Over 20 states have taken issue with the Biden administration’s redefining of Title IX, suing the USDA for refusing to provide school lunches.

From Christian Post. On May 5, the USDA’s Food and Nutrition Service announced its intention to interpret “the prohibition on discrimination based on sex found in Title IX of the Education Amendments of 1972” to include “discrimination based on sexual orientation and gender identity….”

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As a result of the USDA’s interpretation of Title IX, “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” and “update their non-discrimination policies and signage to include prohibitions against discrimination based on gender identity and sexual orientation.”

The FNS administers the National School Lunch Program, which provides low-cost and free lunches to 29.6 million children at nearly 100,000 public and nonprofit private schools in the fiscal year 2019.

On Tuesday, Tennessee’s Republican Attorney General Herbert Slatery joined 21 other Republican attorneys general in filing a lawsuit against the USDA and its top officials in the U.S. District Court for the Eastern District of Tennessee Knoxville Division….

The states contend that USDA’s interpretation of Title IX would cause the plaintiff states to lose federal funding for the National School Lunch Program and the Supplemental Nutrition Assistance (SNAP) Program….

The lawsuit listed plaintiff states’ “laws or policies that at least arguably conflict with” the USDA’s final rule.

Tennessee state law asserts that “[a] student’s gender for purposes of participation in a public middle school or high school interscholastic athletic activity or event must be determined by the student’s sex at the time of the student’s birth.” The state law also provides a right of action against schools that permit “a member of the opposite sex to enter [a] multi-occupancy restroom or changing facility while other persons [are] present.”

The complaint urged a federal judge to issue “a declaratory judgment holding unlawful the Department’s Memoranda and Final Rule” and a “declaratory judgment holding that Plaintiffs are not bound by the Department’s Memoranda and Final Rule.”

The complaint also sought a declaration that the department did not have the authority to penalize and withhold federal funds from Title IX and Food and Nutrition Act recipients that “continue to separate students by biological sex in appropriate circumstances.”

The plaintiff states requested similar declarations preventing retaliation against Title IX and Food and Nutrition Act recipients that “maintain showers, locker rooms, bathrooms, residential facilities, and other living facilities separated by biological sex or regulate each individual’s access to those facilities based on the individual’s biological sex.”

The states also want the court to prohibit retaliation against schools that “do not require employees or students to use a transgender individual’s preferred pronouns,” “maintain athletic teams separated by biological sex or” assign individuals to teams based on biological sex….

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(Excerpt from Christian Post. Photo Credit: Elyssa Fahndrich on Unsplash)