How Biden Admin Is Twisting the Law in New Transgender Foster Care Rule

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🗓️ 1 December 2023

⏱️ 27 minutes

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Summary

Jonathan Skrmetti, the Republican attorney general of Tennessee, has pledged that he will sue the Department of Health and Human Services under President Joe Biden if it finalizes a rule forcing gender ideology on foster parents. Skrmetti laid out the legal arguments against the rule in a conversation Wednesday with "The Daily Signal Podcast." "This is a federal agency making law, treading on both the prerogatives of Congress and really the prerogatives of the state legislatures," Skrmetti said. "Family law has always been a state issue," he explained. "The states have developed a rich body of family law dealing with issues like foster care. This is a really heavy-handed intrusion by the federal government in pursuit of a political end but at the expense of kids. So constitutionally, there's a structural problem with a federal agency making law in an area where the states should be making the law and where the states have been making the law." HHS’ Administration for Children and Families proposed a new rule Sept. 28 on “Safe and Appropriate Foster Care Placement Requirements” and allowed Americans to submit public comments by Nov. 27. Skrmetti submitted a comment as Tennessee's attorney general, and 16 other state attorneys general signed on to it. Enjoy the conversation with Skrmetti. Hosted on Acast. See acast.com/privacy for more information. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0	We are not shy about suing to stop federal overreach and particularly where kids are going to be hurt as a result of it.
0:07.0	I'll absolutely sue here if they go forward with this rule and I suspect probably all or almost all of my colleagues who signed
0:14.4	on to the letter will too.
0:21.1	This is the Daily Signal Podcast for Friday, December 1st.
0:26.0	I'm Tyler O'Neill, and that was Tennessee Attorney General
0:29.7	Jonathan Scrametti.
0:31.4	He and I sat down to discuss the way his office responded to President
0:37.7	Biden's new rule in the Department of Health and Human Services. This is a proposed rule not finalized yet,
0:44.3	but the rule imposes gender ideology on foster parents.
0:48.9	And Scrametti led a team of 16 other attorneys general in sending this official comment into the HHS
0:58.7	laying out the legal arguments why this rule does not pass muster, why it violates long-standing law when it comes to the state's wide
1:10.0	authority to issue rules on foster care and why it violates the US Constitution
1:17.6	specifically the First Amendment guarantees of free speech and
1:21.4	religious freedom.
1:23.6	This is a very shocking rule.
1:25.8	I mean, it's what we expect from the Biden administration,
1:28.8	but it's pushing the envelope on this gender ideology,
1:33.4	essentially forcing anyone who wants to take in foster kids
1:38.2	to follow the dictates of gender ideology,
1:42.4	to embrace the idea that a child's self-declared gender identity overrides
1:49.0	their biological sex.
1:50.9	And during our discussion, Scrametti actually explained this in a very effective way.
	...

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