New Jersey School Policy Sparks Lawsuit Over Parental Rights
In New Jersey, a school district faces a lawsuit due to its policy allowing students to change their name and gender identity at school without parental notification. The School District of the Chathams lets students alter their names in official records and use facilities matching their gender identity. School guidance counselors decide on parental involvement in these changes.
This policy is challenged by a recent Supreme Court ruling in Mirabelli v. Bonta. The court granted an injunction against California’s policies keeping student gender identities confidential from parents. Christopher Ferrara, senior counsel for the Thomas More Society and the lawsuit’s filer, emphasized the court’s stance that parents have the right to challenge policies keeping such information from them.
“The court made it clear that parents are the objects of these policies,” Ferrara stated. He noted that the Third Circuit’s decision parallels this understanding, recognizing parental standing in challenges where gender transitions are hidden from them.
Supporters of parental rights demonstrated outside the Supreme Court during oral arguments in the Mahmoud v. Taylor case. In Maryland, parents contested a public school district’s decision to eliminate opt-outs from classroom discussions on LGBTQ-related topics.
Ferrara raised concerns about students not seeking gender transition having to share facilities with others of the opposite sex. Tina Descovich, CEO of Moms for Liberty and a plaintiff in the lawsuit, criticized the district’s code of conduct. She highlighted potential disciplinary actions against students who do not use preferred pronouns, even accidentally.
Fox News Digital sought comments from the School District of the Chathams. Alongside Moms for Liberty, two anonymous parents of elementary school-aged daughters also join as plaintiffs. They accuse the school of infringing on First Amendment rights and the 14th Amendment’s Due Process Clause. The district is accused of violating rights affirmed in Mahmoud v. Taylor.
In 2026, Ann Ciccarelli, president of the Chatham School District Board of Education, stated the district does not have to follow the Mirabelli decision. Instead, they adhere to the New Jersey Department of Education’s 2018 transgender guidance. Despite this, New Jersey Attorney General Matthew Platkin commented on Policy 5756’s non-mandatory nature.
“The guidance violates both Mirabelli and Mahmoud,” Descovich remarked. She stressed the district’s duty to protect constitutional rights. “There is much confusion, but the school’s responsibility is clear,” she concluded.
Ferrara mentioned threats and intimidation faced by parents opposing the policy. He revealed that one family’s home required police security:
“Opposing these policies results in backlash from intolerant ideologues,” Ferrara noted. He described this as a consequence for maintaining a traditional perspective.
Elaine Mallon, a writer for Fox News Digital, reports on national politics and provided coverage for this ongoing situation.