New York Attorney General Letitia James is facing a new federal lawsuit accusing her office of violating the First Amendment by allegedly threatening to remove elected school board members who allow public discussion about transgender students' participation in locker rooms and on girls' sports teams.
The lawsuit was filed by a coalition of parents and school
officials, represented by the Southeastern Legal Foundation, and centers on a
guidance letter James's office sent to school districts earlier this year. In
that document, the Attorney General's office warned that any board member who
"degrades or stigmatizes" LGBTQ+ students, or who allows such
comments during public meetings, could face removal under the Dignity for All
Students Act (DASA).
The plaintiffs argue that the warning had a chilling effect
on freedom of expression and open debate on school policy issues, considering
that the letter imposes unconstitutional limits on public discussion about
controversial issues of identity and student participation.
