The new federal nutritional assistance guidance that is aimed at “sex discrimination” is the target of a lawsuit that was filed by the attorney general of Alabama, Steve Marshall, against the administration of former Vice President Joe Biden.
On Tuesday, Marshall and the state of Alabama filed a lawsuit in the United States District Court for the Eastern District of Tennessee.
They were joined in the filing of the lawsuit by the states of Alaska, Arizona, Arkansas, Georgia, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and West Virginia.
The problem at hand is with the recent updates that the United States Department of Agriculture (USDA) has made to its guidance about the Food and Nutrition Act and Title IX.
According to a press release issued by the United States Department of Agriculture (USDA) on May 5, it was announced that the agency, along with the Food and Nutrition Service (FNS), would now include “sexual orientation and gender identity” in their interpretations of the prohibition and discrimination based on sex found in Title IX and the Act’s Supplemental Nutritional Assistance Program (SNAP).
According to Attorney General Marshall, “Joe Biden and his administration are obsessed with imposing their extremist sexual politics on the people of our great nation, adults and children alike.”
“Their most recent scheme involves threatening to withhold the food that is provided to students in schools unless those schools comply with the radical ‘gender identity’ agenda being pushed by the left. This immoral and unlawful plan can’t succeed.
Marshall also took aim at the administration of Vice President Joe Biden for the escalating rates of inflation and food prices, in addition to the “looming recession.”
According to the press release and the documents filed in the lawsuit, the attorney’s general for the states argues that the guidance provided by the USDA is unlawful and that it was issued without giving the states the opportunity for input.
They justify this decision by citing the prerequisites outlined in the Administrative Procedures Act.
According to the press release, another argument is that the guidance that the USDA issued was based on an “obvious misreading and misapplication” of the decision that the United States Supreme Court made in the case of Bostock v. Clayton County.
The conclusion of that ruling in 2020 was that Title VII makes it illegal for an employer to discriminate against a person based on their sexual orientation.
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The office of the Alabama attorney general mentioned that “The National School Lunch Program services nearly 30 million schoolchildren each day, many of whom rely on it for breakfast, lunch, or both.”
The United States Department of Agriculture (USDA) provides funding to approximately 100,000 public schools, nonprofit private schools, and residential childcare institutions so that they can offer subsidized free or reduced-price meals to children who meet the eligibility requirements.
According to Marshall’s team, the new guidance “imposes new and unlawful regulatory measures on state agencies and operators receiving federal financial assistance from the USDA,” which in turn “threatens essential nutritional services for Alabama’s most vulnerable children.”
