A New Jersey school district faces legal action over its policy allowing students to change their names and gender identities at school without parental notification. Under the School District of the Chathams’ policy, students can amend their names in official records and access facilities aligning with their gender identity. School guidance counselors determine the extent of parental involvement in these changes.
The policy contradicts a Supreme Court ruling in Mirabelli v. Bonta, which previously granted an injunction against California policies that keep student gender identities confidential from parents. Christopher Ferrara, senior counsel for the Thomas More Society, stated that the court acknowledged parents’ standing to challenge such policies.
The court has made clear in the Mirabelli case… that parents have standing to challenge a policy like this, which would hide a gender transition from the parents…
Parents opposing the policy argue it risks peer pressure influencing students to adopt non-biological gender identities. The policy could force students to share locker rooms and bathrooms with opposite-sex peers, causing potential discomfort.
Moms for Liberty CEO Tina Descovich, a plaintiff in the lawsuit, claims students may face disciplinary action for incorrect use of preferred pronouns. Descovich noted that even accidental misuse might result in penalties, including suspension.
Two anonymous parents of elementary school-aged daughters, alongside Moms for America, are plaintiffs in the lawsuit filed on Aug. 24. The lawsuit accuses the district of violating the First Amendment rights to free speech and religious liberty and the Due Process Clause of the 14th Amendment. The suit also contends the school district violates parental rights upheld in Mahmoud v. Taylor, allowing parents to opt children out of LGBT-centered lessons.
Tina Descovich emphasized the importance of parental rights during a National Summit on Aug. 30, 2024, in Washington, D.C., noting repeat Supreme Court rulings affirming parental rights to opt-out.
The legal dispute stems from a school board session on June 15, 2026, where Ann Ciccarelli, president of the Chatham School District Board, stated the district follows the New Jersey Department of Education’s 2018 guidance, despite the Mirabelli decision.
New Jersey Attorney General Matthew Platkin acknowledged that the guidance under Policy 5756 is optional, according to NJ Spotlight News.
Christopher Ferrara disclosed threats and intimidation faced by families opposing the policy, citing one family’s need for police security due to backlash.
