Republican and Democratic Senators battle a GOP resolution to oppose a USDA rule that requires schools enrolled in the free and reduced school lunch program comply with federal gender identity requirements.
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00:00 Thank you, Mr. President, also from Michigan. It's wonderful to see you in the chair.
00:04 I want to explain how we got here today because you're going to hear a lot of things that are just
00:09 false today and
00:12 frankly things that I believe are mean and using some of our most vulnerable children for political stunts.
00:19 But let's start. Why are we having this discussion? Well, the Supreme Court has ruled that
00:25 discrimination based on sex includes
00:29 sexual orientation and gender identity in general.
00:33 Makes sense.
00:35 The administration,
00:37 including the US Department of Agriculture, is simply
00:41 updating their policies to comply with the law.
00:45 Now last year,
00:48 22 Republican Attorney Generals
00:50 took the Department of Agriculture to court based on the argument that you will hear today
00:58 from this resolution's sponsor. Everything you will hear,
01:03 they sued the Department of Agriculture over and the court just dismissed the case.
01:11 They completely dismissed the case and in fact the opinion dismissing the lawsuit
01:18 called the Republicans out
01:20 for their political stunt. This is the judge saying this,
01:26 stating that this case had nothing to do with bathrooms or
01:30 sports teams.
01:33 The judge then said this case is about food stamps and nutrition.
01:37 Not bathrooms, not sports teams, not free speech, and not religious exercise. It's about whether or not
01:45 the USDA
01:48 is
01:50 how they administer food benefits. School
01:54 breakfast, school lunch, after-school snacks, other kinds of
01:58 school and other food programs. And the judge said the plaintiff states have ignored a
02:08 federal statute. They want to ignore a federal statute and
02:13 discriminate against poor people who do not conform to traditional
02:19 conceptions of sex. So this is about food programs and then the judge went on to say plaintiff states insistence to the contrary is
02:27 no more than an invitation to join a political discussion
02:31 untethered to
02:35 applicable statutes or precedent. The court will instead
02:39 simply apply the law. So I urge the rejection of what has been called a political
02:47 stunt by the federal court.
02:49 I'm calling it a political stunt because it's very clear that children are being used
02:57 to address what
03:00 some colleagues have said is just red meat
03:04 to Republicans to like feed
03:07 the cultural wars.
03:10 Now I want to
03:13 say that I'm really glad that my Republican colleagues are so concerned about concerned about feeding kids and
03:18 they should be happy to know that the USDA food and nutrition
03:23 policies have nothing to do with school bathrooms and nothing to do with school sports. The USDA food programs have nothing
03:31 to do with funding the rest of the school programs.
03:34 The federal nutrition money is not used on
03:39 anything else can't be withheld on anything else or funding anything else other than
03:45 the school meals.
03:48 That's what it's all about.
03:50 This whole exercise is nothing more than a political stunt using children as I said before to stoke
03:58 the made-up cultural wars.
04:00 Every child
04:02 deserves to enjoy school breakfast or lunch without being singled out for being
04:08 LGBTQ+
04:10 period.
04:11 That's all this is about. I
04:13 also want to just add that the Biden administration is focused on making sure
04:19 that kids have access to meals and
04:22 families can put food on their table and it's absurd
04:26 that anyone would say otherwise.
04:29 They've increased access to free meals for students, expanded local food options, and are making meals
04:37 healthier and we came together at the end of last year Senator Bozeman and I led an effort to expand summer meals.
04:44 It was a wonderful bipartisan effort to make sure in the summer
04:48 that we have 29 million children that would otherwise not eat healthy meals have a chance to get a healthy meal.
04:56 So we should be working together on
04:58 bipartisan efforts to provide
05:02 healthy food
05:04 for our children.
05:06 This exercise does not accomplish that.
05:10 It is nothing more unfortunately than a cruel political stunt. I urge my colleagues to vote no.
05:18 Thank you.
05:21 Senator from Wisconsin.
05:24 Mr. President, I rise today in strong opposition to
05:28 Senate joint resolution 42.
05:31 Which I view as a cruel effort to green light discrimination
05:35 against
05:37 LGBTQ+ children.
