Biden admin ties funds for school lunches to compliance with transgender mandates



President Joe Biden's administration has moved forward with a new interpretation of Title IX anti-discrimination laws that could potentially strip federal funding for school lunches from schools that do not let transgender students use their preferred bathrooms or play on preferred sports teams.

The U.S. Department of Agriculture announced last month it will interpret federal anti-discrimination law "to include discrimination based on sexual orientation and gender identity." Its decision is based on an executive order Biden signed after assuming office in January 2021, as well as the Supreme Court's decision in Bostock v. Clayton County, which found that Title VII protections against sex discrimination extend to discrimination based on sexual orientation and gender identity.

“As a result, state and local agencies, program operators and sponsors that receive funds from FNS must investigate allegations of discrimination based on gender identity or sexual orientation,” the USDA said in a May 5 statement, first reported by the Center Square. “Those organizations must also update their non-discrimination policies and signage to include prohibitions against discrimination based on gender identity and sexual orientation.”

What this means is that any recipients of the USDA's Food and Nutrition Services child nutrition programs, including the National School Lunch Program, could lose federal funding if they do not comply with Biden's new interpretation of Title IX.

If, for instance, a school does not permit a boy who identifies as a girl to use the girls' restrooms or locker rooms, the school may lose access to the lunch program as a consequence. The same goes for school sports teams. This would be in line with the stated intention of the White House.

"Children should be able to learn without worrying about whether they will be denied access to the restroom, the locker room, or school sports," the president's Jan. 20, 2021executive order reads.

The federal government is already receiving pushback from Republican governors. In a statement on Thursday, South Dakota Gov. Kristi Noem accused Biden of holding school lunch money "hostage" and vowed to take legal action.

“President Biden is holding lunch money for poor Americans hostage in pursuit of his radical agenda. He is insisting that we allow biological males to compete in girls’ sports or else lose funding for SNAP and school lunch programs,” Noem said. “South Dakota will continue to defend basic fairness so that our girls can compete and achieve. I would remind President Biden that we have defeated him in litigation before and are ready to do so again. Mr. President, we’ll see you in court.”

\u201cJoe Biden has threatened to take away children\u2019s school lunch money to pursue his radical agenda.\n\nHe\u2019s targeting states like ours that make it clear biological men do NOT belong in girls\u2019 bathrooms and sports.\n\nIf you act on this, Joe, we\u2019ll see you in court and we will win.\u201d
— Kristi Noem (@Kristi Noem) 1654126557

Noem and other conservative governors have championed so-called Fairness in Womens Sports legislation, which prohibits gender-dysphoric males from competing in women's sports leagues.

The Biden administration maintains that LGBT people need protections from discrimination to ensure that all Americans have an equal and equitable access to government assistance.

“USDA is committed to administering all its programs with equity and fairness, and serving those in need with the highest dignity. A key step in advancing these principles is rooting out discrimination in any form – including discrimination based on sexual orientation and gender identity,” Secretary of Agriculture Tom Vilsack said in a May 5 statement. “At the same time, we must recognize the vulnerability of the LGBTQI+ communities and provide them with an avenue to grieve any discrimination they face. We hope that by standing firm against these inequities we will help bring about much-needed change.”

The Department of Education is expected to release its own regulatory proposal on Title IX sometime in June. Politico reported that Education Secretary Miguel Cardona will unveil new discrimination protections for transgender students as well as new rules for how schools must respond to sexual misconduct complaints. The Biden administration is also expected to reverse due process protections for those accused of sexual harassment enacted by the Trump administration.

Oklahoma Governor Signs ‘Save Women’s Sports Act’ Banning Transgender Athletes

'Deserve a fair competition'

Indiana GOP governor vetoes bill seeking to ban biological males from competing in women's sports



Indiana Republican Gov. Eric Holcomb this week vetoed a bill that sought to prevent biological males from competing in women's interscholastic sports, calling the legislation too broad and claiming there is currently no need for such a policy in Indiana.

Holcomb's veto comes as at least 11 other Republican states across the country have passed bills to guard competitive fairness against the designs of the transgender movement. In recent years, it has become more common for schools and other institutions to allow biological males presenting as transgender females to compete in women's sports.

Often, the athletes go on to easily defeat the female competition given their physical advantage. Just this past week, University of Pennsylvania swimmer Lia Thomas garnered national headlines and ignited controversy after becoming the first transgender athlete to win an NCAA women's swimming title.

But in a letter to state lawmakers on Monday, Holcomb argued that such a problem doesn't currently exist in his state, and so the bill, known as HEA 1041, is not necessary.

