Albuquerque Public Schools faces lawsuit regarding policy on gender transition confidentiality

Albuquerque Public Schools faces lawsuit regarding policy on gender transition confidentiality

A social worker from New Mexico has initiated a lawsuit against Albuquerque Public Schools (APS), claiming that the district mandates staff to hide students’ gender transitions from their parents.

The Center for American Liberty has brought the case in federal court on behalf of Jeanette Martinez, a licensed clinical social worker. She argues that the school district is infringing upon her First Amendment rights to free speech and religious freedom by compelling her to keep parents uninformed about their children’s social gender transitions.

Martinez supports students in special education at Atrisco Heritage Academy High School, where her job typically involves engaging with parents about their children’s academic and behavioral challenges. Being a practicing Christian, Martinez feels that her faith prevents her from being dishonest or hiding the truth from parents.

She recounted an incident where a student expressed a desire to transition genders, noting that, in just a couple of hours, the school team decided to adopt a new name for him immediately. They even planned how to introduce this name to his classmates and talked about how to educate first-graders on interacting with a peer who identifies as the opposite gender.

According to APS Procedural Directive PJ30, school personnel must use a student’s chosen name and pronouns for internal purposes. However, unless explicitly stated otherwise by the student or their parents, they must communicate with parents using the student’s legal name and the pronouns associated with the gender assigned at birth.

The lawsuit claims that this policy effectively coerces employees into a “conspiracy to lie” when parents make direct inquiries about their children.

Martinez emphasized her role as a social worker is about bringing families together, not driving them apart. She expressed concern about having to navigate parent-teacher conferences while being dishonest, stating that this approach is detrimental to both students and families.

In April, she requested a religious exemption to continue truthful communication with parents, but her request was turned down by APS. As per the lawsuit, if she refuses to follow the district’s directive, she may face an internal investigation, potential disciplinary measures, or even termination.

Martinez described the situation as damaging and unimaginable. She expressed her disgust at the thought of being forced to conceal such important information. An APS spokesperson, Martin Salazar, commented that the district does not discuss ongoing litigation but emphasized that the policy is designed to protect student privacy and ensure a safe learning environment.

Salazar added that they plan to respond to the allegations appropriately in court.

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