In a contentious development, eighteen Republican attorneys general have voiced their opposition to a proposed rule from the Department of Health and Human Services (HHS) aimed at ensuring the well-being of LGBTQ+ minors in foster care. The rule mandates that foster care agencies place LGBTQ+ minors with providers who respect their identities, with the threat of losing federal funding for non-compliance. This move has ignited a debate centering on religious liberty and the rights of LGBTQ+ children.
The attorneys argue that the rule encroaches upon providers’ religious freedom, contending that the effort to place LGBTQ+ kids in affirming homes infringes upon the rights of religious conservatives to impose their beliefs on children. However, the HHS’s intention behind the proposed rule is to address the documented risk factors and adverse outcomes frequently experienced by LGBTQ+ children in foster care.
These children often face higher levels of misgendering, bullying, abuse, isolation, and the denial of LGBTQ+-affirming resources, and they may even be subjected to so-called “conversion therapy” programs. These mistreatments have been linked to a higher risk of severe mental health issues and other serious risks.
The proposed rule requires agencies and providers to offer training materials to ensure the well-being of LGBTQ+ children in their care. It emphasizes the importance of creating safe, supportive environments, free from hostility or mistreatment based on the child’s LGBTQI+ status, including recognizing their gender identity and pronouns.
The opposition, led by Jonathan Skrmetti of Tennessee, contends that the rule will hinder agencies from finding care providers for foster kids in need and violates constitutional rights. They argue that it goes beyond HHS’s statutory authority and contradicts state bans on gender-affirming care, many of which have been blocked by courts.
The HHS, on the other hand, asserts that the rule does not compel every provider to become designated for LGBTQI+ children and respects faith-based providers’ sincere religious objections. The department aims to increase the number of safe and supportive providers for LGBTQ+ kids.
While the debate rages on, the proposed rule underscores the importance of ensuring that LGBTQ+ children in foster care receive the protection and support they need to thrive.
