New Jersey School District Sued Over Gender Identity Policy

Parents in New Jersey are suing a school district over a policy that allows students to change their name and gender identity at school without informing parents. The School District of the Chathams permits students to alter their names in school records, use bathrooms and locker rooms that match their gender identity, and leave it to a school counselor to decide how much parents are involved.

This policy contradicts the Supreme Court’s decision in Mirabelli v. Bonta, which issued an injunction against California for similar policies. Christopher Ferrara, a senior counsel for the Thomas More Society, filed the lawsuit citing parents’ standing to challenge such a policy.

“The court has clarified that parents have the right to challenge policies hiding a gender transition from them,” Ferrara said. “The policy essentially makes parents the targets.”

Opponents argue the policy could pressure students into gender transitions due to peer influence or other factors. It also forces students to share facilities with the opposite sex, potentially leading to uncomfortable situations.

Tina Descovich, CEO of Moms for Liberty, claimed students refusing to use preferred pronouns could face punishment under the school’s conduct code. “Students risk suspension for using an incorrect pronoun or name,” she stated.

The lawsuit, filed on August 24, involves Moms for America and two anonymous parents. They accuse the school of violating First Amendment rights and the Due Process Clause of the 14th Amendment. The suit highlights parental rights affirmed by the Supreme Court in Mahmoud v. Taylor, allowing parents to opt-out of LGBT lessons.

New Jersey’s 2018 guidance on transgender students was cited in defense of the policy. Ann Ciccarelli, board president, stated that the district must follow state guidelines.

Attorney General Matthew Platkin acknowledged that Policy 5756 is not mandatory. Descovich argued that the school board is failing to protect the constitutional rights of its community.

“Parents opposing the policy have faced threats and intimidation,” Ferrara noted. “Public backlash against those with traditional views is intense.”