A coalition of school board members and parents has filed a federal lawsuit against New York Attorney General Letitia James and State Education Commissioner Betty Rosa. The plaintiffs allege that their May 8 guidance letter threatens to remove school board members who express or allow parents to voice viewpoints at odds with the LGBT advocacy groups.
Represented by the Southeastern Legal Foundation (SLF), the plaintiffs seek a federal court order to invalidate the guidance as an unconstitutional infringement on free speech rights. The guidance states that school boards must prohibit comments deemed discriminatory, harassing, or bullying during meetings on transgender issues. It further instructs boards not to entertain claims that transgender students’ identities are illegitimate or that their presence in schools is harmful, and prohibits allowing individuals to misgender students by using pronouns inconsistent with their gender identity.
The lawsuit cites specific cases: Massapequa School Board President Kerry Wachter faced removal after a meeting where she allowed students to express discomfort with biological males in girls’ locker rooms, despite the school having gender-neutral facilities. Similarly, Rotterdam-Mohonasen School Board member Danielle Ciampino was warned by Education Commissioner Rosa following a colleague’s comments related to LGBTQ+ student organizations.
The plaintiffs argue that the guidance forces school board members and parents to self-censor on matters of their beliefs without fear of reprimand, while also risking removal from office for expressing dissenting views. They contend that the policies constitute viewpoint discrimination and violate constitutional free speech protections.
