Biden Admin Sued for Holding School Lunch Money Hostage Over Transgender Policies

AP Photo/Carolyn Kaster, File

In May, the Biden administration announced that any school that participates in the federal school lunch program (which is run by the U.S. Department of Agriculture’s Food and Nutrition Service) must allow students to use bathrooms, locker rooms, and showers and play on the sports teams aligning with their gender identity if they want access to funds for the program — effectively holding money meant for ensuring student nutrition in exchange for compliance on radical leftist gender ideology.


Now, twenty-two Republican attorneys general are fighting back by suing the U.S. Department of Agriculture over that new guidance.

“We all know the Biden administration is dead-set on imposing an extreme left-wing agenda on Americans nationwide,” Indiana Attorney General Todd Rokita said. “But they’ve reached a new level of shamelessness with this ploy of holding up food assistance for low-income kids unless schools do the Left’s bidding.”

According to the Washington Times, nearly 30 million students take advantage of the National School Lunch Program at about 100,000 public and non-profit private schools and residential childcare institutions. The Biden administration policy was seen as a direct assault on the 18 states with existing laws barring male athletes from participating in female sports.

The lawsuit argues that the Biden administration (again) violated the Administrative Procedures Act by issuing regulations without going through the rulemaking process and that Bostock v. Clayton, the 2020 Supreme Court’s 2020 decision on employment discrimination, doesn’t apply to Title IX as the Biden administration claimed when they announced the guidance.

“This case is, yet again, about a federal agency trying to change law, which is Congress’ exclusive prerogative,” Tennessee Attorney General Herbert H. Slatery III said. “The USDA simply does not have that authority. We have successfully challenged the Biden Administration’s other attempts to rewrite law and we will challenge this as well.”


The attorneys general make clear in their complaint that their states “do not deny benefits based on a household member’s sexual orientation or gender identity” but that their states “do challenge the unlawful and unnecessary new obligations and liabilities that the Memoranda and Final Rule attempt to impose obligations that apparently stretch as far as ending sex-separated living facilities and athletics and mandating the use of biologically inaccurate preferred pronouns.”


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