A lawsuit has been filed against the Chathams School District in New Jersey, alleging that a district policy allows students to change their names and gender identities on school records without parental notification. The suit, filed on August 24, also claims the district permits students to use bathrooms and locker rooms aligning with their gender identity without informing parents.
Moms for Liberty, Moms for America, and two anonymous parents of elementary school-age girls are plaintiffs in the case. They contend that the district's policy violates parents' constitutional due-process rights under the 14th Amendment. The lawsuit seeks to challenge the district's authority to withhold such information from parents.
According to the lawsuit, the directive gives guidance counselors the discretion to determine "whether, and to what extent" parents should be informed about their child's gender identity or name changes at school. Tina Descovich, CEO and founder of Moms for Liberty, stated that the policy could punish students who do not use a peer's preferred pronoun or new name, even accidentally, with potential suspension.
Plaintiffs' attorney Christopher Ferrara of the Thomas More Society argued that the Supreme Court's decision in Mirabelli v. Bonta, which granted an injunction against similar California policies, supports parents' standing to challenge such directives. "The court has made clear in the Mirabelli case, and the Third Circuit has a decision along the same lines, that parents have standing to challenge a policy like this," Ferrara told Fox News Digital.
Chathams School District, described as one of New Jersey's wealthiest and highest-performing districts, has reportedly asserted that it is not legally bound by the Mirabelli decision. District officials stated at a June school board meeting that the policy is in line with New Jersey's Law Against Discrimination and 2018 guidance from the state Education Department on transgender students. However, New Jersey Attorney General Mathew Platkin has acknowledged that the state guidance is not mandatory.
The lawsuit comes months after the Supreme Court's action in the Mirabelli case, though the Supreme Court has not ruled on the merits of the policies themselves.