JACKSON, Miss. (WJTV) – Mississippi Attorney General Lynn Fitch and 21 attorneys general filed a lawsuit on Tuesday challenging the Biden Administration’s new guidance on sex discrimination for schools and programs that receive federal nutrition assistance.

The lawsuit was filed in the Eastern District of Tennessee. 

“Children and families in need rely on these programs for sustenance,” said Fitch. “This is not the place or time for President Biden to be playing politics and pushing an agenda far out-of-step with the American people.”

On May 5, 2022, the U.S. Department of Agriculture’s (USDA) Food and Nutrition Services issued guidance to states applying the administration’s novel reading of discrimination on the basis of sex discrimination into the Food and Nutrition Act. 

According to Fitch, the Biden Administration sought to apply the Supreme Court’s holding in Bostock v. Clayton County expansively to include discrimination on the bases of sexual orientation and gender identity to a wide variety of government programs.

Fitch said the USDA guidance at issue puts Mississippi’s Title IX and SNAP school lunch funding at risk.

On June 14th, Fitch and 26 attorneys general called on President Joe Biden to withdraw the USDA’s guidance.