The Biden administration sued for trying to link school lunch money to a gender identity agenda.

Twenty-two Republican attorneys general filed a lawsuit Tuesday to block the Department of Agriculture’s newly announced guidance designed to fund student lunches to implement the Biden administration’s gender identity agenda.

The attorney general asked a federal court in Tennessee to stop the USDA from withholding food aid from schools “that continue to segregate students by biological sex in reasonable circumstances,” including in sports, locker rooms, showers and restrooms. .

“We all know the Biden administration is out to impose a far-left agenda on Americans across the country,” said Indiana Attorney General Todd Rokita. with Tennessee Attorney General Herbert H. Slattery III.

“But they’ve reached a new level of shamelessness with this ploy to withhold food aid for low-income children unless schools do the bidding of the left,” Mr. Rokita said.

The lawsuit makes two familiar arguments: First, that the Biden administration violated the Administrative Procedure Act by issuing regulations without going through the rulemaking process. And second, that the Supreme Court’s 2020 employment discrimination decision does not apply to Title IX.

The administration has strongly cited Bostock v. Clayton County in trying to include sexual orientation and gender identity in Title IX, which bans sex discrimination in education, even though Justice Neil Gorsuch said in the majority opinion that the decision Limited to Title VII.


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“This case, again, is about a federal agency trying to change the law, which is an exclusive prerogative of Congress,” Mr. Slattery said. “The USDA does not have this authority. We have successfully challenged other attempts by the Biden administration to rewrite the law and we will challenge this one as well.

Last month, a coalition of 26 attorneys general asked President Biden to withdraw the May 5 directive, which said the Food and Nutrition Service would interpret Title IX “to include discrimination based on sexual orientation and gender identity.” to do.”

“Consequently, state and local agencies, program operators and sponsors that receive funds from FNS must investigate allegations of discrimination based on gender identity or sexual orientation.” Guidance said. “These organizations should also update their non-discrimination policies and signage to include prohibitions against discrimination based on gender identity and sexual orientation.”

The policy sparked controversy with several states, including 18 states that have passed laws barring male-born athletes from participating in women’s collegiate sports.

In the lawsuit, the attorney general emphasized that their states “do not deny benefits based on a household member’s sexual orientation or gender identity.”

“But states challenge the illegal and unnecessary new obligations and responsibilities that the memoranda and final rule seek to impose on those ostensibly to eliminate sex-segregated facilities and athletics and to biologically Imposes the use of incorrect preferred pronouns.” said the complaint.

Mr. Rokita’s press release said the USDA’s guidance would “necessarily result in regulatory chaos that would threaten essential food services for some of Indiana’s most vulnerable citizens.”

The National School Lunch Program provides breakfast, lunch, or both to nearly 30 million students each day.

About 100,000 public and nonprofit private schools, as well as residential child care facilities, receive federal funding to provide free or reduced-price meals to eligible school children.

Last week, the U.S. District Court for the Eastern District of Tennessee blocked the Department of Education and the Equal Employment Opportunity Commission from implementing its new sexual orientation and gender identity mandate.

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