A proposed new rule in the federal foster care system is intended to serve as an extra layer of protection over a child’s gender identity, but it could end up backfiring on the entire system. Nineteen Republican attorneys general have submitted a request for the Biden administration to reverse course the rule, saying that it would steer Christian families away from opening up their homes to the foster care system.
The attorneys generals also argue that no evidence exists to demonstrate the necessity of the proposed new policy in the first place.
The rule would forbid foster parents from placing their foster child in “conversion therapy,” among other items, but it is worded loosely in some places, and could be interpreted much more broadly.
The proposed rule states: “To be considered a safe and appropriate placement—a provider is expected to utilize the child’s identified pronouns, chosen name, and allow the child to dress in an age-appropriate manner that the child believes reflects their self-identified gender identity and expression…a provider who attempted to undermine, suppress or change the sexual orientation, gender identity, or gender expression of a child, including through the use of so-called ‘conversion therapy’ would not be a safe and appropriate placement.”
The 19 Republican leaders cite the rule’s language as being problematic, saying it would deter faith-based homes and families from considering foster care. They also allege that the rule would infringe on Americans’ First Amendment rights to religious freedom. Finally, they claim the policy will limit the number of available foster homes at a time when the government should be doing all it can to expand the number of available homes for foster children.
