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Biden administration seeks to erase mothers and fathers in federal statutes/regulations

New filings are part of nothing less than an attack on the beliefs of Catholics and many other faiths about the nature of family and marriage.

(Image: Pixabay)

Having already demonstrated its unrelenting support for abortion, along with attempting to deny aid to a pro-life family planning center, the current administration, under the direction of self-professed Catholics President Joseph Biden, whose office portrays him as devout, and Secretary of the Department of Health and Human Services (HHS) Xavier Becerra, has launched its latest assault on Judeo-Christian values and families.

The administration has attempted to remove the words “mother” and “father” from federal statutes and regulations in a misguided attempt at being what a proposed new regulation describes as inclusive. Focusing on “the existence of and legal needs of diverse family structures” the proposal intends to replace “the gender-specific terms ‘mother’ and ‘father’ with the gender-neutral term ‘“parent’” in rules and statutes governing Federal child care programs. The regulation also seeks to reject the use of the “gender-specific term ‘paternity’ with the gender-neutral ‘parentage’” in the programs the agencies support.

The current thirty-plus-page filing, including the proposed regulation Parentage Establishment in the Child Support Services Program, is nothing less than an attack on the beliefs of Catholics and many other faiths about the nature of family and marriage. Released jointly by the Department of HHS, the Office of Child Support Services, and Administration for Children and Families, on September 26, 2023, this document offers two arguments attempting to justify its attempt to redefine family in current child care laws and rules.

First, the proposed change claims to align with four of President Biden’s Executive orders detailing the Federal Government’s goal of adopting a comprehensive approach to advancing equity for all, including members of the LGBTQI+ communities. The first two orders, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government” and ” Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation”, were issued on January 21, 2021, the day after Biden was sworn into office. The speed at which these orders were released indicates they had already been prepared, illustrating that they were among Biden’s greatest priorities despite the significant issues associated with the then still raging COVID-19 pandemic and its accompanying economic woes.

The third order, titled “Advancing Equality for Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Individuals”, was released on June 15, 2022. The fourth order, “Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government”, was published on February 16, 2023.

Second, the proposal urges that the changes are needed to be consistent with the 2022 “Respect for Marriage Act” which codified Obergefell v. Hodges. As Justice Thomas pointed out in his dissent, in Orbergefell the Supreme Court ignored the democratic process by disregarding voters in 32 of the 35 states who considered the question in choosing to retain the definition of marriage as a relationship being between one man and one woman, discovering a heretofore unknown constitutional right to “same-sex unions”.

According to the Respect for Marriage Act,

For the purposes of any Federal law, rule, or regulation in which marital status is a factor, an individual shall be considered married if that individual’s marriage is between 2 individuals and is valid in the State where the marriage was entered into or, in the case of a marriage entered into outside any State, if the marriage is between 2 individuals and is valid in the place where entered into and the marriage could have been entered into in a State.

This proposed regulation thus follows Obergefell in continuing to undermine marriage as a relationship between one woman and one man.

Rather than expand the list of acceptable terms by truly being open to all, the proposal essentially ”throws the baby out with the bathwater” by excluding heterosexual married couples, now euphemistically described as “traditional families.” In so doing, the proposal senselessly eradicates biological, physiological, emotional, and other differences between the sexes, lumping mothers and fathers under one amorphous term of classical Orwellian doublespeak.

In its rush to initiate its inapt vision of inclusiveness, the proposal tramples the beliefs and values of others, all part of the radical transformation the current administration is pushing. As in other situations under the Biden administration, this seems to demonstrate “respect for me but not for thee” as the change would introduce an ideological perspective in this important arena to the detriment of mothers, fathers, children, and their families.

In attempting to remove mother and father from federal statutes and regulations, the administration has given little, if any, thought how this would impact the ”70.1% of the nation’s children under age 18 liv[ing] with two parents.” The proposal, in shorts, risks excluding youngsters in two-parent families. What is the merit in such a proposal, given its lack of respect for all families and parents?

At the same time, it is unclear why such a draconian change is needed. Or what harm it would have caused to have left the laws and regulations intact, as the proposal disregards the reality that most children live with both their mothers and fathers. Such an extreme effort to revise federal statutes and regulations displays disdain for two parent families, long the bedrock of American society and most cultures. If the administration is so committed to change, why not expand the definition of family by retaining the current language while adding its desired terminology to broaden what already exists so that all are covered in actual inclusive language?

Sadly, this proposed is consistent with the administration’s tone deaf priorities in both its ideological toxicity and its obvious shortsightedness. But how can a President who appointed a Justice to the Supreme Court who could not define what a woman is be expected to understand and/or appreciate the essential roles of mothers and fathers in families? While developments such as this proposed regulation are certainly disappointing, one cannot say that they are surprising under this administration.


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About Charles J. Russo 29 Articles
Charles J. Russo, M.Div., J.D., Ed.D., Joseph Panzer Chair of Education in the School of Education and Health Sciences (SEHS), Director of SEHS’s Ph.D. Program in Educational Leadership, and Research Professor of Law in the School of Law at the University of Dayton, OH, specializes in issues involving education and the law with a special focus on religious freedom. He is also an Adjunct Professor at Notre Dame University of Australia School of Law, Sydney Campus. He can be reached at crusso1@udayton.edu.

