Letitia James sued over school board speech threats
Massapequa Union Free School District Board Chair Kerry Wachter and others filed a lawsuit against New York Attorney General Letitia James, alleging her office issued a guidance letter threatening to remove school board members for misgendering or for allowing public comments opposing transgender students’ access to girls’ sports and locker rooms. Plaintiffs argue the directive, cited to New York’s Dignity for All Students Act, violates the First Amendment and constitutes viewpoint discrimination at public meetings.
📌 Key Facts
- Plaintiff named: Massapequa UFSD Board Chair Kerry Wachter
- Allegation: AG guidance threatened removal of board members for misgendering or permitting opposing public comments
- Plaintiffs cite DASA’s use by AG’s office and argue it cannot override First Amendment protections; attorney Kim Hermann says supportive pro‑trans comments were allowed while opposing views were not
📊 Relevant Data
Post-pubertal males exhibit greater athletic performance than females, with differences in speed, strength, and power due to changes in body structure, physiology, and function after the onset of puberty.
Evidence on sex differences in sports performance — Journal of Applied Physiology
In 2023, 3.3% of U.S. high school students identified as transgender, according to the Youth Risk Behavior Survey.
Disparities in School Connectedness, Unstable Housing, Victimization, and Health Risk Behaviors Among Transgender and Cisgender High School Students — Youth Risk Behavior Survey, United States, 2023 — CDC Morbidity and Mortality Weekly Report
In 2025, 69% of U.S. adults said athletes should only be allowed to compete on sports teams that match the sex they were assigned at birth, while 24% said they should be able to compete on teams that match their current gender identity.
Two-Thirds in U.S. Prefer Birth Sex on IDs, in Athletics — Gallup