USDA Exempts Religious Schools From Non-Discrimination Rules
Private and public schools alike participate in the National School Lunch Program, which funds meals for millions of students across the country.In May, the USDA had announced that schools participating in NSLP must create policies prohibiting discrimination based on gender identity or sexual orientation.But after lawsuits from a religious school and conservative-led states, the USDA clarified on August 12 that religious schools participating in NSLP can continue allowing discrimination against LGBTQ students and staff.“USDA regulations do not require a religious educational institution to submit a written request for a Title IX exemption in order to claim that exemption,” the memo read.The controversy stems from debates around Title IX of the Education Amendments of 1972, which prohibits discrimination based on sex in federally funded education programs. In a change from the Trump administration, the Biden administration has interpreted Title IX as also banning discrimination based on sexual orientation and gender identity.The USDA’s announcement this May fell in line with Biden’s interpretation.“State and local agencies, program operators and sponsors that receive funds from [the Food and Nutrition Service] must investigate allegations of discrimination based on gender identity or sexual orientation,” a May 5 press release read.“Those organizations must also update their non-discrimination policies and signage to include prohibitions against discrimination based on gender identity and sexual orientation.”On July 26, twenty-two states signed onto a lawsuit filed against the USDA policy.