South Dakota Gov. Kristi Noem is threatening to sue over new Biden administration rules that could withhold school meal funding from states that are deemed to be discriminating against students based on sexual orientation and gender identity.
Ms. Noem’s state is among more than a dozen to ban transgender athletes from girls’ sports, raising questions about whether lunch money will be withheld once the state ban takes effect July 1.
“President Biden is holding lunch money for poor Americans hostage in pursuit of his radical agenda,” said Ms. Noem, a rising star in the GOP and potential 2024 presidential contender.
The U.S. Agriculture Department this month said it would consider discrimination based on sexual orientation and gender identity to be a violation of Title IX, the 1972 law that requires equity between the sexes in education programs that receive federal funding.
The department did not say lunch money would be withheld right away, signaling there is a process to determine compliance.
“Program operators who fail to comply will be in violation of civil rights laws and in breach of the agreements they signed in order to receive federal funds,” the department told The Associated Press. “At that time, USDA will interpret the prohibition through traditional compliance and discrimination complaint mechanisms, which could include up to referring the case to the U.S. Department of Justice.”
Ms. Noem’s office said it would not file suit until the rules are finalized.
• Tom Howell Jr. can be reached at thowell@washingtontimes.com.
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