Is President Joe Biden really willing to starve children in Republican states to promote his LGBTQI+ and transgender policies? The attorney generals from 26 states say it will not happen if they have anything to say about it.
In a maneuver like something out of Charles Dickens’ novel “Oliver” the U.S. Food and Drug Administration took aim at school meals and food stamps.
“USDA is committed to administering all its programs with equity and fairness, and serving those in need with the highest dignity,” said Secretary of Agriculture Tom Vilsack in a statement. Secretary Vilsack added that a key step in advancing these principles is rooting out discrimination based on sexual orientation and gender identity.
Vilsack cited a January 2021 Executive Order from President Biden on “Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.”
The attorney generals of 26 states have banded together in shocked outrage at the perceived cruelty of targeting a program that provides breakfast and lunch to almost 30 million students.
“Using hungry children to advance a political agenda is appalling, but not surprising given the way this administration has thumbed its nose at federal law and convention,” declared Florida Attorney General Ashley Moody. “We will not allow Joe Biden to threaten the health and wellbeing of Florida students.”
“I am proud to join a majority of states in demanding Biden stop using our children to force his will on schools.”
The USDA secretary announced his agency will now interpret the prohibition on discrimination based on sex found in Title IX of the Education Amendments of 1972 to include discrimination based on sexual orientation and gender identity. Failure to follow Title IX regulations typically results in schools and colleges losing their federal funding.
Tennessee Attorney General Herbert Slatery III was the lead author on a letter addressed to the president from the chief law enforcement officer in 26 states. They claim in their letter that the USDA’s newly announced policy goes beyond giving direction to states.
“It imposes new—and unlawful—regulatory measures on state agencies and operators receiving federal financial assistance from the USDA,” the AGs argue. “First, the Guidance is unlawful because it was issued without providing the States and other stakeholders the opportunity for input as required by the Administrative Procedures Act.”
The state top cops claimed the feds based their illegal policy on an “obvious misreading and misapplication of the Supreme Court’s holding in Bostock v. Clayton County.”
The APA is what the Supreme Court cited as the basis for overturning former President Donald Trump’s executive order to end DACA. The justices said he had the right to end an executive order from his predecessor but he didn’t follow the proper procedure so he would have to try again.
Republican AGs apparently learned a valuable lesson from the constant Democratic litigation of Trump policies and are taking pages out of their playbook.
Bostock v. Clayton County was a case decided in 2020 but, as the AGs note, that case applied to Title VII.
“And since ‘Title VII differs from Title IX in important respects’, it does not follow that principles announced in the Title VII context automatically apply in the Title IX context,” the AGs argue.
The letter was signed by the attorneys general of Alabama, Alaska, Arkansas, Arizona, Florida Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming, according to a Western Journal report.
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