In the case of State v. United States Department of Agriculture, twenty-two state Attorney Generals (“Plaintiffs”) filed suit against the Biden Administration (“Administration”) for the policy updates to the United States Department of Agriculture on discrimination claims on the basis of gender identity or sexual orientation (“USDA Guidance”).
In their lawsuit, Plaintiffs assert that the USDA Guidance expands the meaning of sex discrimination to include gender identity and sexual orientation, and in turn unlawfully imposes requirements and directives on states, “forcing [states] to adopt the [USDA]’s flawed understanding of what constitutes sex discrimination under Title IX.” Failure to follow the mandated policies would result in loss or withholding of nutrition assistance for schools in states that refuse to adopt the USDA Guidance.
The lawsuit follows a letter dated June 14, 2022, authored by twenty-six Attorney Generals to the Administration notifying the Administration of the unlawful action and the implications of imposing “obligations that apparently stretch as far as ending sex-separated living facilities and athletics and mandating the use of biologically inaccurate preferred pronouns.” State v. United States Department of Agriculture, 5 at ¶ 12.
Plaintiffs are requesting relief by demanding declaratory judgment and injunctive relief against enforcement of the USDA Guidance.
To read the Attorney General News Release, click here.
To read the Complaint, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.