Social Worker Sues School District Over Policy on Concealing Gender Transitions

A licensed clinical social worker is suing Albuquerque Public Schools (APS) in federal court, alleging the district's policy forces staff to conceal students' social gender transitions from their parents. The lawsuit, filed by the Center for American Liberty on behalf of Jeanette Martinez, claims the policy violates her First Amendment rights to free speech and religious freedom.

Martinez, who has over a decade of experience as a social worker, supports special-education students at Atrisco Heritage Academy High School. Her role involves communicating with parents about their children's academic, behavioral, and special-education needs. She states that her Christian beliefs prohibit her from intentionally concealing the truth.

The lawsuit centers on APS Procedural Directive PJ30, which instructs staff to use a student's preferred name and pronouns for internal records and interactions. However, when communicating with parents, staff are directed to use the student's legal name and pronoun corresponding to their sex assigned at birth, unless the student or parent has specified otherwise.

Martinez described an incident where a student expressed a desire to identify as female, and school officials immediately decided on a new name and discussed how to introduce it to classmates and train first-grade students. She stated that her job is to unite families, not divide them, and that participating in deception is not in the best interest of students or families.

In April, Martinez requested a religious accommodation to allow her to communicate truthfully with parents, which APS denied. According to the lawsuit, she faces potential disciplinary action, including termination, for non-compliance.

Albuquerque Public Schools spokesperson Martin Salazar stated that the district does not comment on pending litigation but noted that the policy is intended to foster a safe learning environment and protect student privacy. Salazar added that the district will address the allegations through the appropriate legal process.