GOP attorneys general sue Biden admin over plan to tie food assistance to school transgender policy

Twenty-two Republican attorneys general have sued the Biden administration over a plan to withhold food assistance funding from schools unless they comply with the administration's guidance on a range of LGBT issues.

Earlier this year, the White House issued guidance to public schools, insisting that both Title IX and the Food and Nutrition Act prohibit discrimination on the basis of sexual orientation or gender identity.

The suit argues that the guidance jeopardizes Title IX and Supplemental Nutrition Assistance Program (SNAP) funding for states that have issued conflicting guidance on the matter.

Indiana Attorney General Todd Rokita, who is co-leading the effort with Tennessee Attorney General Herbert H. Slatery III, on Tuesday denounced the administration for withholding funds intended for low-income children over social issues.

“We all know the Biden administration is dead-set on imposing an extreme left-wing agenda on Americans nationwide,” he said in a 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.”

The suit argues that the administration failed to consult with the states prior to implementing the policy and that the administration is improperly interpreting a Supreme Court precedent that expanded legal protections for LGBT individuals.

In mid-July, another team of Republican attorneys general scored an injunction against federal guidance on transgender issues using similar reasoning. Judge Charles Atchley Jr., of the Eastern Tennessee District Court, in that ruling highlighted that "the Supreme Court explicitly refused to decide whether 'sex-segregated bathrooms, locker rooms, and dress codes' violate Title VII."