26 AGs Take Action Against Biden’s ‘Unlawful Trans Kids’ Lunch Policy

Twenty-six state attorneys general are pushing back against a Biden administration policy that links policies regarding transgender students to funding for school lunches.

On May 5, the Department of Agriculture warned that schools taking federal money to offset the costs of school lunches must have policies in place to ban discrimination based on sexual orientation and gender identity.

But the attorneys general said that is forcing schools to swallow the Biden administration’s ideology while potentially starving children.

“Using hungry children as a human shield in a policy dispute violates basic decency,” Ohio Attorney General Dave Yost said, according to the Washington Times.

“Aren’t there any parents in the Biden administration that can see past the edges of their ideology?” he said.

Yost was among the attorneys general who signed the letter to Biden opposing the new rule.

“[B]y vastly expanding the concept of ‘discrimination on the basis of sex’ to include gender identity and sexual orientation, the Guidance does much more than offer direction. It imposes new—and unlawful—regulatory measures on state agencies and operators receiving federal financial assistance from the USDA,” the letter said.

“And the inevitable result is regulatory chaos that would threaten the effective provision of essential nutritional services to some of our most vulnerable citizens,” the letter said.

The letter said the attempt to force schools to do what the Biden White House wants “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 letter said the USDA “has passed off as a ‘clarification’ what is actually a re-write of the law in Title IX and the Food and Nutrition Act.”

“Far from providing clarification as to Title IX law, the Guidance substantially and substantively expands the law. It broadens the basis for challenging a certification of applicant households and imposes additional burdens on state agencies—including state and local governments—that facilitate various USDA nutritional programs,” the letter said.

In sum, the letter said, “the Guidance flouts the rule of law, relies on patently incorrect legal analysis that is currently under scrutiny in the federal courts, and was issued without giving the States the requisite opportunity to be heard.”


Florida Attorney General Ashley Moody denounced the new guidance.

“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. 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,” she said in a release on her website.

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 the release issued by Moody.

This article appeared originally on The Western Journal.