Texas Attorney General Takes Legal Action Against Federal Policies

Lawsuit document with gavel, pen, and open book.

Ken Paxton’s lawsuit against the Biden administration over new foster care rules could have profound implications for Texas and LGBTQ+ youth.

At a Glance

  • Texas Attorney General Ken Paxton is suing the federal government over a rule requiring states to provide LGBTQ+ affirming placements for foster care youth.
  • The lawsuit claims the rule will worsen the foster care provider shortage and potentially cost Texas $432 million in federal funding annually.
  • Paxton argues the rule imposes “unscientific, fringe beliefs” and violates federal law, threatening the state’s foster care programs.
  • Opponents argue that rejecting inclusivity measures could increase suicide rates among LGBTQ+ foster youth.

Legal Action Over New Foster Care Funding Rules

Texas Attorney General Ken Paxton has initiated a lawsuit against the Biden administration concerning new rules that require foster care programs to affirm LGBTQ+ identities to secure federal funds. Paxton contends these requirements enforce “unscientific, fringe beliefs” that could strain the already limited pool of foster care providers in Texas, risking a potential loss of up to $432 million in federal aid annually.

Ken Paxton’s legal action raises significant concerns regarding the federal mandate’s legality, arguing that it violates federal law and threatens to undermine foster care services across the state. The federal rule mandates that state child welfare agencies ensure designated placements for LGBTQ+ foster children and consider their expressed concerns, providing appropriate mental and behavioral health support. Non-compliance with this rule could result in state agencies losing vital federal funding.

Potential Impact on Foster Care Providers and Youth

The lawsuit claims the rule could exacerbate the shortage of foster care providers by requiring states to find providers that support “gender identity” ideology. Paxton maintains that the mandates conflict with existing non-discrimination provisions and could force unscientific beliefs upon the foster care system. Will Francis of the National Association of Social Workers criticizes the lawsuit, arguing it prioritizes providers over the best interests of children.

“The Biden Administration is attempting to hold the Texas foster care system hostage to force unscientific, fringe beliefs about gender upon the entire country,” Paxton said in the lawsuit. “The new rule directly violates federal law and threatens to undermine our vital foster care programs, putting children who need safe, loving homes at risk.”

Advocates estimate that about 30% of Texas foster children identify as LGBTQ+. The Texas foster care system has faced numerous issues, including overmedication, neglect, and abuse, with LGBTQ+ youth experiencing higher risks of homelessness, trafficking, and mistreatment. Attorney Jacky Varela warns that Paxton’s lawsuit could lead to increased behavioral issues and suicide rates among LGBTQ+ foster youth.

Arguments from Both Sides

Proponents of the federal rule contend that not providing supportive environments for LGBTQ+ youth could lead to higher costs for Texas taxpayers, including the use of unlicensed facilities. Implementing the rule might reduce mental health costs for LGBTQ+ foster youth, providing critical support and reducing risks associated with lack of affirmation in foster placements.

“For the Attorney General to make such a political statement really runs counter to what we know is best for every kid,” said Francis. “We should be providing support, not erasure.”

Andrea Segovia of the Transgender Education Network of Texas accuses Paxton of trying to ensure transgender Texans “don’t survive” in the state and urges continued support for LGBTQ+ youth. Paxton, however, stands firm in his belief that the rule violates federal law and threatens vital foster care programs. The lawsuit, filed in the U.S. District Court for the Eastern District of Texas, seeks a permanent injunction to prevent the enforcement of the rule.

Conclusion

The outcome of this legal battle could be significant not only for Texas but also for the future of federal foster care funding rules. As both sides present strong arguments, the court’s decision will undoubtedly impact the lives of countless foster children and the organizations dedicated to their care.

The legal challenge underscores the ongoing debate over how best to support vulnerable populations while adhering to state and federal laws.

Sources

1. Texas sues Biden administration over requirement to provide LGBTQ+ youth foster placements

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