Attorney General and more than 20 other attorneys general are challenging the federal Food and Nutrition Service鈥檚 new policy that recipients of food assistance funds update their nondiscrimination policies to protect LGBTQ people.
In May, the U.S. Department of Agriculture it was expanding its interpretation of discrimination based on sex. As a result, state agencies and programs that receive funding from the Food and Nutrition Service were ordered to 鈥渋nvestigate allegations of discrimination based on gender identity or sexual orientation鈥� and to update their policies to specifically prohibit discrimination based on gender identity or sexual orientation.
Paxton and his counterparts claim the guidance issued by the USDA is 鈥渦nlawful鈥� because states were not consulted and did not have an opportunity to provide feedback, in accordance with the Administrative Procedure Act. They also argue that the USDA is , which extended sexual discrimination in the workplace to include discrimination based on gender identity or sexual orientation.
鈥淸It] will inevitably result in regulatory chaos that threatens essential nutritional services to some of the most vulnerable citizens,鈥� Paxton's office said in a .
Earlier this month, Paxton and others sent to President Joe Biden arguing against the guidance issued by the USDA and asking him to withdraw it.
鈥淯SDA is committed to administering all its programs with equity and fairness, and serving those in need with the highest dignity. A key step in advancing these principles is rooting out discrimination in any form 鈥� including discrimination based on sexual orientation and gender identity,鈥� said Secretary of Agriculture Tom Vilsack in the press release from May.
Tuesday鈥檚 lawsuit was filed in the Eastern District of Tennessee Knoxville Division.
