Letter calls for end to USDA guidance on gender identity, sexual orientation

JACKSON, Tenn. — Tennessee’s Attorney General Herbert H. Slatery III is among those calling for change in recent federal guidance.

In early May, the U.S. Department of Agriculture adjusted its guidance on sex discrimination to include a person’s sexual orientation and gender identity.

In a news release from May 5, the USDA says the updated guidance helped in their efforts to bring nutritional security to all Americans.

“USDA 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 – including discrimination based on sexual orientation and gender identity,” said Secretary of Agriculture Tom Vilsack. “At the same time, we must recognize the vulnerability of the LGBTQI+ communities and provide them with an avenue to grieve any discrimination they face. We hope that by standing firm against these inequities we will help bring about much-needed change.”

With this update, the USDA said state and local agencies, program operators, and sponsors that receive funds from the Food and Nutrition Service — a federal agency — have to investigate potential discrimination based on gender identity or sexual orientation.

“Whether you are grocery shopping, standing in line at the school cafeteria, or picking up food from a food bank, you should be able to do so without fear of discrimination,” said Food, Nutrition, and Consumer Services Deputy Under Secretary Stacy Dean. “No one should be denied access to nutritious food simply because of who they are or how they identify.”

Additionally, they must update policies and signage to include prohibitions against discrimination based on gender identity and sexual orientation, the May news release said.

The Tennessee Attorney General’s Office announced on Tuesday that Slatery is among 26 attorneys general calling on President Joe Biden to withdraw the USDA guidance.

The letter claims that the updated guidance is unlawful and comes from a misinterpretation of Bostock v. Clayton County.

“This is yet another attempt by the executive branch and unelected regulators to do what only Congress is constitutionally authorized to do: change the law,” Slatery said.  “They intentionally misread the Bostock decision to fit their social policy preferences and exclude the people and their elected representatives from the entire process. As Attorneys General we cannot just sit on the sidelines, and we will not.”

The attorney generals say that if program or organization does not put the guidance against discrimination into place, they could face a loss of federal funds, which would then effect those helped by the organizations.

You can read the full letter here.

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