The challenge, led by Tennessee Attorney General Herbert Slater, claims the federal government is trying to force states and schools to follow anti-discrimination requirements that “misconstrue the law.” A USDA spokesman did not immediately return a request for comment. In May, the USDA announced it would include discrimination based on sexual orientation and gender identity as a violation of Title IX, the sweeping 1972 law that guarantees gender equality in “any educational program or activity receiving federal financial assistance.” The directive requires states to review allegations of discrimination based on gender identity and sexual orientation, and to update their policies and signs. The agency warned that states and schools that receive federal funds, which include the national school lunch program overseen by the USDA, have agreed to follow civil rights laws. Although the agency says it wants voluntary compliance, it has also promised to refer violations to the Justice Department. It is unclear whether the federal government will withhold funding for school meal programs as part of its enforcement, as Paxton characterized the directive in a tweet. “Food aid for children in need should not be used as a chip in a political game,” he said. “Biden’s Threats to Cut Children’s Lunch Money Are Cruel and Cruel.” I have filed my 30th plaintiff’s lawsuit against the Biden administration because food assistance for needy children should not be used as a chip in a political game. Biden’s threats to take away children’s lunch money are harsh and harsh. https://t.co/cvWknvC3Pj — Attorney General Ken Paxton (@KenPaxtonTX) July 27, 2022 The USDA directive followed a landmark civil rights decision by the US Supreme Court in 2020, which, under a provision called Title VII, protects gay, lesbian and transgender people from discrimination in the workplace. According to the lawsuit, the attorneys general claim that the USDA’s new directive is based on a “misreading” of the Supreme Court decision and did not provide states and other groups with an opportunity to provide public comment. “This case, once again, involves a federal agency trying to change the law, which is the exclusive prerogative of Congress,” Slattery said in a statement. “The USDA simply does not have that authority. We have successfully challenged the Biden administration’s other efforts to rewrite the law, and we will challenge this one as well.” The attorneys general involved in the lawsuit filed Tuesday are from Alabama, Alaska, Arizona, Arkansas, Georgia, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee and Texas, Utah, Virginia and West Virginia. The coalition of attorneys general is hoping for a similar outcome to a separate challenge from earlier this month, when a Tennessee judge temporarily barred two federal agencies from enforcing directives issued by the Biden administration that expanded LGBTQ protections in schools and workplaces. The judge sided with the attorneys general, ruling that the guidelines infringe on states’ right to make laws, such as banning participation in sports based on gender identity or requiring schools and businesses to provide bathrooms and showers to accommodate transgender people. Paxton also sued over the 2021 guidance and targeted LGBTQ rights throughout his tenure as attorney general. This year, it issued guidelines that gender-affirming care for transgender children is considered child abuse, leading to investigations of parents. The Texas Supreme Court ruled in May that Paxton and Gov. Greg Abbott had no authority to order the Texas Department of Family and Protective Services to take over the investigations.
