18 Republican AGs are outraged that the Biden administration wants to help LGBTQ+ foster kids

Eighteen Republican attorneys general have signed a letter opposing a proposed rule from the Department of Health and Human Services (HHS) that would require foster care agencies to place LGBTQ+ minors with foster care providers who will respect their identities. Agencies that don’t would lose federal funding.

The attorneys say the rule will infringe on providers’ religious liberty, arguing that trying to get LGBTQ+ kids into affirming homes harms religious conservatives’ rights to impose their views on kids.

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The HHS Administration for Children and Families’ proposed rule is meant to “address the extensively documented risk factors and adverse outcomes” that LGBTQ+ children in foster care often experience, the department wrote.

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LGBTQ+ kids in foster care have experienced higher levels of misgendering, bullying, abuse, forced isolation from other kids, inability to access LGBTQ+-affirming resources, and placement into so-called “conversion therapy” programs that aim to change their sexual orientation and gender identity, HHS wrote. Such mistreatment has been linked to an increased risk of depression, suicide, homelessness, food insecurity, illegal drug use, and other serious health risks.

The rule requires agencies and providers to offer training materials that aid in caring for an LGBTQ+ child’s cognitive, emotional, physical, and behavioral well-being. Agencies and providers must have review systems in place to house kids in safe, supportive environments

The HHS defines a safe, supportive environment as one free from hostility, mistreatment, or abuse based on the child’s LGBTQI+ status. This includes recognizing the child’s gender identity and pronouns, allowing them to express their identity, and facilitating their access to age-appropriate resources, services, and activities, including gender-affirming care.

The 18 Republican attorneys general who oppose the proposal, led by Jonathan Skrmetti of Tennessee, claim that the new rule will hinder agencies from finding care providers for foster kids in need and drive dedicated care providers out of the system. The attorneys also say the rule goes “far beyond [HHS’s] statutory authority,” violates constitutional rights, and contradicts state bans on gender-affirming care for transgender youth (many of which have been blocked by courts).

“[HHS isn’t allowed] to tack on additional conditions to federal programs without clear congressional consent,” their letter reads. “[The rule’s] potential for punishing foster-care providers for their views on LGBTQI+ issues risks running afoul of core First Amendment protections of freedom of speech and religion.”

The letter claims that Tennessee and other states have determined that gender-affirming care is “unproven and unsafe,” even though its methods have been used safely for decades and are deemed safe, effective, and essential by all major medical associations.

The letter also claims that the new rule will lead to the persecution of religious families who restrict minors’ access to LGBTQ+-affirming media, social groups, and medical care.

However, the HHS’ proposed rule specifically says that it “would not require that every provider become designated as a safe and appropriate placement for LGBTQI+ children.”

“Consistent with this protection, the proposed rule, if adopted, would not require any faith-based provider to seek designation as a safe and appropriate provider for LGBTQI+ children as described in this proposed rule if the provider had sincerely held religious objections to doing so,” the HHS’ proposal states.

HHS says it will abide by the First Amendment and the Religious Freedom Restoration Act to ensure that standards for child care don’t place undue burdens on people’s exercise of religion. Rather, the HHS said its aim is to increase the number of safe providers for LGBTQ+ kids.

Twenty-two states and Washington D.C. already require foster agencies to provide specific support to LGBTQ+ kids. Fifteen states and D.C. also require caregivers and agency workers to undergo training to work with LGBTQ+ kids. However, a majority of agencies “do not have laws, regulations, or policies to make appropriate services and supports, or safe and appropriate placements” for LGBTQ+ kids, HHS reported.