New York Attorney General Letitia James is facing a federal lawsuit over guidance issued in May 2025 warning that school board members could face removal for comments about trans-identifying students in schools.
The lawsuit, filed by Massapequa Union Free School District Board Chair Kerry Wachter and other local officials, alleges James’ guidance unlawfully restricts speech on policy issues involving student access to locker rooms and athletic participation.
The guidance letter stated that some board members had made or encouraged remarks during meetings that “demean and stigmatize LGBTQ+ students” and warned that members could be removed if they used incorrect pronouns or allowed “bullying or harassment” of LGBT students.
According to The New York Sun, it cited examples such as opposition to LGBT student groups and resistance to trans-identifying and gender-expansive students using facilities aligned with their gender identity.
Wachter said the guidance forced her to limit public comment during board meetings, preventing students from expressing concerns about privacy.
“They’re saying if we allow this discussion in our board meetings, she can come in and remove us from the board,” Wachter told Fox News Digital, according to RedState.
She noted that students expressed discomfort sharing locker rooms with biological males, even when gender-neutral facilities were available.
The lawsuit, filed with the Southeastern Legal Foundation, alleges that the guidance violates the First Amendment. Foundation attorney Kim Hermann said students’ rights to discuss their concerns were being suppressed.
“Because she has allowed these students to speak about their experiences, which they said often distract them from learning, she now faces forced removal from her elected position,” Hermann said.
James’ letter also described school board meetings as “limited public fora,” instructing members to avoid using meetings to air “personal or political grievances.”
The guidance cited state laws, including the Dignity for All Students Act (DASA), which bars harassment and bullying.
Board members could be removed by the state education commissioner if they violated laws, neglected duties or disobeyed orders from the Regents or commissioner.
Critics argue the guidance represents overreach and threatens public discussion of school policies. Maud Maron, a former Manhattan district attorney candidate, said the letter restricts debate over policies affecting girls’ privacy in school facilities.
“It’s a clear attempt to silence discussion on sensitive issues affecting women and girls in schools,” Maron said.
James’ office maintains that the guidance was intended to clarify state laws protecting LGBT students.
This lawsuit comes after a recent federal ruling blocking James from pursuing legal action against faith-based pregnancy centers, upholding First Amendment protections for speech on morally and religiously motivated topics.
Experts say the outcome could set a precedent for how state authorities may regulate school board conduct while balancing constitutional free speech rights.
The case also raises broader questions about the role of state attorneys general in local school governance.
By issuing guidance that could lead to removal of elected board members, James’ actions have disrupted the usual policy debate at school board meetings, prompting discussion about limits of state intervention and protection of community voices.
The lawsuit highlights the tension between enforcing protections for students and safeguarding the ability of school officials to engage in policy discussions without fear of retaliation.
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