Published on November 30, 2023, 1:21 am

Jonathan Skrmetti, the Attorney General of Tennessee, spearheaded a congregation of 17 Republican attorneys general to impress upon the Biden administration their concerns regarding a proposed rule by Health and Human Services (HHS). According to these officials, the decree could obligate foster care providers to enable transgender procedures for minors.

In further assertion of their opposition, these representatives authored a letter addressed to HHS official Kathleen McHugh. Presented on Monday, the correspondents implored the agency to reevaluate this prospective regulation which they believe could intensify federal jurisdiction over family law and infringe upon religious freedom.

Initiated in September, this contested ruling would mandate that LGBT-identifying minors be placed with receptive providers who embrace a child’s gender identity and pronouns while ensuring necessary services for health and welfare. Federal funding would hinge on compliance with this provision. The coalition of Republican officials argues that such rules easily exceed federal authority’s bounds.

Skrmetti voiced his concerns about the controversy surrounding these regulations. “The proposed rule surpasses the agency’s bounds while posing serious constitutional queries. It markedly inhibits states’ capacity to safeguard children since it enforces mandating of pronoun use with equal immediacy as tackling physical abuse,” he remarked in an statement.

The concern-laden letter highlights three chief predicaments related to this prospective regulation: firstly, it brands the scheme as nothing more than an attempt by HHS at power appropriation. Skrmetti described the proposal as plainly being illegal, positioning this overreach beyond federal governance as intrusive towards state responsibilities.

Additionally, they argue that HSS lacks lawful authority to impose particular conceptions regarding suitable foster care arrangements for LGBTQI+ youth or press agencies into realigning sex-segregated programs around foster children’s gender identities. Concerns also abound as foster care providers might be compelled into supporting ‘transitions’ among transgender-identifying minors into unfamiliar health terrains.

Further, the regulation’s potential impact on numerous faith-based providers is notable. This constituency would be coerced into compliance with ‘gender ideology’, which could be in conflict with their faith-founded principles of service provision.

The coalition also cautioned against violation of the Administrative Procedure Act and an escalated drive-out of competent care providers threatened by newly posed regulations. In a counterproductive twist, such restrictions could stymie the efforts of LGBTQI+ assistance by ballooning related compliance costs and legal exposure for services that house LGBTQI+ foster children.

Joining Skrmetti’s protest letter are Attorney Generals representing a range of states including Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, South Carolina, Texas, Virginia and West Virginia.

Firmly standing his ground in this contentious debate around regulatory jurisdiction and religious liberty rights conflicting with the protection due to young people under care systems in light of what they firmly believe as trusted news from Christian worldview perspectives—Skrmetti stated that should the proposed rule come into effect—litigation was a probable course. “Tennessee has not wavered before to lawfully combat illegitimate federal overreach—we can do so again,” he affirmed. This indeed frames an incendiary juncture in real news dealing with LGBT rights meeting reckoning vis-à-vis States Rights.