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

A New Jersey school district is being sued due to its policy allowing students to change their name and gender identity at school without parent notification. This policy, set by the School District of the Chathams, permits students to alter their name in official records, access bathrooms and locker rooms matching their gender identity, and lets a school guidance counselor decide the extent of parental involvement.

The policy contradicts a Supreme Court ruling in Mirabelli v. Bonta from March, which granted an injunction against California for state policies that conceal students’ gender identities from parents as the case progresses through lower courts, explained Christopher Ferrara, senior counsel for the Thomas More Society, who initiated the lawsuit.

“The court clearly stated in the Mirabelli case, and similarly the Third Circuit, that parents have the standing to challenge such a policy that hides a gender transition from parents, regardless of the child’s actual transition status,” Ferrara expressed to Fox News Digital. “The Supreme Court stressed that parents are directly impacted by this policy.”

Supporters of parental rights in opting their children out of LGBTQ-related classes demonstrated outside the U.S. Supreme Court during a hearing in the Mahmoud v. Taylor case in Washington, D.C., on April 22, 2025.

According to Ferrara, the policy may have significant effects on students not intending to transition, as they could have to share locker rooms and bathrooms with the opposite sex. Tina Descovich, CEO and founder of Moms for Liberty, one of the plaintiffs, claimed students could face disciplinary actions for not adhering to peers’ preferred pronouns.

“The district policy could penalize students for not using another student’s new gender identity pronouns or name,” Descovich informed Fox News Digital. “Even an accidental slip may result in punishment, up to suspension, if done even once.”

The lawsuit, filed on August 24, involves Moms for America and two anonymous parents of elementary school-aged daughters. They argue the school violated First Amendment rights concerning free speech and religious freedom, along with the Due Process Clause of the 14th Amendment. It also claims parental rights violations sustained by the Supreme Court in Mahmoud v. Taylor, which affirmed parents’ ability to opt their children out of LGBT-centered lessons.

“The Supreme Court has twice ruled on these matters,” Descovich stated. “We understand parents must possess the right to opt-out of elements conflicting with their religious beliefs.”

The lawsuit and its claims were discussed at a school board meeting on June 15, 2026. Ann Ciccarelli, president of the Chatham School District Board of Education, remarked that the district wasn’t legally obligated by the Mirabelli decision but was bound to adhere to the New Jersey Department of Education’s 2018 guidelines on transgender students.

New Jersey Attorney General Matthew Platkin acknowledged to NJ Spotlight News that Policy 5756 is not mandatory, leading to confusion highlighted by Descovich.

“The guidance violates both Maribel and Mahmood,” Descovich mentioned. “Despite the overlap and confusion, the school board has a duty to uphold constitutional rights of the community, employees, students, and families, which it is failing to execute.”

Ferrara pointed out that parents vocal against the policy have faced threats and intimidation, noting one family necessitated police security at their home.

“Opposing these policies subjects you to intense public backlash from ideologues intolerant of conventional views,” Ferrara shared with Fox News Digital.

Elaine Mallon contributes to Fox News Digital and Fox Business, focusing on national politics.