18 Comments

  1. About the meaning of “family”:

    “When I use a word,’ Humpty Dumpty said in rather a scornful tone, ‘it means just what I choose it to mean — neither more nor less.’ ‘The question is,’ said Alice, ‘whether you can make words mean so many different things.’

    ‘The question is,’ said Humpty Dumpty, ‘which is to be master — that’s all.”

    Master Biden, a case of political “master” baiting?

  2. Why not just allow people with children to use their personally-preferred titles? That’s what we do with Mr., Mrs. Miss, Ms. etc. That seems respectful of everyone’s preference. Of course, there are people who refuse to use someone’s preferred titles (often Christians are the ones who refuse), but no matter how many laws we make, we really can’t force people to do something against their personal preference (LGBTQ+ plus people will also make this point by claiming that they “are who they are!”), although we can punish them with fines, being banned from certain venues, not hiring them, etc. And we can make sure that any legal or other printed forms have the option to use ANY preferred titles rather than restricting them to a few options. I just think Christians and others with more conservative outlooks need to choose their battles carefully, and this battle isn’t worth fighting. I personally hate the title “Nana” instead of “Grandma,” but I wouldn’t dream of insisting that others not use “Nana” if that is their preference.

  3. As Christians,Catholic Christians we must make our disapproval of such actions loud and clear, we must also charitably point out that our President Biden is NOT in good standing with the Church. Isn’t it time for the Church to publicly excommunicate him. While a normal person is untitled to privacy, a public person relinquishes this right and is subject to public scrutiny. We must love him but not his actions when they are wrong. But we must acknowledge that he is not all bad, we must also support and publicly applaud him when he does the right things. This black and white, partisan politics is not only childish but dangerous and sinful. The Democratic Party’s policies and people are not all evil nor are the Republican Party’s people and policies all good and moral. We must learn to separate the wheat from the chaff. This requires maturity.

    • I get your point…however the majority of democrat policies is antithetical to our Christian beliefs..look at their party platform..because of that I will never vote democratic….that doesn.t mean I will vote republican even if their party platform is closer to my beleifs…I will leave certain categories on my ballot blank like that of president…that to me shou l d be a catholics moral responsibility…I am reminded of many of my democrat friends who say …I never left the democratic party..it left me…more and more are registering as independents as I myself kf have done

  4. I wish I could state that this surprises me, but that is no longer possible.

    This pathetic old man, who is clearly in cognitive decline is still claiming to be ‘catholic’ is the best the democrats have to offer against Donald Trump?

    Shirley we can do better – on BOTH sides.

    God help us.

  5. This is smoke and mirrors by TPTB. “They” know that they will remain hidden while people seem to think that the primarily culprit of this EVIL is the person in office. He isn’t.

    I like the saying from J.R.R. Tolkien in one of his fictional books. This may not be precise, but it goes along the lines of: “It matters little who the enemy is if we can’t beat off his attack.”

    The problem must be struck at the root. Those who are behind the corruption can be identified. It most likely will be through law enforcement or a lawsuit. However, it is highly likely that both processes are corrupted/corruptible.

    The key to unlock the puzzle is knowledge.

  6. If our perception of legality must now erase the ancient mother and father designation of a family, it admits deletion of a natural, common law apprehension in favor of an unnatural, conceptual form of familial behavior.
    Consequently, it establishes that historically consistent behavior patterns rather than the exceptional appearance and disappearance of fads like homosexuality, the basis of LGBT and its endless numeral designations are not natural human behaviors.

  7. After forcing this ridiculous effort at destroying family values down our throat, I look forward to how politicians can continue to describe their “humble” upbringing. Many of them, in order to whip up sentiment and buy support, lay claim to being raised by “a single mother” because that narrative serves their purpose of portraying men as less than desirable and oppressors. When they run into problem with the fact that being raised by “a single parent” could mean a single woman or man, they will figure out another legislation. Afterall, there is no end to the creative madness.

  8. No, this isn’t trivial.
    “. . . excluding heterosexual married couples, now euphemistically described as’traditional families'”.
    Use of the word “traditional” in this context is anything but casual. “Traditional” is shorthand for old-fashioned, narrow-minded, backward, benighted, not with-it, progress-blocking, I think it was Mollie Gallagher who said way back when that the battle in defence of marriage was lost when they called it “traditional marriage”.

    • It was lost in The Catholic Church when BaptizedCatholics denied the Sanctity of the marital act within The Sacrament of Holy Matrimony and were not informed that they ipso facto had broken communion with Christ and His Church.

  9. Biden has furthered hostility toward Catholics
    What did he do about
    Biden DOJ under fire for prosecuting 75-year-old pro-life activist but taking no action on violent DNC rioters

    Every week more attacks by DOJ on even silent pray-ers and lazy stupid Joe lets it all happen. Sometimes he holds up his Rosary while furthering abortion and publicly distancing himself from the CHurch.

    DO SOMETHING ,BISHOPS !!!!!!!!!!!!

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