05:39 My colleagues, some of them across the aisle, have made false claims about a policy that the Biden administration has released.
05:47 A policy that makes clear the obvious that every child should be able to get lunch at school no matter their race,
05:55 religion,
05:58 ability,
05:59 gender identity, sex, or sexual orientation.
06:02 That's it. A
06:05 simple narrow
06:07 directive from the USDA that says schools that receive federal funding for nutrition assistance
06:14 must not discriminate within the confines of these nutrition programs on the basis of
06:21 gender identity, sex, or sexual orientation.
06:24 This is not about bathrooms. This is not about locker rooms. This is not about sports.
06:30 This is also not about pushing some alleged agenda. This is about feeding children,
06:37 period.
06:40 Since this policy was issued over a year ago in May of
06:44 2022, the USDA has initiated no
06:49 enforcement related actions. Not a single case.
06:54 Zip.
06:56 Nada. Zero.
06:58 This is a, quote, "solution in search of a problem."
07:01 The actual problem is that some of my Republican colleagues continued efforts to pick on
07:08 LGBTQ+ children for their own political gain.
07:13 By overturning this policy, my Republican colleagues are essentially
07:18 arguing that discrimination based on gender identity, sex, and sexual orientation is okay.
07:24 While I'm
07:27 so glad that there haven't been any instances of this happening,
07:31 just imagine the scenario that my colleagues are trying to allow.
07:37 All of us, all of us in the Senate, represent LGBTQ+ children and their families.
07:46 Say you are one of those children and you are told you can't have your school breakfast or lunch because of who you are.
07:54 Depriving a child of eating
07:58 because Congress has decided that that would be okay.
08:02 This is not okay.
08:04 This resolution is not about doing good for the American people or making their lives better. In fact, it is quite the opposite.
08:14 Resolutions like these have a profound impact on
08:17 LGBTQ+ kids and their families.
08:20 I rise today as some of my Republican colleagues to remind them that their actions do not go unnoticed
08:29 by
08:31 LGBTQ+ children. Kids who already face
08:34 increased adversity every day in the form of harassment or bullying or discrimination.
08:42 As a consequence,
08:44 LGBTQ+ youth are four times as likely to attempt suicide
08:48 than their peers. And
08:51 nearly 60% of
08:53 LGBTQ+ youth report experiencing symptoms of depression.
08:58 Our words matter. Our actions here matter.
09:03 When some Republicans attack gay and trans children, our kids hear that. They
09:11 hear that they're not welcome at school, in public, and tragically sometimes even at home.
09:17 They hear that their rights are lesser than their peers because simply who they are.
09:22 They hear that they don't have the same freedoms and liberties as every other kid. They hear that the adults in the room,
09:29 including some of my colleagues here in Congress, do not care.
09:34 Well, I care and that's why I'm standing up against this attack and frankly all the attacks I'm seeing on gay and trans kids.
09:42 LGBTQ+ children deserve the freedom to be like any other kids.
09:48 Whether that be playing sports, joining a club, or just being a kid.
09:53 Free from bullying and harassment and discrimination. And that of course includes the school lunch line.
10:03 These kids have a right to a life without harassment or further stigmatization.
10:09 Should this misguided resolution go through,
10:12 Congress is giving folks a free pass to deny a school lunch to a kid
10:18 just because of who they are. And make no mistake,
10:22 this resolution would make our
10:25 LGBTQ+ kids feel less welcome and less safe in their own schools.
10:32 This policy is about feeding
10:35 children no matter who they are and it's just that simple. Please vote no.
10:42 Mr. President.
10:46 Senator from Hawaii.
10:48 Mr. President,
10:51 Republicans need to leave the kids alone.
10:54 Leave the kids alone.
11:01 Right now they're trying to deny food to LGBTQ+ kids because they have disagreements
11:08 about policies concerning trans people. And instead of debating those disagreements among adults,
11:16 they're holding school lunches for kids hostage.
11:22 So I want to be really clear about what this proposal would do and the message that it would send to millions of Americans.
11:29 It would overturn a policy that prevents LGBTQ+ kids and
11:33 adults from being discriminated against while accessing federal nutrition
11:38 assistance like school meals,
11:41 food banks,
11:43 SNAP benefits.
