Attorney General Ken Paxton successfully challenged a Biden administration rule that aimed to impose specific requirements on foster care providers regarding the affirmation of children’s “gender identities.”
The rule, promulgated by the U.S. Department of Health and Human Services (HHS), would have conditioned federal funding for foster care programs nationwide on the acceptance and promotion of “LGBTQI+ identities” among children in care.
The HHS rule, which took effect on July 1, 2024, created a new category of foster children based on their gender status or identity. It mandated that states provide designated placements for these children in a home that affirms their identity to prohibit “retaliation.”
Paxton filed a lawsuit against HHS in September 2024, arguing that the rule exceeded the agency’s statutory authority, violated the Spending Clause, and was arbitrary and capricious. According to Paxton, the rule was “attempting to hold the Texas foster care system hostage to force unscientific, fringe beliefs about gender upon the entire country.”
Texas sought a stay of the rule, arguing it would force a radical reshaping of its foster care system, jeopardizing the welfare of children and undermining state authority.
A federal district court in Texas granted Paxton’s motion to stay the rule earlier this month, finding that HHS lacked explicit Congressional authority to impose such requirements. The court ruled that the rule violated the Administrative Procedure Act and that Texas was likely to succeed on the merits of its claims.
The decision also noted that Texas would suffer irreparable harm if the rule took effect.
Paxton hailed the decision as a victory for Texas families and parental rights, stating that the Biden administration had no authority to force “radical gender ideology” on vulnerable children.
“I will always fight to protect our values and ensure that Texas children are not used as pawns in the federal government’s social experiments,” added Paxton.
The ruling effectively blocks implementation of the HHS rule pending the conclusion of the legal proceedings, allowing Texas to maintain its current foster care policies without risking federal funding.
HHS did not respond to Texas Scorecard’s request for comment on whether the agency plans to appeal before publication.
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