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Paxton sends letter to Biden administrator criticizing illegal rule that requires states to adopt gender-woke policies

Attorney General Paxton attached a Tennessee-led comment letter to U.S. Department of Health and Human Services (HHS) Secretary Xavier Becerra, demanding that HHS drop its proposed rule, which expands Section 1557 of patient protection law and affordable care far beyond what was ever expected.

Section 1557 prohibits discrimination “based on sex”. The HHS proposed rule would radically change the definition of “sex,” which is based on biology, to include “gender identity” or “sexual orientation.” This presents many problems, such as the endangerment of free speech, the threat to religious freedom, and the potential withdrawal of billions of dollars from states that do not agree with the emphasis of the Biden administration on redefining biological reality.

The proposed rule is also illegal, as HHS has previously admitted. Multiple courts have struck down the Biden administration’s attempts to codify their woke gender ideology by redefining “sex.” This includes a recent federal district ruling in favor of Texas, in Attorney General Paxton’s lawsuit against the Biden administration over its attempt to force the state to return bathrooms, locker rooms and shower use. schools accessible to members of the opposite sex on the basis of “gender identity.”

“For reasons evident in the plain text and statutory context of Section 1557 – and for reasons that HHS identified in 2020 and the reviewing court acknowledged in 2016 – the proposed rule’s attempts to misrepresent the Congressional demands are illegal,” the letter said. “Thus, without substantial modification, the proposed rule will join a long list of illegal agency actions.”

To read the full letter, click here.

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