Twenty-two states sued the Biden administration for requiring states participating in the federal school lunch program to include gender identity and sexual orientation as protected under the definition of “sex” in Title IX.

The lawsuit, filed Tuesday in the U.S. District Court for the Eastern District of Tennessee, alleges the Department of Agriculture, which oversees the Supplemental Nutrition Assistance Program, which includes the National School Lunch Program, violated the Administrative Procedure Act when it issued a May 5 memorandum. The 22 states argue the school lunch decision also misinterpreted the 2020 Supreme Court case Bostock v. Clayton County, which expanded the definition of sex in employment law to include gender identity and sexual orientation.