11:45 You have an issue with high school sports. I think you're wrong, but have at it.
11:51 You have a view
11:54 about trans people. I think you're wrong. I think it's terrible, but have at it. But leave the kids alone.
11:59 Let them eat.
12:05 Let the children have a lunch. Every kid deserves a square meal.
12:13 Leave them alone.
12:17 Most people are fortunate enough to not have to worry about where their next meal will come from.
12:23 It's just a routine part of life, but that isn't the case
12:25 for many queer Americans who are twice as likely to experience food insecurity according to the Census Bureau. And trans people
12:34 are three times as likely to be food insufficient compared to cisgender individuals.
12:40 So this policy is not just another line in the rulebook.
12:44 It's the difference between people having a meal and going to bed hungry.
12:51 And if we can't hold kids harmless,
12:54 if we can't hold kids harmless, what the hell are we doing here?
13:00 Can't we have some boundaries to the culture wars? Can't we have some disagreements
13:09 without looping in the children? They are kids.
13:14 We are adults. We are responsible for their health and safety.
13:20 Let them have a square meal.
13:22 I yield the floor.
13:25 Senator from Kansas.
13:29 Mr. President, it's always a great honor to come to this hallowed floor to fight for our youth, our nation's greatest treasure.
13:36 I would ask the White House to leave our kids alone. They're the ones that have picked this fight.
13:42 It's the White House that won't leave our kids alone.
13:44 I rise in support of SJ resolution 42, which was a strike down a policy memorandum regarding the federal school lunch program
13:52 that the USDA issued and has since been weaponized against our youth.
13:56 That's right. This administration is using school lunches to attack our youth
14:01 to implement their transgender policies.
14:04 Let me begin by stating as a physician, as an OBGYN, I've devoted my entire life to the health and safety of our youth.
14:14 And well-being of moms and children.
14:16 From a mother's first visit to our office, to the baby's birth and during the childhood.
14:21 Nutrition is a key to the healthy development and growth of every infant, toddler and school-aged child.
14:29 And in my time as a doctor now at Capitol Hill, there's nothing I've stressed more to moms than the importance of nutrition.
14:36 But with that being said, I'd like to make it abundantly clear as I address this chamber.
14:42 There's no greater champion for children's health and nutrition than me.
14:46 That's why as you can imagine, I'm deeply troubled by the way my friends across the aisle have described this
14:53 intent of this revolution today. And I'm actually shocked by just how wrong
14:58 and frankly deceitful they are with their tactics and messaging on this CRA.
15:02 Let me be clear.
15:05 The only player in this policy fight that wants to and has actually suspended access to the school lunch program
15:12 is the Biden administration.
15:14 After three years, I thought I'd seen it all when it came to what this current administration is willing to do in order to force its
15:22 radical transgender agenda on the American people.
15:25 Unfortunately, we have underestimated how committed they are to forcing this harmful ideology on all of us.
15:31 Today, I'm bringing this resolution to the floor to expose the lengths of the Biden administration
15:36 is willing to go to appease the far-left factions of their party.
15:41 Now I learned a long time ago with this White House, don't listen to what they say,
15:45 watch what they do.
15:48 Take note, observe their actions.
15:50 Listen to this. A memorandum issued by the USDA last May shows that they have extended fighting their culture war
15:56 in a way that leaves school lunches for children hanging in the balance.
16:01 Right now as I stand here in this chamber, the Biden administration is threatening food assistance for low-income kids
16:08 unless the schools they attend carry out their transgender agenda, putting children's access to lunch at risk.
16:15 This resolution of disapproval we're considering today aims to overturn this
16:20 horrific policy memorandum for the USDA, which would deny low-income kids access to the federal school lunch program
16:28 if their school does not adhere to the Biden administration's mandate.
16:32 This includes, but it's not limited to,
16:35 requiring biological boys
16:38 to be given access to girls' bathrooms and locker rooms,
16:42 or allowing biological boys to compete in girls' sports.
16:46 We've heard all these stories of young women denied opportunities to win a championship
16:51 or gain a scholarship because if a biological boy was allowed to compete in their events.
16:56 Listen, this is flat out wrong.
