Lawsuit Filed Against New York Attorney General Letitia James
A federal lawsuit has been initiated against New York Attorney General Letitia James. The suit alleges she threatened to remove school board members who express opposition to the inclusion of transgender students in girls’ sports and locker rooms.
Filed in a Long Island federal court, the lawsuit centers on a “guidance letter” that James sent to school boards back in May. In that communication, she advised board members to avoid using incorrect pronouns for transgender students. Moreover, she cautioned against allowing students to voice their discomfort regarding the presence of transgender students in facilities designated for their biological sex. The warning suggested that failure to comply could lead to removal from their positions.
Kerry Wachter, Chair of the Massapequa Union Free School District Board, claims she received direction to mute or dismiss individuals who spoke against the presence of transgender students in sports and locker rooms.
“They’re saying if we allow this discussion in our board meetings, she can come in and remove us from the board,” Wachter reported. “They want me to stop public comment and stop them from speaking.”
An excerpt of the letter, obtained earlier, stated, “Unfortunately, some board members have made, and encouraged, comments during board meetings that demean and stigmatize LGBTQ+ students… rights that remain firmly embedded in state law.”
In the context of this issue, President Donald Trump issued an executive order shortly after taking office in January. The order, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” characterized “woman” and “girl” as “human female.” It aims to protect women’s privacy in spaces like bathrooms and locker rooms.
In a related action, Trump signed another executive order in February, titled “Keeping Men Out of Women’s Sports,” which threatens to withdraw funding from programs that allow biological males to compete in female sports.
Nevertheless, James’ letter noted potential removal of board members who neglect their duties or violate student legal protections. It also stated that school board meetings, being considered limited public forums, could have reasonable, viewpoint-neutral regulations governing speech content.
Kim Hermann, an attorney with the Southeastern Legal Foundation, argued that the restrictions do not limit discussions favoring transgender ideology.
“They’re not saying you can’t talk about this topic, they’re saying that nobody can speak out in favor of biological sex,” Hermann explained. “If a transgender activist can voice support for including boys in girls’ sports, then those opposing that can’t express their views anymore.”
Hermann further contended that James’ citation of the Dignity for All Students Act, aimed at preventing bullying, does not supersede First Amendment rights.
“The First Amendment stands firm, and regardless of state laws, a state cannot simply erase it from the Constitution,” Hermann elaborated. “The relevance of whether discussions about transgender issues violate state laws is moot in this lawsuit.”
“Threatening elected school board members with removal for merely facilitating public debate is an overt violation of the First Amendment,” she added.
