22 States Sue Over ‘Gender Identity’ Rule Controlling $29 Billion For Poor Kids’ Meals

Twenty-two states are suing President Joe Biden’s administration for threatening to zap school-meal program funding unless the states comply with new rules surrounding gender identity and sexual orientation in schools.

The lawsuit represents the latest volley fired in the ongoing battles between state officials and Biden, who they accuse of usurping their authority through his executive orders.

The states complain that a federal nondiscrimination rule, set to take effect Aug. 15, seeks to impose “obligations that apparently stretch as far as ending sex-separated living facilities and athletics and mandating the use of biologically inaccurate preferred pronouns,” said the lawsuit, filed in U.S. District Court, Tennessee, on July 26.

“The Biden administration’s sweeping rhetoric treats normal practices, such as sex-separated bathrooms and athletics, as ‘discriminatory’ even though DOJ and the Department of Education treated those as legal, nondiscriminatory practices as recently as last year,” the suit says.

A fact sheet about the proposed policy cited examples of discriminatory acts, as interpreted by bureaucrats, under the new rule: “Preventing a transgender high school girl [a biological male] from using the girls’ restroom” and “preventing a transgender high school girl [a biological male] from “try[ing] out for the girls’ cheerleading team,” the lawsuit says.

Indiana attorney general Todd Rokita. (Courtesy of Todd Rokita’s website)

The Tennessee and Indiana attorneys general are heading the coalition of states alleging that Biden and the Department of Agriculture, which oversees the meal program, “issued directives and rules that misconstrue the law and impose unlawful requirements,” the lawsuit says.

The Supplemental Nutrition Assistance Program (SNAP) provided $2.6 billion to Tennessee last year; in sum, the 22 states received almost $29 billion through the program for low-income schoolchildren, working families, the elderly, and people with disabilities.

Indiana attorney general Todd Rokita railed against the “extreme left-wing agenda” that he

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