A school district in New Jersey is confronting legal action stemming from a policy that permits students to alter their name and gender identity on school records without informing their parents. The School District of the Chathams’ policy enables students to amend their name in official documents, choose bathrooms and locker rooms corresponding with their gender identity, while leaving the decision of parental involvement with the school guidance counselor.
The policy appears to conflict with a Supreme Court ruling, Mirabelli v. Bonta, which granted an injunction against California for policies that keep a student’s gender identity confidential from parents as cases progress through lower courts. Christopher Ferrara, senior counsel for the Thomas More Society, stated that parents are entitled to challenge such policies that conceal a child’s gender transition.
The court has clarified in the Mirabelli case, and similarly in the Third Circuit, that parents have the standing to object to policies hiding a gender transition from them, regardless of whether the child is transitioning, Ferrara told Fox News Digital.
Supporters of parents’ rights to opt out of LGBTQ content expressed dissent at the Supreme Court during arguments in the Mahmoud v. Taylor case in Washington, D.C., in April 2025. The case stemmed from objections to a Maryland public school district ending opt-outs for LGBTQ-related classroom content.
Descovich highlighted the risks for students not undergoing gender transitions, who might be compelled to share facilities with those of the opposite sex. Additionally, students who revert to using birth names or pronouns risk disciplinary actions per the school’s conduct code.
Tina Descovich, CEO and co-founder of Moms for Liberty, pointed out that students are disciplined for mistakenly using incorrect pronouns or names, with consequences up to suspension, even for unintentional errors.
Fox News Digital sought comments from the School District of the Chathams about the lawsuit. The plaintiffs include Moms for America and two anonymous parents of elementary school-age daughters who accuse the district of infringements against the First Amendment rights concerning free speech and religious liberties. Additional alleged violations stem from the Due Process Clause of the 14th Amendment and parental rights affirmed in a previous Supreme Court ruling in Mahmoud v. Taylor, allowing parental opt-outs.
Ann Ciccarelli, president of the Chatham School District Board of Education, remarked during a June 15, 2026 meeting that the district isn’t legally bound by the Mirabelli decision but adheres to a 2018 guidance from the New Jersey Department of Education on transgender students.
Matthew Platkin, New Jersey Attorney General, acknowledged that Policy 5756 isn’t obligatory, as reported by NJ Spotlight News.
The school must safeguard the constitutional rights of its community, employees, students, and families, which isn’t happening, according to Descovich.
Ferrara noted during discussions on Fox News Digital that public backlash has been directed at families opposing the policy, leading to incidents requiring police security outside homes.
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