16:59 And as someone who was a middle school student when Title IX was enacted,
17:03 and I saw firsthand the value that law added to allow young girls to participate in school sports,
17:09 many of whom went on to receive athletic scholarships,
17:12 to see these actions by the White House is heartbreaking.
17:15 The USDA memorandum would force Christian schools to abandon their religious belief.
17:20 Listen, this is not hyperbole or political rhetoric.
17:24 The Biden administration has already weaponized the school lunch program and suspended access to the school lunch program specifically in two schools.
17:33 Requiring both to file lawsuits over losing federal food assistance.
17:36 In California, the USDA has actually taken away school lunch funding from kids because a Christian school refused to violate their closely held
17:44 religious beliefs in their hiring policies.
17:47 Because this school wanted to draw their workforce from a pool of individuals who share their values and live out their religious convictions,
17:55 children,
17:57 children, including LGBT families, had the federal funding for their lunches taken away. This is fact.
18:03 What's ironic here is there was an original case in Florida where USDA granted an exemption for religious schools and enforced the federal statute that
18:10 includes a robust religious exception.
18:13 But this year a second lawsuit has been filed because the USDA wasn't abiding by the standard the statute set.
18:20 If the USDA is not going to follow its own exemption and ignore federal law, then we must act
18:27 and we must act today.
18:30 More than 20 Republican attorney generals agree with me and are suing the USDA over the policy memorandum.
18:36 If this USDA policy continues, schools risk losing federal funds for free and reduced lunches.
18:43 In total, more than 29 million students nationwide receive free or reduced lunch programs, something I'm proud to support.
18:50 We must protect these children's food security, their privacy, and their safety at all costs.
18:57 The USD has no authority to force dishonored children or the schools they attend
19:01 to adhere to woke mandates such as requiring boys to be given access to girls' bathrooms and locker rooms or allowing boys to compete against
19:09 girls in girl sports.
19:11 The USD has no authority to tell Christian schools they have to violate their religious beliefs.
19:16 I'll wrap it up with this.
19:19 We must stop this policy dead in its tracks to protect access to school lunches for students across the country
19:25 and send a clear message to this administration.
19:27 Stop weaponizing the federal government.
19:30 And let me state again, the only player in this policy fight aiming to take away access to the school lunch program is the Biden administration.
19:38 This CRA would not allow for the discrimination against the kids in the lunch line.
19:43 That's protected by federal law. It's in statute.
19:47 With that, I encourage my colleagues to support this passage.
19:52 Mr. President, I'd like to yield the remainder of my time to the Senator from the great state of Texas. Senator.
19:57 Senator from Texas. Mr. President.
20:00 Mr. President, I rise today to support Senator Marshall's resolution of disapproval
20:06 of this outrageous rule.
20:09 You know, I have to say as I sat here on the Senate floor, I listened to my friend from Hawaii give his
20:14 floor remarks.
20:16 And as I listened to what he said, I wrote down some of what he said.
20:20 He said, "Kids need to eat."
20:22 He said, "Don't take the food away from children."
20:25 And he said, "Don't drag children
20:28 into the culture wars."
20:31 And I have to admit, Mr. President, I felt like I was in Alice in Wonderland and that I'd gone through the looking glass because
20:37 I agree emphatically with all three of those statements. And for a moment there,
20:41 I thought the Senator from Hawaii had risen to give a speech in support of this resolution of disapproval.
20:48 What is this issue about? Understand what it is about.
20:51 It is Joe Biden and the Democrats
20:54 who are taking food away from children.
20:57 The U.S. Department of Agriculture has told schools,
21:02 "We will cut off your school lunch funding. We will take the food off of your plates and out of your mouths."
21:09 Unless the schools comply
21:13 with the Biden administration's radical transgender policies.
21:18 It is Joe Biden and the Democrats and every Democrat who votes in favor of this policy who are saying
21:23 "We are going to take food away from kids." Why?
21:27 Because to today's Democrat party,
21:31 feeding children,
21:33 and mind you, we're talking about low-income kids,
21:36 many of whom the only food they get that day, they get at school. And the Democrats are going to say, "We're taking away your food."
21:44 Why?
