Attorneys Basic from 19 states have penned a joint letter opposing a latest rule proposed by the Division of Well being and Human Providers (HHS) impacting foster care placements.
The contentious rule, formally titled “Safe and Appropriate Foster Care Placement Requirements for Titles IV-E and IV-B,” was printed within the Federal Register on September 28, 2023, beneath the quotation 88 Fed. Reg. 66752.
This proposed regulation goals to ascertain pointers for foster care placements, with a selected give attention to respecting and affirming the self-identified gender identities of kids within the foster care system. Amongst its stipulations, the rule mandates that foster dad and mom acknowledge and use a toddler’s chosen identify and pronouns and allow them to decorate in a way in keeping with their gender identification.
In keeping with the American Family Association (AFA), a non-profit group, “Those who do not “affirm” the LGBTQ guidelines due to their Christian religion will likely be deemed “unsafe” by the Biden administration and in the end rejected as foster mother or father candidates.”
The authorized problem, led by Steve Marshall, Lawyer Basic of Alabama, together with Alaska, Arkansas, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, South Carolina, Tennessee, Texas, Virginia, and West Virginia, argues that the rule entitled “Safe and Appropriate Foster Care Placement Requirements” threatens the elemental rights safeguarded beneath the First Modification, associated to freedom of faith and speech.
The Attorneys Basic argue that historic priority from the Supreme Court docket bars the federal government from disqualifying foster care suppliers primarily based on their non secular convictions. Moreover, they assert the rule imposes an ideological stance that mandates sure speech from personal residents.
“Through this “retaliation” provision, the proposed rule immediately endangers the non secular freedom of people and organizations of religion. The “Free Exercise Clause provides an absolute right to hold religious beliefs,” in keeping with the letter.
It added, “HHS’s attempt to force speech on individuals and organizations of faith thus violates the First Amendment’s protection of foster parents’ freedom of speech.”
The group additionally highlights considerations concerning the potential hurt to foster kids themselves. They assert that the rule might scale back household setting choices for foster kids, pushing extra kids into much less supportive congregate settings.
The letter additionally raises considerations concerning the security and appropriateness of putting transgender, gender non-conforming, or intersex kids in sex-segregated child-care establishments primarily based solely on their gender identification.
States, in keeping with the group, might face further monetary burdens as a result of proposed rule. It argues that the rule underestimates the prices of recruiting non-religious foster care suppliers and fails to account for the prices of changing faith-based organizations which will exit the system because of the brand new necessities.
The Attorneys Basic query the very foundation of the proposed rule, difficult the proof used to justify it. It means that the rule is predicated on restricted and doubtlessly unrepresentative information, and it fails to exhibit a systemic downside within the remedy of LGBTQI+ kids in foster care that it goals to unravel.
“The proposed rule infringes on the freedom of religion and the freedom of speech, fundamental rights preserved by the First Amendment. The Supreme Court has repeatedly rejected attempts by the government to exclude foster care providers based on religious beliefs or to mandate speech on private actors. The proposed rule also will harm children, harm families, and harm States, all to advance an ideology. HHS should reject the proposed rule,” the letter learn.
