Attorney General Ken Paxton Defeats Biden-Era Rule that Attempted to Force Radical “Gender Identity” Ideology on Texas Foster Care System
March 21, 2025 – Attorney General Ken Paxton has successfully stopped a Biden Administration rule forcing foster care providers to “affirm” radical “gender identity” ideology in violation of state and federal law.
In September 2024, Attorney General Paxton sued the U.S. Department of Health and Human Services (“HHS”), HHS Secretary Xavier Becerra, and other members of the Biden-Harris Administration to stop a rule that unlawfully conditions federal funding for foster care programs on the acceptance of “gender identity” ideologies. The rule would have forced Title IV-E and Title IV-B agencies to ensure that foster-care placement “affirms” a child’s self-professed “LGBTQI+” identity and would have penalized foster care providers who disagreed with a child’s identity for “retaliation.” State agencies that did not comply risked losing federal funding.
Now, a federal district court has held that Biden’s HHS had no statutory authority to impose a nationwide rule requiring experimental and controversial “treatments” for children in foster care, granting Attorney General Paxton’s motion to halt the rule from taking effect.
“This is a tremendous victory for Texas families, parental rights, and the rule of law. The Biden Administration had no authority to force radical gender ideology onto vulnerable children and demand compliance from foster care providers under threat of lost funding,” said Attorney General Paxton. “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.”
