GOP Opposes Rule Designed to Protect LGBT Foster Children

A proposed rule designed to protect LGBTQ+ foster children from discrimination and abuse is facing backlash from Republicans.

The rule, which was proposed by the Department of Health and Human Services (HHS), is designed to provide LGBTQ+ youth in foster care with an environment that is “free of hostility, mistreatment, or abuse based on the child’s LGBTQI+ status.” It also would require caregivers for said children to receive training to ensure they can provide for their wards’ needs regarding their expression and identity.

According to Xavier Becerra, the Secretary of Human Services, this proposal demonstrates the department’s commitment to “putting children’s well-being first.” According to a 2019 study, queer children are more than twice as likely to be placed in foster care, as opposed to their cisgender, heterosexual peers. And only around half of the states in the U.S. have anti-discrimination policies in place for foster youth, with many children choosing to hide their LGBTQ+ identities out of fear of discriminatory placement. However, members of the GOP have expressed concern with the rule.

Last month, Iowa Rep. Jim Banks introduced a bill which would exempt foster families from having to affirm a transgender child’s gender identity. And November, PA Rep. Mike Kelly and SC Sen. Tim Scott filed a bill to prevent the government from penalizing foster families who refused to provide children with care “contrary to their sincerely held religious beliefs,” including sexuality- or gender-affirming parenting. These and many more Republican politicians claim that such measures are necessary to fight against “wokeness” or “irreversible sex change procedures on kids.” Meanwhile, proponents of the new rule argue that such phrasing is based on misinformation regarding transgender youth.

Even with so much opposition, many see the new child welfare rules as a positive. Numerous Democrat politicians and nonprofit organization have expressed their approval of the proposal. One Cleveland-based nonprofit stated, “A targeted and specific plan for LGBTQI+ youth’s health and wellbeing through safe and appropriate placements can ensure youth are acknowledged and affirmed when they express their needs.”