New Jersey School District Faces Lawsuit Over Name and Gender Identity Policy

A school district in New Jersey is currently facing legal action regarding a policy that permits students to modify their name and gender identity at school without informing their parents.

According to the School District of the Chathams’ policy, students can update their names in official school records and use bathrooms and locker rooms that correspond to their gender identity. Additionally, it is the discretion of the school guidance counselor to determine “whether, and to what extent” parents should be involved in these decisions.

This policy contradicts a recent Supreme Court ruling in the case of Mirabelli v. Bonta, which established an injunction against California’s state policies that keep students’ gender identities confidential from parents while the matter is still being resolved in lower courts. Christopher Ferrara, a senior counsel for the Thomas More Society, which filed the lawsuit, pointed this out.

Ferrara stated that the court clearly established in the Mirabelli case—and similarly in a related Third Circuit decision—that parents have standing to challenge such policies that obscure a gender transition from them, regardless of whether their child is actively transitioning. He emphasized that the reason parents have standing is because they are directly impacted by this policy.

“The policy essentially ensures that this critical information is hidden from them,” Ferrara explained. “Whether or not their child is transitioning, they have the right to object to this. There’s always a concern that a child might feel pressured—be it from peers, teachers, or social media—to conform to this fleeting trend and identify with a gender that isn’t the biological one their parents feel is inherent and unchangeable.”

He also mentioned potential repercussions for students who aren’t actually looking to transition but could still be required to share facilities with those of the opposite sex.

Tina Descovich, the CEO and founder of Moms for Liberty—which is one of the plaintiffs—claimed that students who refuse to use preferred pronouns for their peers could face disciplinary measures as per the school’s code of conduct.

“The district has a policy that could discipline students for simply not using a fellow student’s requested pronoun or name,” Descovich remarked. “A single mistake could lead to serious consequences, even suspension, if they use the wrong name or pronoun related to someone’s gender identity.”

Fox News Digital sought comments from the School District of the Chathams regarding the lawsuit.

In addition to Moms for America, the lawsuit includes two anonymous parents of elementary-aged daughters as plaintiffs. They claim the school has infringed on their and their children’s First Amendment rights, particularly in terms of free speech and religious freedom, alongside violations of the Due Process Clause under the 14th Amendment. Furthermore, they allege breaches of parental rights as defined in the Supreme Court ruling in Mahmoud v. Taylor, which affirmed parents’ rights to opt their children out of LGBTQ-focused lessons.

During a school board meeting on June 15, 2026, the president of the Chatham School District Board of Education, Ann Ciccarelli, stated that the district felt it wasn’t legally obligated to follow the Mirabelli ruling and would adhere instead to New Jersey’s Department of Education guidelines from 2018 regarding transgender students.

New Jersey Attorney General Matthew Platkin noted that Policy 5756 isn’t compulsory, according to NJ Spotlight News.

Descovich reflected on the broader implications, saying, “The guidance clearly violates both Mirabelli and Mahmoud decisions. It creates confusion, but ultimately, the school board must uphold the constitutional rights of its community, which it is currently failing to do.”

Ferrara noted that since parents began voicing their objections to the policy, there have been reports of threats and intimidation against them, including one family requiring police protection at their residence.

“This is the kind of backlash you face when opposing these policies,” he said. “You can expect to encounter considerable public hostility from those who are intolerant of what they perceive as common viewpoints on these matters.”