Texas Attorney General Ken Paxton filed a lawsuit this past week against a rule by the Department of Health and Human Services he believes will threaten religiously affiliated foster care organizations in Texas. 

The HHS started to use the Sexual Orientation and Gender Identity (SOGI) rule in 2017 to prohibit discrimination “on the basis of ‘age, disability, sex, race, color, national origin, religion, gender identity, or sexual orientation’ as well as same-sex marriage status,” according to Paxton. The SOGI rule in this case is being applied to the foster care system.

The state of Texas works with many religious-based foster care and adoption organizations and has a law that protects these organizations when exercising their religious beliefs. Simply put, if a Christian-based foster care or adoption organization/agency does not want to place a child with a homosexual couple, Texas law protects the agency. Ken Paxton argues that the SOGI rule threatens the religious convictions of religious-based foster organizations, who could risk losing federal funding or compromising their religious beliefs, since they are recipents of HHS funding. 

“Consistent with state law, the State of Texas—through its Department of Family and Protective Services—works with faith-based organizations in providing foster care and adoption services without requiring those organizations to violate their beliefs about sexual behavior or the nature of marriage. The Biden Administration’s SOGI Rule threatens Texas with the loss of federal funding unless it refuses to work with those faith-based organizations.” said the Attorney General’s office. 

“There are so many vital religious institutions in Texas and around the country that can aid in making sure foster children are protected and able to find good homes,” said Attorney General Paxton. “The SOGI Rule would force them either to adopt a radical woke agenda or surrender their mission of helping children. That’s not right. It’s a disgrace that the Biden Administration is playing politics with our foster care and adoption services, and this lawsuit aims to put our children first and to protect religious freedom.” said Paxton

The State of Texas sued to have the Rule repealed in 2019. However, the federal judge over the case dropped it by the word of HHS that they would revise and not enforce the Rule. After several other federal court cases trying to make the law enforceable, Ken Paxton has filed suit to have the law repealed entirely.  

Proponents of the law believe that the SOGI rule allows transgender or LGBTQ children to be placed in affirming homes. This rule protects people of all ages in regard to sexual orientation and gender identity, including children and adolescents in the foster care system.

However, Ken Paxton has made clear that the state of Texas works with all foster care and adoption agencies and wants to protect the State’s right to work with religious-based foster care organizations without the organizations having to compromise their religious beliefs.

“Texas and DFPS do not violate the SOGI Rule. They serve all foster children and are willing to work with all potential foster parents. But to better help foster children, DFPS partners with numerous and diverse child-placing agencies. Some of those agencies have sincerely held religious beliefs that would prevent them from following the SOGI Rule. Texas children, and DFPS, benefit greatly from the work done by those child placing agencies.” said Paxton