A New Jersey judge has granted a temporary injunction that prevents three Monmouth County school districts from implementing new policies that require parents to be notified when students request transgender or nonbinary accommodations.
Judge David F. Bauman’s decision comes in response to a request from the state for a preliminary injunction until the court case is resolved, marking a significant development in a contentious matter that has ignited debate across the Garden State and the country at large in recent months.
The Middletown Township, Marlboro Township, and Manalapan-Englishtown Regional boards of education adopted or modified policies in June that mandate staff to inform parents when students seek changes such as altering their names, using new pronouns, or requesting other accommodations related to gender. However, these policies have drawn legal challenges and contentiously divided opinions.
State Attorney General Matthew Platkin initiated legal action against the districts, arguing that the policies breach state discrimination laws and endanger gender non-conforming students.
The case has attracted opposition from various quarters, including concerned parents and Republican officials, who contend that parents possess the right to be informed and accuse Democratic Governor Phil Murphy’s administration of infringing upon parental rights.
The recent decision by Judge Bauman follows a two-hour hearing during which attorneys representing both sides presented their arguments.
As reported by NJ.com, Bauman’s ruling states, “The state has demonstrated a reasonable probability of success on its claim that the Amended Policies, if implemented, will have a disparate impact on transgender, gender nonconforming and nonbinary youth.”
Nonetheless, he emphasized that his current ruling does not constitute a final determination of the case’s merits.
Bauman expressed his hope for the state and school districts to find “a consensus of policy of parental disclosure that best strikes a legally appropriate and practical balance between protecting the civil rights of transgender, gender non-conforming, and gender non-binary students, and the well-settled right of parental oversight over the care and upbringing of their children.”
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Platkin hailed the judge’s decision as a “major victory for civil rights,” particularly for LGBTQIA+ students in the state.
Platkin asserted that the policies in question have recently altered the long-standing guidelines of the state’s Department of Education, which had been widely accepted until recent months.
The guideline mandates that school districts “accept a student’s asserted gender identity” and states that “parental consent is not required” to allow the student to transition at school.
Platkin purported in a press release that the state has always respected parental rights and insisted that the lawsuits seek to reinstate policies that were once accepted by these school districts.
“As the Superior Court correctly recognized, the State is ‘not targeting parental rights,’” Platkin said. “Indeed, the State has never sought and never will seek a ‘ban’ on parental notification. All our lawsuits seek to do is to reinstate the same policies these districts found acceptable with little protest for years.”
“Put simply, we can both keep parents informed about their children’s development and protect the civil rights of our most vulnerable students. Our laws require nothing less,” he continued.
Marc Zitomer, the attorney representing the Marlboro school board, expressed disappointment with the ruling, emphasizing the potential prolonged duration of the case’s resolution stating, it could “take years.”
“In the meantime, the school district is now severely constrained in its ability to notify parents about important issues involving their minor children, which is quite concerning on many levels,” Zitomer continued. “We are exploring our avenues for appeal.”
Governor Murphy, who resides in Middletown, shares his opposition to the policies. He views them as products of culture wars and contends that officials should not violate the constitutional and civil rights of young individuals grappling with the complexities of growing up.
Platkin’s office had previously secured a similar ruling this year in Morris County, where a Superior Court judge granted a temporary block on a policy requiring school staff to inform parents about their children’s gender identity and sexual orientation in the Hanover Township Board of Education and public schools.
As this battle rages across the country, parents must continue to fight for their rights with their children. It is not up to schools, institutions or government to raise our kids. Parents have the right to know what is happening with their children at school.
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