Missouri Attorney General Andrew Bailey joined a coalition of 19 states in opposing the Biden Administration’s proposed rule that would require foster care agencies across the country to place foster children with families who promise to promote transgender identity. Attorney General Bailey asserts that in addition to being unconstitutional, the rule would result in a loss of available foster placement options for children.
“As a foster parent myself, I am deeply invested in protecting children and putting their best interests first. Biden’s proposed rule does exactly the opposite by enacting policies meant to exclude people with deeply held religious beliefs from being foster parents,” said Attorney General Bailey. “This proposed rule violates everything our Constitution stands for, as evidenced by the Fulton decision where the Supreme Court struck down such a rule. The proposed rule imperils children who need nothing but stability. Missouri won’t stand for it.”
In a letter directed to HHS, General Bailey and the other states point out that the proposed rule would violate the United States Constitution, as it would severely infringe on freedom of religion and freedom of speech guaranteed by the First Amendment. The states note that the U.S. 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.
Additionally, General Bailey and the states detail why the Biden Administration’s misinformed ideology is problematic. By effectively barring individuals and organizations of faith from joining or continuing in foster care, the proposed rule will significantly reduce placement options for foster children.
The attorneys general also assert that the rule would remove states’ ability to administer their foster care programs, thereby creating undue financial burdens by forcing states to conform to Biden’s federal overreach.
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