"The presumption of the policy laid out in HEA 1041 is that there is an existing problem in K-12 sports in Indiana that requires further state government intervention," the governor wrote.

"It implies that the goals of consistency and fairness in competitive female sports are not currently being met," he continued, adding, "After thorough review, I find no evidence to support either claim even if I support the overall goal."

Holcomb also raised concerns that the bill sent to his desk was too broad and consequently would lead to confusion in school districts and result in legal challenges upon passage.

"If it is the goal of HEA 1041 to provide clarity and one consistent state policy regarding the fairness in K-12 sports in Indiana, for me this current bill falls short," Holcomb wrote. "The wide-open nature of the grievance provisions in HEA 1041 that apply to all K-12 schools in Indiana makes it unclear about how consistency and fairness will be maintained for parents and students across different counties and school districts."

While the bill's message is clear, it intentionally leaves vague the processes by which grievances are filed and subsequently resolved.

The bill states that "a male, based on a student's biological sex at birth in accordance with the student's genetics and reproductive biology, may not participate on an athletic team or sport designated under this section as being a female, women's, or girls' athletic team or sport."

From there, any student or parent can submit a grievance and every schooling institution in the state is required to establish and maintain a resolution procedure.

It wasn't immediately clear whether Holcomb, who has often embraced conservative policies, would consider signing a tweaked or narrower version of the bill. But in his letter, the governor did call the aim to protect fairness in women's sports "a worthy cause for sure."

On the same day that he vetoed HEA 1041, Holcomb signed a bill that allowed for permitless carry of handguns in his state.

South Dakota 'Fairness in Women's Sports' bill becomes law in Gov. Noem's first act of new year



South Dakota Republican Gov. Kristi Noem on Thursday signed the "Fairness in Women's Sports" bill into law, enacting what social conservatives have called the "strongest" protections for women's sports in the nation. The new law prohibits any student at a state school from joining a sports team that does not match his or her biological sex.

After signing the bill, Noem said the law was needed to protect "fairness" in athletic competition.

“This is about fairness. Every young woman deserves an equal playing field where she can achieve success, but common sense tells us that males have an unfair physical advantage over females in athletic competition. It is for those reasons that only girls should be competing in girls’ sports,” the governor said in a statement. “Women have fought long and hard for equal athletic opportunities, and South Dakota will defend them, but we have to do it in a smart way.”

The law states that "only female athletes, based on their biological sex, shall participate in any team, sport, or athletic event designated as being for females, women, or girls." It also defines "biological sex" as "the sex listed on the student's official birth certificate issued at or near the time of the athlete’s birth."

Individual athletes may file private lawsuits against any school or institutions that do not comply with the new statutory requirements. The law also instructs the state attorney general to "provide legal representation at no cost to that entity or individual" who files a lawsuit against schools for noncompliance.

"This is a statute in the state of South Dakota that will ensure that girls sports [are] protected," Noem told reporters.

A previous version of this law was opposed by the governor for containing provisions she said were "unrealistic in the context of collegiate sports." The governor issued a "style and form" revision of the legislation last March, sending it back to the legislature with changes. Republican lawmakers rejected Noem's changes and she ultimately vetoed that bill, provoking harsh rebuke from social conservative groups.

But the bill the bill that became law this week was strongly praised by those same groups, who applauded Noem for fighting for this law.

“Gov. Noem and South Dakota legislators deserve a great deal of credit for passing this strong legislation, despite some hiccups last year. We thank them for standing up for equal opportunities for their state’s women and girl athletes, and we urge lawmakers in states without such protections to get to work on passing them immediately,” American Principles Project president Terry Schilling said.

Alliance Defending Freedom legal counsel Christiana Holcomb said, “Girls deserve equal opportunities to experience the thrill of victory. We welcome South Dakota to the growing number of states that are ensuring their female athletes won’t be spectators in their own sports. When schools and society ignore biological differences between the sexes, it’s girls and women who pay the price. In athletics, girls are losing medals, podium spots, public recognition, and opportunities to compete."

"We commend the legislature and governor for supporting this important legislation, which ensures that female athletes from kindergarten to college will not face those losses in South Dakota,” Holcomb added.

Left-wing groups condemned the new law.

"This cruel and dangerous bill is part of a coordinated attack on trans youth moving nationwide," the American Civil Liberties Union tweeted.

Susan Williams, executive director of the Transformation Project, told the Argus Leader that Thursday was a dark day for transgender youth in South Dakota.

"Today, we are devastated that one of these bills is being signed into law," she said. "We know trans youth across this state and country are hurting at this news. We want every trans person watching to know that we are with you, we see you, and we are here for you."