Two parents from the Rockville Centre school district are taking a leading role in a federal lawsuit challenging New York Attorney General Letitia James’ guidance to school boards regarding transgender students.
Sarah Rouse and Isaac Kuo, along with Massapequa Board of Education President Kerry Wachter and Rotterdam-Mohonasen Board of Education member Danielle Ciampino, filed the lawsuit on Dec. 9 in the U.S. District Court for the Northern District of New York.
The plaintiffs argue that a May 8 letter from James effectively silences parents and school officials who raise concerns about policies affecting transgender students, particularly in areas like athletics and access to school facilities. They claim the guidance has discouraged public discussion at school board meetings and forced officials to choose between voicing their opinions and risking removal from office.
“The state is simply trying to shut down discussion,” said Wachter. “They want to say that this is the law, that’s how we interpret it, and that’s it. I think prohibiting discussion like this is antithetical to our constitutional rights as citizens of this country.”
The letter warned that board members who disclose confidential student information or question a student’s gender identity could face removal from office. It also advised districts that using pronouns different from a student’s stated preference or questioning a student’s gender identity could result in disciplinary action.
According to the guidance, questioning transgender students’ presence in school spaces or activities could also be harmful and lead to emotional distress, including anxiety and depression.
The lawsuit contends that this guidance constitutes viewpoint discrimination, allowing supportive statements about transgender policies while discouraging or penalizing dissenting opinions. Plaintiffs argue that the letter goes beyond reinforcing existing law and instead compels officials to adopt language consistent with James’ interpretation of gender identity.
Wachter described the guidance as a threat to school officials, saying it pressured them to comply with the state’s position or risk losing their positions.
“Parents and board members should be free to raise concerns about locker room access, student safety, and athletic competition without the fear of losing their jobs,” he said.
The Herald visited the homes of Kuo and Rouse on Dec. 10, but neither was available for comment.
In response, James’ office stated that the May letter was intended to remind districts of their obligations under the state’s Dignity for All Students Act and other anti-discrimination laws. These laws classify transgender students as a protected group and require school districts to prevent bullying, harassment, and unequal treatment.
James’ office emphasized that failing to create an inclusive environment could expose districts to legal liability, but plaintiffs argue that the letter forces school officials to adopt a specific viewpoint on gender identity.
Kim Hermann, an attorney with the Southeastern Legal Foundation, which is representing the plaintiffs, called the lawsuit “one of the most egregious violations of the First Amendment” he has encountered in his career. The foundation is asking the court to bar the state from enforcing what it considers an unconstitutional policy.
The case is currently pending in the U.S. District Court for the Northern District of New York.
