Chevron Deference, Prospective Gay Parents, and the Need for a Centralized Child Welfare System

Authors

Mantas Grigorovicius, Purdue UniversityFollow

Abstract

For over four decades, Chevron deference allowed federal agencies to exercise considerable discretion in interpreting laws, enabling them to implement broad regulatory agendas. This deference was pivotal for administrative agencies, such as the U.S. Department of Health and Human Services (HHS), in shaping public policy. However, in 2024, the U.S. Supreme Court decided to overturn this precedent, shifting power from agencies to courts and potentially reshaping the regulatory landscape. This Article examines the implications of this change within the context of child welfare, focusing on HHS’s role in foster care. As states often rely on taxpayer-funded private child-placing agencies to find homes for children in foster care, some agencies impose restrictive requirements based on their own religious beliefs, including refusing to place children with otherwise qualified gay persons. This practice, while legally protected in some states under “sincerely held religious beliefs” legislation, results in children remaining in the system longer and potentially missing out on better homes. The Article explores how these religious-based exclusions are subsidized by taxpayer dollars and the broader costs to the child welfare system, including delayed placements and children aging out of care. With Chevron overturned, the Article considers future regulatory responses and advocates for structural reforms that prioritize the welfare of children over the beliefs of adults, calling for a shift in focus to the primary goal of the child welfare system—finding stable, loving homes for children in need.

Recommended Citation

Mantas Grigorovicius, Chevron Deference, Prospective Gay Parents, and the Need for a Centralized Child Welfare System, 32 Wash. & Lee J. Civ. Rts. & Soc. Just. 145 (2026).
Available at: https://scholarlycommons.law.wlu.edu/crsj/vol32/iss1/5