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(LifeSiteNews) – A new Biden administration rule would effectively exclude conservative Christians from being foster parents, a letter from Republican attorneys general warns.

The proposed rule “seeks to accomplish indirectly what the Supreme Court found unconstitutional just two years ago: remove faith-based providers from the foster care system if they will not conform their religious beliefs on sexual orientation and gender identity,” the letter stated. The Supreme Court ruled in Fulton v. City of Philadelphia in 2021 that Christian adoption agencies could not be excluded from government programs just because they believe a child should be in a home with one mom and one dad.

Alabama Attorney General Steve Marshall organized the letter and 18 other attorneys general signed in support.

The Republican AGs continued:

In addition to discriminating against religion, the proposed rule will harm children by limiting the number of available foster homes, harm families by risking kinship placements, and harm states by increasing costs and decreasing care options. These injuries will be suffered while HHS fails to solve a problem that the proposed rule does not even prove exists in foster care.

Agencies must ensure that children who “identify” as LGBT are placed in homes that “facilitate the child’s access to age-appropriate resources, services, and activities that support their health and well-being.” This could be interpreted to include promoting homosexual or LGBT identification.

If the regulation is implemented, “individuals and organizations of faith will be discouraged from beginning or continuing to provide foster care services because they will be penalized for their beliefs and excluded from helping large numbers of foster children,” the letter warned. “Excluding individuals and organizations of faith from providing care for potentially one-third of older foster children unconstitutionally burdens individuals and organizations of faith.”

The proposed rule would also appear to open up discrimination against kinship care, meaning family members. The letter notes it generally accepted that placing children with family is preferred to complete strangers. However, “HHS appears to be contemplating how individuals of faith who are relatives of LGBTQI+ children in foster care can be trained or managed to ‘best comply with the requirements of this proposed rule’ —which would include the requirements regarding pronouns, views on sexual orientation and gender identity, and training.”

READ: Father’s ‘torment’ over ‘trans’ son he hasn’t seen in two years not unlike what other families are going through

The regulation also could force minor girls to be housed with males who “identify” as female, because foster care agencies “must place the child consistent with their gender identity.” A foster care home for girls only would have to accept a male who claims to be a woman.

“This requirement would mean that a biologically male foster child could be placed in a child-care facility exclusively for girls and that a biologically female foster child could be placed in a child-care facility exclusively for boys,” the AGs warned. “Either scenario would needlessly create potentially dangerous situations for children.”

The letter concluded:

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.

‘If this rule prevails, it will not stay limited to foster care’

Other conservatives have also slammed the proposal because in principle it could easily be extended to all children, undermining basic parental rights everywhere and destroying families.

In a previous statement to LifeSiteNews, Dr. Jay Richards, director of the DeVos Center for Life, Religion, and Family and senior research fellow in religious liberty and civil society at The Heritage Foundation, warned of the destructive implications of the proposed rule change for every family:

This proposed rule involving foster care is a profound attack on both the rights of parents and common sense. It is part of a larger effort by the Biden administration to establish the tendentious assumptions of gender ideology by regulatory fiat. In this case, it would function to weed out any potential foster care parents who doubt that children can be born in the wrong body, and that a male child can ‘really be’ a female if only he ‘identifies’ as such. In other words, foster parents, under the proposed rule, could be guilty of child abuse if their fidelity to the truth outweighs their desire to conform to this gender madness.

The rule is also a harbinger. If this rule prevails, it will not stay limited to foster care. After all, if denying gender ideology qualifies as abuse in foster parenting, what about in the case of adoption? What about natural birth and parenting? Surely abuse in one of these cases would be abuse in every case.

The silver lining is that this attempted rule further exposes the intentions of gender ideologues – which is to destroy the family, and the immutable and complementary differences between male and female.

Social service agencies have already been weaponized against Christians

The regulation is just the latest way social services, intended to help marginalized individuals, have been weaponized against Christians.

Massachusetts officials, for example, denied a foster care parent application from a married Catholic couple over fears the husband and wife were not accepting enough of a hypothetical child’s homosexual inclination or gender confusion.

The state of Washington also wants to use its social services to discriminate against the actual, biological parents of teens, by preventing them from knowing about abortions and chemical and surgical mutilation. A new law in that state allows social service providers to keep kids way from their parents until they have accessed any transgender drugs and surgeries they want or accessed “reproductive health care” services.

America First Legal, a conservative advocacy group, said the new law amounts to “state-sanctioned kidnapping.”

As LifeSiteNews has reported, there have already been numerous cases of parents who have lost custody of their children for objecting to their kids receiving irreversible drugs and surgeries.


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