The Department of Health and Human Services proposed on March 6 to rescind a policy that required foster homes to affirm the gender identity or sexual orientation of children in their care. The policy, finalized in 2024 under the Biden administration, had mandated that designated placements for LGBTQ+ youth must create supportive environments, undergo specific training, and facilitate access to appropriate resources.
The proposal comes after a federal judge blocked the original rule, citing the Major Questions Doctrine, which holds that significant political or economic decisions should be made by Congress rather than courts. Supporters of the original policy argued it was necessary to protect LGBTQ+ youth from unsafe foster environments. According to the Human Rights Campaign, LGBTQ+ youth are over-represented in foster care compared to their proportion in the general population.
Critics said the policy discriminated against potential foster parents with certain religious beliefs. In one example from 2023, a Massachusetts couple claimed they were denied the opportunity to foster or adopt due to their views on marriage and gender. More recently, Indiana Governor Mike Braun signed legislation aimed at preventing rejection of prospective foster parents based on sincerely held religious beliefs.
Research from the Bipartisan Policy Center has found that individuals for whom religion is important are nearly 50% more likely than others to be familiar with child welfare systems. The center also noted a strong connection between religious faith and service in child welfare.
Public comment on the proposed HHS rule will be accepted until April 6. Days before issuing this proposal, HHS’s Administration for Children and Families sent letters reminding states not to remove children from homes solely because parents decline to support a child’s self-identification as another sex. “Parents have the right to raise their children according to their sincerely held religious beliefs and moral convictions,” ACF Assistant Secretary Alex J. Adams said in a March 3 statement. “When states overstep their bounds, ACF will take action to deter inappropriate policies that drive unnecessary interactions with child welfare systems. This is one such example.”
In related developments, U.S. Catholic bishops approved updated guidelines for Catholic health care services last November that explicitly prohibit gender transition surgeries and interventions aiming to alter sex characteristics.
