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Published on March 22, 2025
Texas AG Ken Paxton Triumphs in Court Against Biden Administration on Foster Care LGBTQI+ PolicySource: Unsplash/ Raphael Renter | @raphi_rawr

Texas Attorney General Ken Paxton has claimed a legal victory against the Biden Administration over a foster care ruling involving "gender identity" ideology. Paxton's office announced that a recent court decision had blocked a federal rule that would have mandated foster care programs to "affirm" a child's self-professed LGBTQI+ identity or risk losing federal funding. According to a statement from the Texas Attorney General's Office, a federal district court found that the U.S. Department of Health and Human Services (HHS) lacked the statutory authority to impose such a requirement.

Attorney General Paxton initiated legal action in September 2024 against the HHS, the agency head Xavier Becerra, and other defendants, aiming to prevent the enforcement of the contested rule tied to Title IV-E and Title IV-B funding. Paxton challenged the stipulation that state agencies had to ensure foster-care placements confirmed a child's LGBTQI+ identity, criticizing the penalty provision that might lead to sanctions against foster care providers who did not comply. The successful lawsuit ensures to firmly put a stop to the enactment of the rule.

"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," Paxton was quoted saying in the press release. The Attorney General expressed his commitment to fighting against what he described as federal overreach and to defending Texas's values.

The court's decision is viewed by Paxton as a safeguard against the federal government's perceived attempt to inappropriately influence the state's foster care practices. "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," Paxton further stated. As the ruling stands, foster care providers and state agencies in Texas will not be legally required to follow the Biden-era rule. The Attorney General's Office emphasizes this outcome as a protection of individual freedoms and state rights.