NEW YORK (LifeSiteNews) — A group of parents and school board members in New York are suing Democrat state Attorney General Letitia James over her threat to silence and punish school boards that dissent from left-wing views on transgenderism.
On May 8, James sent a guidance letter to every school board in the state bemoaning that “some board members have made, and encouraged, comments during board meetings that demean and stigmatize [so-called] LGBTQ+ students,” which she defined as including “attacks on school support for LGBTQ+ student groups and on [so-called] transgender and gender-expansive students’ rights to use facilities, including restrooms and locker rooms, or participate on school athletic teams consistent with their gender identity,” which supposedly has “create[d] a hostile school environment [that] harm[s] children, sow[s] discord in communities, and expose[s] school districts to costly litigation.”
The letter argued that school board meetings are “considered limited public fora,” meaning they can limit speech with “reasonable, viewpoint-neutral rules,” such as “prohibiting all comments on a particular topic that would have discriminatory, harassing, or bullying effects.”
“[S]chool boards should not entertain baseless allegations that [so-called] transgender students’ identities and experiences are illegitimate, or that their mere presence in school spaces and participation in school activities is harmful to other students,” the letter argued. “Nor should boards allow individuals to intentionally misgender district students—a practice that, according to research, leads to feelings of stigmatization and emotional harm, including anxiety, depression, and stress.”
Violations, James warned, could violate state law and result in removing board members from office. “Removal of a board member is a drastic measure, but even an unsuccessful application for removal may pose a financial burden to schools and an unwelcome distraction from school boards’ important work,” James argued.
On December 9, the Southeastern Legal Foundation announced it is suing James, New York Commissioner of Education Betty Rosa, and the New York State Board of Regents over the threat, on behalf of a group of New York parents and school board members across the state, on the grounds that James is effectively attempting to outlaw certain viewpoints from being expressed, in violation of the clear constitutional right to free speech. The suit seeks an injunction against enforcement of James’s threats.
“Kerry Wachter [Massapequa School Board President, one of the plaintiffs] has allowed Massapequa High School students to speak up and express their fears and discomforts with biological males changing in their girls locker room, even when there is a gender neutral locker room available at the school that the student does not use,” said SLF President Kim Hermann. “Because she has allowed these students to speak about their experiences, which they said often distract them from learning throughout the school day, she now faces forced removal from her elected position to the school board because of the anti-free speech actions and policies of the State of New York.”
“Letitia James’ policies that say students cannot speak at their own school board meetings about the stress and problematic policies around accommodating [so-called] trans athletes are anti-American and anti-constitutional,” Hermann continued. “Letitia James’ policies that say school board members in New York can be removed from office just for using the biologically correct pronoun for a [gender-confused] student are not only repressive but blatantly disregard the value of free speech for the citizens she represents.”
The indoctrination of children with left-wing ideology on sexuality, race, and other agenda items has long been a major concern in American public schools, from libraries to drag events to classroom materials to even “transitioning” troubled children without parental input. Many schools have also displayed hostility to the rights and employment of individual teachers who refuse to go along with such agendas.
The Trump administration has taken steps to depoliticize public education, including by ordering the elimination of federal funds to schools that continue diversity, equity, and inclusion (DEI) programs and by reversing the Biden administration’s infusion of gender ideology into Title IX rules.
James is no stranger using the force of law for left-wing activist ends. Over the past year alone, she has attempted to pressure hospitals into continuing to commit “gender transition” procedures on minors, block pro-life pregnancy centers from promoting abortion pill reversal, and keep peaceful pro-life activists away from abortion facilities.
