The Biden administration announced in May that K-12 schools must allow boys into girls' bathrooms in order to qualify for federal funds used to pay for school lunches.
The move, which was made by the U.S. Department of Agriculture’s (USDA) Food and Nutrition Service, was made based on the interpretation of the prohibition on discrimination based on sex, as detailed in Title IX of the Education Amendments of 1972, as well as the Food and Nutrition Act of 2008.
As detailed by the USDA, the action is “in line with President Biden’s Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation, and is consistent with the Supreme Court’s decision in Bostock v. Clayton County, in which the Court held that the prohibition on sex discrimination under Title VII of the Civil Rights Act of 1964 extends to discrimination based on sexual orientation and gender identity.”
In other words, unless schools allow transgender-identifying students to enter the bathrooms of their choosing, schools will be cut off entirely from federal funds and be unable to pay for food served in the cafeteria.
Speaking to the Federalist, a U.S. Department of Education spokesman said that the Biden administration intends to follow the announcement with formal rulemaking in June.
The move has sparked a backlash among conservative organizations, who have condemned the Biden administration for weaponizing progressive politics at the cost of feeding hungry kids.
“It seems to be playing politics with feeding poor kids, which is really unfortunate,” said John Elcesser, executive director of the Indiana Non-Public Education Association in an interview with the Federalist. “Because if a school feels like they cannot participate because it’s in conflict with their mission or values, if a religious exemption is not granted, you’re taking away a program that’s feeding low-income kids.”
As detailed by the publication, the National School Lunch Program fed nearly 30 million kids every school day in around 100,000 public and private schools, and residential care facilities.
Following the implementation of this new policy, establishments that accept food stamps or other federal food funding are required to allow men into women's private spaces, including showers and sleeping areas.
Additionally, these organizations are to provide training for employees and staff to not “misgender” anyone and use the pronouns of their choice. These organizations are also required to allow male staff to dress as women while working.
The Federalist reported:
"Government schools can receive no exemption. At best, parents and taxpayers can urge school districts to not comply while inevitable lawsuits over the Biden administration’s interpretation work through courts for years."
"Even if this regulation is ultimately overturned by one means or another, millions of American children will be forced to eat their school lunches with a side of sexual politics."