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Republican Senators Push Back on Biden Administration Effort to Push Gender Ideology in Foster Care

Conner Baker/Unsplash

The Biden administration has been on a yearslong quest to use the power of the federal government to force progressive gender ideology on the nation, and one tool they're using is pushing agencies to implement administrative rules/policies intended to compel the accommodation of far-leftist views on transgenderism.

Now, the administration is considering pushing this ideology in the foster care system. The Department of Health and Human Services (HHS) has proposed a rule mandating that foster care providers affirm a child’s chosen gender identity and sexual orientation.

A group of Republican senators are challenging the proposed rule. In a letter sent Thursday to HHS Secretary Xavier Becerra, Sens. Tom Cotton (R-AR), Markwayne Mullin (R-OK), Mike Lee (R-UT), Cindy Hyde-Smith (R-MS), and John Barrasso (R-WY) argue that while “[a]ll children in foster care, regardless of their sexual orientation or gender identity, deserve a safe and proper placement,” the proposed rule “goes beyond statutory requirements to force states to adopt extreme gender ideology in their placement decisions.”

The senators asserted that the rule would usurp the responsibility of “state and tribal statutory authority to determine what is in the best interests of a child in their care.”

The lawmakers went on to argue that the rule is “arbitrary” because HHS has not proven that state foster care programs are harming children suffering from gender dysphoria.

At the crux of this matter lies the rule’s insistence that foster parents, regardless of their religious beliefs, adhere to progressive ideology related to LGBTQ children. It essentially demands that the providers endorse and facilitate a particular viewpoint on gender and sexual orientation, which is not the purview of the government.

The First Amendment protects the freedom to practice one’s religion as they see fit without the state forcing them to violate their spiritual beliefs. In the letter, the lawmakers referred to the case of Fulton v. City of Philadelphia, in which the Supreme Court ruled that refusing to contract with a faith-based child welfare provider because it refused to certify same-sex couples as foster parents is a violation of the Free Exercise Clause of the First Amendment.

There is also the problem of practicality. The senators rightly pointed out that imposing this rule could reduce the number of foster homes that are available to children in need – especially in rural areas. This reduction would only place more children in dire straits because of the state forcing providers to adhere to a particular ideology.

In reality, this is just the latest in a series of efforts on the part of the Biden administration to shove progressive ideology down people’s throats. It has nothing to do with helping kids - and would likely harm children if put into practice -  but more to do with advancing an agenda.

It’s not the first time the Biden White House has pushed this initiative. In July 2022, the administration caused controversy by trying to enforce gender ideology in the school system by threatening to block lunch money from schools that do not comply with progressive ideas on gender. The effort was met with a lawsuit.

The U.S. Department of Agriculture (USDA) in May announced that K-12 schools must comply with its interpretation of the ban on discrimination based on sex in Title IX of the Education Amendments of 1972, which includes sexual orientation and gender identity — and allowing boys to use girls’ restrooms and locker rooms — in order to receive federal funding for school breakfasts, lunches, and other food items.

Enough is enough, say 22 state attorneys general, who have joined forces in a lawsuit against the Biden administration’s new “guidance,” naming the USDA as a defendant in the suit, which was filed in the Eastern District of Tennessee, as reported by UPI.

The 22 states are Indiana, Alabama, Alaska, Arizona, Arkansas, Georgia, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and West Virginia.

If the Biden administration succeeds in pushing this rule, it would not only be a violation of religious freedom, but it could also leave many kids without homes. But hey, ideology trumps all, even when it involves at-risk children, does it not?

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