KNOXVILLE, Tenn. (WATE) — Tennessee’s Attorney General is suing the Biden Administration over the threat to pull school nutrition funding if states do not recognize federal policy on gender identity and sexual orientation.
The White House told states earlier this year it was tying anti-discrimination rules to USDA funding for schools.
AG Herb Slatery has filed suit along with 21 other states over the Biden Administration’s interpretation of those rules.
In the complaint, the multi-state coalition challenges new regulations issued by the USDA that attempt “to force states and schools to adopt a new and unlawful application of the Supreme Court’s decision in Bostock v. Clayton County as it applies to anti-discrimination requirements.”
Slatery claims the changes were made without giving the states the opportunity for input as required by the Administrative Procedures Act.
On June 14, a group of 26 attorneys general sent a letter to President Biden calling on him to withdraw the USDA’s guidance. Read the full letter here.
“This case is, yet again, about a federal agency trying to change law, which is Congress’ exclusive prerogative,” Slatery said. “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.”
To read the complaint, click here.
Tennessee and other states have also sued over a similar requirement from the Department of Education which aimed to keep states from allowing transgender youth on girls’ sports teams.
The policy has been put on hold by a federal judge.