Jefferson City, Mo. – The attorney generals of 22 states, including Missouri and Arkansas, have filed a lawsuit against the USDA and the Biden Administration over new guidance on sex discrimination for schools and programs that receive federal nutritional assistance.
On May 5, 2022, the USDA’s Food and Nutrition Services issued guidance announcing that discrimination on the basis of sex in Title IX and the Food and Nutrition Act includes discrimination on the bases of sexual orientation and gender identity and that non-compliance could result in withdrawal of federal funds.
According to the USDA’s website, this action is in line with President Biden’s Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation, and is consistent with the Supreme Court’s decision in Bostock v. Clayton County, in which the Court held that the prohibition on sex discrimination under Title VII of the Civil Rights Act of 1964 extends to discrimination based on sexual orientation and gender identity.
“The Biden Administration is attempting to hold Missouri children’s lunch money hostage in order to further its woke agenda,” said Missouri Attorney General Eric Schmitt.
Arkansas Attorney General Leslie Rutledge stated “It is unbelievable that President Biden would punish children in order to spread his radical gender ideology.”
Should the lawsuit be found in the states favor, it would allow schools to continue to receive USDA funding while being able to discriminate against children on gender identity and sexual orientation.
Joining Missouri and Arkansas in the lawsuit are Alaska, Alabama, Arizona, Georgia, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and West Virginia.