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Texas Attorney General Ken Paxton Triumphs in Legal Battle Against Federal LGBTQI+ Foster Care Policy

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Published on June 18, 2025
Texas Attorney General Ken Paxton Triumphs in Legal Battle Against Federal LGBTQI+ Foster Care PolicySource: Wikipedia/Gage Skidmore from Surprise, AZ, United States of America, CC BY-SA 2.0, via Wikimedia Commons

Texas Attorney General Ken Paxton has forged an agreement with the U.S. Department of Health and Human Services, resulting in the rejection of a Biden Administration rule regarding gender identity in the state's foster care system. The rule in dispute would have mandated foster care programs to acknowledge and affirm a child's self-expressed LGBTQI+ identity, linking the adherence to this requirement with federal funding, as reported by the Texas Attorney General's office.

According to a release by the Texas Attorney General's office, Paxton described the federal government's stance as "an attack on Texas's foster care system, families, and laws," which he proclaimed to have been "totally defeated." The victory was said to guard "vulnerable children from dangerous and radical 'gender ideology.'" Paxton, equally expressed gratitude towards the Trump Administration for concurring that the rule was illicit, and warranted full dismissal.

Initial legal action against the U.S. Department of Health and Human Services, Secretary Xavier Becerra, and other officials was launched by Paxton in September 2024. The contested stipulation necessitated that agencies managing Title IV-E and Title IV-B foster care programs to ensure that placements were consistent with a child's asserted LGBTQI+ identity. Non-compliance could result in financial penalties and an alleged risk of losing federal aid to state agencies, as stated by the Texas Attorney General's office.

Before the final decision, in March 2024, Attorney General Paxton got a nationwide pause on enforcing the rule. Now, with the latest settlement, the Biden-era policy has been completely dropped, as per the Texas Attorney General's office. Texas’s actions show its continued pushback against what it sees as federal overreach, especially in matters involving identity, health, and the care of children in government custody.