The U.S. Department of Agriculture announced its intention to interpret the prohibition of discrimination based on sex found in a decades-old federal law.
USDA's Food and Nutrition Service has long had policies of non-discrimination, most rooted in Title IX of the Education Amendments of 1972 and in the Food and Nutrition Act of 2008, in administering its Supplemental Nutrition Assistance Program, formerly call "food stamps." The difference now was spelled out in a May 5 USDA news release that announced those laws will be interpreted to include discrimination based on sexual orientation and gender identity.
"USDA is committed to administering all its programs with equity and fairness, and serving those in need with the highest dignity," Secretary of Agriculture Tom Vilsack said in the release. "A key step in advancing these principles is rooting out discrimination in any form – including discrimination based on sexual orientation and gender identity. 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."
The news release cited leadership of the Biden administration for prompting USDA and its Food and Nutrition Service to issue "this interpretation to help ensure its programs are open, accessible and help promote food and nutrition security, regardless of demographics," according to the news release.
"This action is in line with President Biden's Executive Order on Preventing and Combatting 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," the news release said.
"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," Food, Nutrition and Consumer Services Deputy Under Secretary Stacy Dean said in the news release. "No one should be denied access to nutritious food simply because of who they are or how they identify."