21:46 Why?
21:47 Because today's Democrat party is committed to the proposition
21:50 that a boy who identifies as a girl
21:55 should be allowed to use the girl's restroom, should be allowed to shower with teenage girls, even if the girls don't want it.
22:03 That 10, 12, 14, 15 year old girls should be forced to shower naked next to someone who is biologically male.
22:13 This is not hypothetical.
22:15 It is not.
22:17 Members of the Judiciary Committee, listen to the testimony of Riley Gaines,
22:22 a national champion swimmer who was forced
22:26 under these same idiotic policies to shower in a shower next to someone biologically male with full male equipment.
22:35 She wasn't asked for her consent.
22:39 I asked the women in this chamber, how many of you would be excited
22:44 to be forced to shower
22:46 with someone biologically of the opposite sex?
22:50 Today's Democrat party has embraced the radical and extremes, and when it comes to sports, their view also
22:59 is that boys should be able to compete against girls in sports,
23:04 and men should be able to compete against women in sports. And this is happening all over the country.
23:10 I believe in women's sports. I believe in girls sports. I have two young daughters. Sports are amazing
23:15 for girls to learn discipline and hard work and teamwork.
23:19 Title IX has opened doors
23:23 for young women to go to college.
23:26 And yet the Democrats' extreme transgender ideology is destroying
23:32 girls sports and women's sports. This is not a matter
23:36 of gender or gender identity. This is a matter of fairness.
23:41 Anyone who is not consumed by ideology
23:43 understands there's a difference between boys and girls. There are biological differences between boys and girls.
23:49 There is a reason why recently, in Canadian powerlifting, a biological male
23:56 won women's powerlifting,
24:00 beating the second place competitor by, if I remember correctly, 463 pounds.
24:08 It is not fair to force little girls to compete against biological boys. The Democrats don't care about fairness.
24:14 They care about extreme ideology, and every Democrat who votes
24:18 against this CRA is voting to take the food from hungry kids,
24:24 because that's how radical they are in enforcing this policy.
24:29 Mr. President, I urge every senator to vote aye.
24:35 Mr. President, I'd ask unanimous consent that I be permitted to speak for up to five minutes.
24:39 Senator Stabenow be permitted to speak for up to one minute prior to the scheduled vote.
24:43 Is there objection?
24:46 Without objection.
24:48 Mr. President, on the merits, this resolution is just absurd. The Department of Agriculture is not, as Senator Cruz alleges,
24:55 punishing schools based upon how they label bathrooms or what they teach in health classes.
25:01 The offenses that Senator Marshall and Senator Cruz are alleging here are just made up.
25:06 What the Department is saying is simple. If you're feeding poor kids, it shouldn't matter whether that kid
25:10 is straight or gay or transgender, whether they're black or white, whether they're Catholic or Protestant.
25:16 You can't choose not to feed a kid because of their ethnicity, their race, or their sexual orientation.
25:23 That's just common sense, and I guarantee you 90 percent of Americans
25:27 agree with that sentiment. The reason we're debating this resolution, though, isn't because there's a problem that needs to be solved.
25:33 We're debating this resolution because the right wing in this nation has launched a relentless and unceasing campaign
25:39 to marginalize, demonize, and bully kids who are gay, transgender, or non-binary.
25:45 All across the country, Republican state legislatures are introducing bills that are
25:51 designed to demonize gay children, to make people believe that these kids are a threat to others.
25:57 Hundreds and hundreds of bills, all centered on the same lie as this resolution, that it's not okay to be gay,
26:03 that it's abnormal to be transgender, and that society should rally around efforts to bully and shame these children and their families.
26:09 A few weeks ago, I finished up my annual book, "The Law of the Law,"
26:15 and I talked about how we should rally around efforts to bully and shame these children and their families.
26:21 I do it each year. I spend a week walking about 20 miles a day, talking to hundreds of people,
26:27 most of them totally non-political, about what they care about and what they want their leaders to be working on.
26:33 You know what nobody talked to me about on that walk?
26:39 Children's sexual orientation, drag shows in schools, bathroom labeling.
26:45 You know what they did talk to me about? Wages, not keeping up with costs, the safety of their neighborhoods, Israel, opioids, drug costs.
