Attorney General Jason Miyares joined 22 attorneys general in a lawsuit filed today against the Biden Administration’s new regulatory 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 to Virginia and other States 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. By doing so, they are forcing unlawful regulatory measures onto schools and holding hostage funding for school lunches.
The National School Lunch Program serves nearly 30 million school children each day, many who rely on it for breakfast, lunch, or both. Approximately 100,000 public and non-profit private schools and residential childcare institutions receive federal funding to provide subsidized free or reduced-price meals for qualifying children.
In the lawsuit, the attorneys general argue the USDA’s Guidance is unlawful because:
- It was issued without providing the State and other stakeholders the opportunity for input as required by the Administrative Procedures Act (APA).
- The USDA premised its Guidance on an obvious misreading and misapplication of the Supreme Court’s holding in Bostock v. Clayton County.
- The Guidance imposes new and unlawful regulatory measures on state agencies and operators receiving federal financial assistance from the USDA. This will inevitably result in regulatory chaos that threatens essential nutritional services to some of the most vulnerable citizens.
To read the complaint, click here.