Legal Action Against AG Letitia James Over Transgender Sports Guidelines

A lawsuit has been initiated against New York Attorney General Letitia James, claiming that she unlawfully threatened school board members regarding discussions about transgender students in sports and locker rooms. This legal action was filed in a Long Island federal court on Tuesday in response to a “guidance letter” James sent to school boards back in May.

In that letter, James cautioned board members against misusing pronouns for transgender-identifying students, stating they should not allow students to voice concerns about sharing facilities with peers whose gender identity differs from their biological sex. She indicated that failure to comply could result in removal from their positions.

Kerry Wachter, Chair of the Massapequa Union Free School District Board, expressed that she felt pressured to restrict or silence speakers who opposed the inclusion of transgender students in girls’ facilities. “They’re threatening that if we let this discussion occur during board meetings, she can come in and remove us from the board,” Wachter shared. “They want me to put a stop to public comment.”

In the letter, it stated, “Unfortunately, some board members have made, and encouraged, comments during meetings that demean and stigmatize LGBTQ+ students… These comments include attacks on the rights of transgender and gender-expansive students to use facilities consistent with their gender identity.”

Interestingly, shortly after taking office, President Donald Trump enacted an executive order aimed at “Defending Women from Gender Ideology Extremism.” This order redefined “woman” and “girl” and emphasized privacy in gendered spaces like restrooms and locker rooms.

In February, he also signed an executive order focused on keeping biologically male athletes out of women’s sports, stating funding would be withdrawn from programs that allowed such participation.

James’ letter continued, explaining that board members could face removal if they neglect their duties or violate legal protections for students. It also noted that school board meetings, as limited public forums, could impose reasonable regulations that may prohibit comments that could be discriminatory or harassing.

Attorney Kim Hermann of the Southeastern Legal Foundation remarked that the restrictions on discussion seemed one-sided, favoring those supporting transgender ideologies over dissenting views. “They’re not saying you can’t talk about this topic; they’re saying that no one can voice support for biological sex,” Hermann noted.

Hermann further argued that James’ reference to The Dignity for All Students Act (DASA), intended to prevent bullying, doesn’t override First Amendment rights. “A state cannot erase the First Amendment from the Constitution, regardless of state laws,” she elaborated. “Threatening elected school board members with removal for allowing public debate is a clear violation of the First Amendment.”

A tweet highlighted the perceived misuse of authority by AG James regarding the enforcement of these guidelines, indicating broader concerns about how school boards manage discussions around these sensitive topics.

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