Application of Bostock v. Clayton County to Program Discrimination Complaints
In light of Bostock v. Clayton County, the Food and Nutrition Service within the Department of Agriculture (USDA) determined that discrimination based on gender identity and sexual orientation can constitute prohibited sex discrimination under Title IX and the Food and Nutrition Act. Advocates for this guidance claim it is merely ensuring transgender program recipients will not be turned away, but there have been examples of funds being cut off from churches whose teachings run counter to USDA‘s interpretation of Bostock despite the fact that they provide services to all seeking their assistance, without regard to identity or orientation.
A coalition of 22 states, led by Tennessee Attorney General Herbert Slatery III and Indiana Attorney General Todd Rokita, was denied an injunction by a federal district court in Tennessee. Alliance Defending Freedom was able to get the USDA to recognize Title IX exemptions for all religious schools.
