Judge Blocks 3 New Jersey School Districts From Enforcing Mandatory Parental Notification Gender Policy

Last week, a New Jersey state court judge blocked three school districts’ ability to enforce a policy that requires schools to inform parents when their child changes gender identity.

On Friday, Judge David Bauman issued a preliminary injunction against the new gender transition policy recently adopted by the Manalapan-Englishtown, Marlboro, and Middletown school districts.

The judge stated that “the state has demonstrated a realistic probability of success in its claim that if the Amended Policy is implemented, it will have an adverse impact on youth who are transgender, non-conforming and nonbinary.”

On June 20, all three New Jersey school districts voted to approve the new policy regarding gender transition.

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In accordance with the policy, schools must inform parents when their child requests to change gender identity. This includes pronouns and names, as well as requesting to use bathrooms or join sports teams that are of the opposing sex. The three policies allow for exceptions in situations where it is believed that notifying parents would put the student at risk.

Parents in the three New Jersey districts are pushing for greater transparency by schools regarding their children.

The New York Post reported that a mom of three from Middletown who spoke out at an emotional school board meeting about the policy on June 20, told them: “I will never co-parent with government.”

The decision of the judge Friday sided with the New Jersey Attorney General Matthew Platkin who had sued the three districts in June over the policy, accusing them to have violated a state law on discrimination and put transgender students at risk.

The Marlboro lawsuit said that “‘outing’ students against their wishes poses serious mental health risk; threatens physical injury to students, such as increased suicide risks; decreases likelihood of students seeking support; and shirks District’s responsibility to create a supportive and safe learning environment for everyone.”

The critics have warned against exaggerating the perceived link between suicide, and not affirming children who identify as transgender. This is especially true since many children with gender dysphoria also suffer from co-morbidities such as depression and anxiety.

Marc Zitomer, the attorney for the Marlboro School Board, slammed this ruling and said that parents will be in the dark while the case is being heard by the courts.

Zitomer stated that “the school district’s ability to inform parents of important issues concerning their minor children is severely limited, which is worrying on multiple levels.”

Marlboro is currently exploring appeal options, he said.

New Jersey’s state guidelines direct school districts to accept students’ gender identities. “A school district shall accept the student’s asserted identity. Parental consent is not necessary.”

New Jersey’s guidance states that schools “shall ensure that” transgender students are addressed at school by their preferred pronouns and names, and that they have the “right” to use bathrooms and locker rooms that correspond with their gender identity.

According to state guidelines, schools are required to “provide transgender children with equal access to educational activities and programs, even if other students, parents or community members express objections or concern.”

Three school districts in total serve about 18,000 pupils.