26:53 This obsession that Senator Marshall and Senator Cruz and their right-wing allies have with the sexual orientation of our kids
26:59 is so divorced from what people are actually talking about in this country.
27:05 No wonder the candidacy of Ron DeSantis, really founded on his relentless similar campaign of attacks against gay kids and adults in Florida, is floundering.
27:13 Because even primary voting Republicans think that this obsession that Republicans have with children's sexual orientation or gender identity is just super creepy and super weird.
27:27 And it has nothing to do with the actual set of problems that this nation is facing.
27:35 But there is one problem attached to this resolution.
27:41 There are consequences to what Senator Marshall and Senator Cruz are proposing.
27:47 When leaders choose to make bullying and marginalizing gay kids a top priority, kids listen.
27:55 Fuel gets given to their bullies.
27:57 People like the senators that are sponsoring this resolution legitimize attacks on gay kids and make those kids feel inferior and alone.
28:07 The students at Seth Walsh's school, they were systematic in the way that they targeted him because he was gay.
28:13 They pushed him down the stairs, they kicked him until he was badly bruised, they screamed at him, they called him names.
28:19 No doubt these bullies took direction and inspiration from adults who paved the way, who endorsed this kind of behavior.
28:27 And then one day after one of these incidents, a frightened Seth called his mom and he said, "Mom, you've got to come get me right now."
28:34 His mother could feel the fear in his voice, so she grabbed Seth's little brother, they rushed out the door, they went to the school, they brought him home.
28:41 His mom was so supportive.
28:43 That afternoon they just sat and they talked.
28:45 Seth went upstairs, he took a shower to calm himself down, afterwards he came downstairs and asked his mom for a pen, told him he was going outside to play with the dogs.
28:54 Ten minutes later, his mom went outside to continue this conversation with her son.
28:59 But it was too late.
29:01 Seth had hung himself from a tree and the pen he had asked for was for his suicide note.
29:08 Seth Walsh was 13 years old.
29:11 A recent survey of transgender youth showed that half of them, 52% of them, have contemplated suicide over the last year.
29:19 Just think about that for a second.
29:21 Half of the kids who are transgender come to the conclusion at some point in their young lives that they would be better off dead, dead,
29:28 than to live in a world that believes that they are threats to be marginalized or expunged.
29:35 How small, how tiny do you have to be to reach a position of political leadership and choose to use that position to bully or shame kids like Seth?
29:47 This campaign of targeting and marginalizing gay and transgender kids, trying to convince the country that they are threats to this country,
29:55 it's just wrong on the facts, it's wrong morally, and it has lethal consequences.
30:02 And it should stop.
30:09 I want to thank my colleague for his comments.
30:11 This is so serious for children.
30:13 But let me be clear, clear.
30:17 The U.S. Department of Agriculture and Nutrition programs do not fund anything related to school bathrooms or school sports.
30:27 This is a rule about making sure all children have access to school meals.
30:33 They're not discriminated against, that children aren't blocked from getting school meals if they're gay or non-binary or transgender.
30:41 And it's true, there were 22 Republican Attorney Generals that took the Department of Agriculture to court.
30:48 You know what?
30:49 The case got thrown out. The case got thrown out and the judge called it a political stunt.
30:57 And the USDA has not threatened to withhold food from any child in school.
31:03 In fact, the case that my friend talked about was a California statute, not USDA.
31:09 And the USDA has not threatened to withhold food from any child in school, period.
31:15 So I'm committed to advancing real policies that make a difference for our children, but not wasting the Senate's time on political stunts.
31:22 I urge my colleagues to vote no.
31:25 Senator from Kansas.
31:26 Unanimous consent for 30 more seconds to respond briefly.
31:30 Is there objection? Hearing none.
31:32 Again, the only player in this policy fight that wants it is taking away lunches from school children is the Biden administration.
31:41 Since they're unaware that this is already happening, here are the two court cases where schools have had to sue in order to feed children at their schools.
31:49 The first one, Grant Park Christian Academy versus Frye.
31:52 The second, the Church of Compassion versus Johnson.
31:55 USDA was party of those. I urge a yes vote. I yield back.