SIOUX FALLS, S.D. (KELO) — Governor Noem (R-S.D.) is promising to sue President Joe Biden’s administration over a recent decision from the U.S. Department of Agriculture (USDA) regarding school lunch programs.

On May 5, the USDA released a statement saying that under the leadership of the Biden-Harris administration, the Supplemental Nutrition Assistance Program (SNAP) would include discrimination based on sexual orientation and gender identity based on the interpretation of Title IX by Biden’s 2021 executive order.

As a result of this action, states, agencies, and programs that are receiving funding from the Food and Nutrition Service (FNS) must update their policies and investigate allegations based on the discrimination of sexual orientation and gender identity or risk loss of funding.

According to the USDA, LGBTQ Americans face higher rates of poverty and food insecurity.

In a statement sent to KELOLAND News one month after the announcement from the USDA, Noem said the Biden administration is using a ‘false interpretation of Title IX.’

“President Biden is holding lunch money for poor Americans hostage in pursuit of his radical agenda. He is insisting that we allow biological males to compete in girls’ sports or else lose funding for SNAP and school lunch programs,” Noem said in a news release. 

Earlier this year, Noem signed a transgender athlete ban into law requiring that athletes must compete on sports teams that align with their biological sex at birth. During the legislative session, Noem’s office said that her bill would defend Title IX. Opponents of the bill, including the South Dakota High School Activities Association, said the law would put the state in violation of Title IX.

In 2020, a Supreme Court decision from Bostock v. Clayton County determined that Title VII, federal employment law, included discrimination based on sexual orientation and gender identity. That decision has been cited in Title IX interpretations by the Biden administration.

Following the announcement, Noem promised to continue to defend the transgender sports ban and threatened to sue Biden.

“I would remind President Biden that we have defeated him in litigation before and are ready to do so again. Mr. President, we’ll see you in court,” Noem said.