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NWLC Blasts Trump Administration Guidance Repealing Protections for LGBTQI+ Students in School Meal Programs
Washington, DC (July 9, 2025) —The Trump administration earlier this week quietly issued guidance repealing anti-discrimination protections for sexual orientation and gender identity in federal child nutrition programs.
The new guidance reverses earlier policy guidance from the Biden-era U.S. Department of Agriculture (USDA), which had clarified to school districts that bans on sex discrimination in child nutrition programs — including the National School Lunch Program — also prohibit discrimination on the basis of sexual orientation and gender identity. In reversing this earlier guidance, the Trump administration is leaving LGBTQI+ students with fewer protections from harassment and discrimination in schools.
Brian Dittmeier, director of LGBTQI+ equality at the National Women’s Law Center (NWLC), issued the following statement in response:
“Fresh off cutting food assistance for millions of Americans, the Trump administration is finding new ways to take food away from hungry children. With an estimated 2 million LGBTQI+ students across the country, the Trump administration is encouraging schools to turn the other way as marginalized youth face discrimination in the lunch line. No student should be denied food simply because of who they are or who they love.
“This cruel campaign to target and attack LGBTQI+ students, especially trans children, needs to stop. We will continue to fight back against these mean-spirited and baseless attacks against LGBTQI+ students, who deserve the same respect as any other child.”
Background
In 2021, the Biden administration issued an executive order clarifying that federal prohibitions on sex discrimination should be inclusive of claims related to sexual orientation and gender identity. This executive order followed the lead of the U.S. Supreme Court’s 2020 decision in Bostock v. Clayton County, which had applied similar reasoning to Title VII employment claims. Several federal courts have applied Bostock to Title IX, and even before Bostock, federal courts recognized that Title IX protects LGBTQI+ students. The Biden administration’s policy directed all federal agencies, including USDA, to ensure implementation of civil rights laws consistent with Supreme Court’s decision in Bostock.
The Trump administration’s newly released guidance, Guidance on the Interpretation of Discrimination Based on “Sex” in USDA Child Nutrition Programs, removes these protections for programs that receive federal nutrition dollars, including the National School Lunch Program that serves 29.6 million students each day.
For media interviews with NWLC experts on this new guidance, please contact Jessica Baskerville at [email protected]
