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In article <t1tjqp$38qj6$57@news.freedyn.de>
<governor.swill@gmail.com> wrote:

...Democrats don't know the difference between a man and a woman.

Twenty-two states sued the Biden administration for requiring
states participating in the federal school lunch program to
include gender identity and sexual orientation as protected
under the definition of "sex" in Title IX .

The lawsuit, filed Tuesday in the U.S. District Court for the
Eastern District of Tennessee, alleges the Department of
Agriculture, which oversees the Supplemental Nutrition
Assistance Program, which includes the National School Lunch
Program, violated the Administrative Procedure Act when it
issued a May 5 memorandum. The 22 states argue the school lunch
decision also misinterpreted the 2020 Supreme Court case Bostock
v. Clayton County, which expanded the definition of sex in
employment law to include gender identity and sexual orientation.

FOOD FIGHT: SCHOOL LUNCH FUNDING ROW PITS BIDEN AGAINST STATES

The directive by the Agriculture Department required school
districts and states that wished to receive funds allocated for
the National School Lunch Program to interpret Title IX, which
prohibits discrimination on the basis of sex in educational
settings, to include gender identity and sexual orientation
under the term "sex," as was done by the Supreme Court in the
Bostock decision.

The lawsuit says the department, in issuing the memorandum, as
well as subsequently finalizing a similar regulation from the
end of the Obama administration that was never enacted, failed
to follow APA requirements that agencies publish a notice of
rule-making and then provide for a period of public comment when
making a regulatory change. It also claims that the department's
policies are "arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law" and "are premised on a
misreading and unwarranted extension of Bostock."

"This case is, yet again, about a federal agency trying to
change law, which is Congress' exclusive prerogative," Tennessee
Attorney General Herbert Slatery said in a press release
announcing the lawsuit. "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."

Jonathan Butcher, an education fellow at the Heritage
Foundation, told the Washington Examiner last month that the
change in the department's policy immediately created a conflict
with numerous state laws that require student athletes to
compete based on their biological sex, a fact that was noted in
the lawsuit.

"Enforcement of the USDA's memoranda ... could cause plaintiff
states to lose significant federal funds from the USDA," the
lawsuit says.

Without funding from the USDA, students in the affected states
would no longer be eligible for meals under the program, which
almost exclusively serves low-income students.

"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 in a press release. "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."

Almost 30 million students are currently eligible for meals
under the program, which served 1.3 billion lunches in the 2021
fiscal year.

https://www.washingtonexaminer.com/restoring-america/faith- freedom-self-reliance/states-sue-biden-over-transgender-rule- school-lunch-program

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