- The Washington Times - Tuesday, June 6, 2023

A Southern California church and its preschool have asked a U.S. District Court to block a cutoff of funds from a federal food aid program in a dispute over the Biden administration’s gender rules, which they say violate their religious beliefs.

Attorneys for the Church of Compassion and the Dayspring Christian Learning Center in El Cajon say officials at the California Department of Social Services and the U.S. Department of Agriculture removed the school from participation in the Child and Adult Food Care Program. The federal program provides $3,500 to $4,500 a month to help feed impoverished students attending the school’s preschool and day care programs.

The Biden administration’s interpretation of the word “sex” in Title IX, the federal ban on discrimination in education, includes sexual orientation and gender identity. Officials cut off food aid funding to the school and the church, which do not adhere to the administration’s interpretation.

Attorneys at Alliance Defending Freedom, which is representing the plaintiffs, said the school had received funding “for nearly 20 years” without any trouble.

The lawsuit claims that the Biden administration’s rules violate the First Amendment, the Religious Freedom Restoration Act and the Administrative Procedure Act.

Attorneys asked the court to issue a preliminary injunction against the state and federal agencies and reinstate their clients’ food program agreement.

In an amended complaint filed Friday in U.S. District Court in San Diego, the plaintiffs allege the new rules would require them to violate hiring policies as well as their beliefs. The church and the school say they serve “several LGBTQ+ families who understand and appreciate the religious instruction” the preschool provides and haven’t asked the church to change its beliefs.

“But while the Church and Preschool serve all families, they will not teach or promote all messages,” the amended complaint states. They say that failure to comply with the new Title IX rules would cost them “the right to receive generally available public funds to feed needy children” in the El Cajon community.

“The government is withholding food from families in need simply because their children attend a Christian preschool,” ADF senior counsel Jeremiah Galus said in a statement. “Ironically, in the name of combatting discrimination, government officials have excluded the church and preschool from serving the El Cajon community based solely on their religious beliefs and exercise. This is antithetical to the First Amendment’s promise of religious freedom and only hurts needy families and children.”

A spokesperson for the California Department of Social Services said via email: “We do not comment on matters subject to pending litigation.”

The Washington Times has contacted the USDA seeking comment.

There is precedent supporting the Christian school’s claims. In 2022, Grant Park Christian Academy won a waiver from the Title IX requirements after suing the USDA and Florida’s agriculture secretary. A court filing confirmed that the private Florida school would continue to receive federal funding under the National School Lunch Program.

• Mark A. Kellner can be reached at mkellner@washingtontimes.com.

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