The School District of the Chathams is being sued in federal court by Moms for Liberty over Policy 51 45.7, adopted in January 2024, which the plaintiffs say lets students change names and gender designations at school without parental notice. Moms for Liberty argues the policy violates parents' 14th Amendment due‑process rights; the district says it is following New Jersey law and anti‑discrimination guidance. The case cites the U.S. Supreme Court's injunction in Mirabelli v. Bonta but the high court has not ruled on these policies' merits. Federal judges will now decide how parental rights, student privacy, and state law intersect.
Federal Court to Decide Lawsuit Over NJ School Privacy Policy for Transgender Students
Privacy policy for transgender NJ students goes before federal court
A federal lawsuit filed by the conservative group Moms for Liberty challenges the School District of the Chathams' policy on student privacy and gender identity. The suit targets New Jersey Policy 51 45.7, adopted in January 2024, arguing the policy restricts parental notification and improperly shields information about students' gender transitions.
What the Lawsuit Says
Moms for Liberty contends the policy allows students to change their school name and gender designation without informing parents, gives school counselors discretion over what is disclosed to families, and permits disciplinary action against students who use a classmate's birth‑sex name or pronouns. The plaintiffs say these practices violate parents' due‑process rights under the 14th Amendment.
"The issue here is that they are completely overriding parental rights and they are hurting children in the process," said Alex Bougher of Moms for Liberty. "These parents that are named in our lawsuit, who are Moms for Liberty members, are asking to be told things ahead of time, to have an option of an opt‑out, to not change things on school records without parental consent, and to not force a child to use language that is not in their religious beliefs."
District Response
School District of the Chathams board president Ann Ciccarelli has defended the policy, saying the district is required to follow state and federal law and New Jersey's anti‑discrimination rules. Ciccarelli disputed that a recent U.S. Supreme Court action in a California case is directly controlling for New Jersey districts.
"The United States Supreme Court decision in Mirabelli is not binding on public school districts in New Jersey," Ciccarelli said. "It addressed an injunction pertaining to a California school district policy and did not make any substantive findings but simply indicated whether the plaintiffs in that case had a likelihood of success on certain claims. What is binding on the School District of the Chathams is the New Jersey law against discrimination."
Moms for Liberty disputes that interpretation. "She is completely incorrect. Supreme Court rulings on federal guidance on constitutional rights apply nationwide. So it is most certainly binding on New Jersey," Alex Bougher said.
Legal Context and Next Steps
The filing follows the U.S. Supreme Court's action in Mirabelli v. Bonta, in which the Court granted an injunction against similar California policies that kept students' gender identities confidential from parents. The Supreme Court has not issued a ruling on the policies' substance, only on preliminary relief in that different case.
The New Jersey case will proceed in federal court, where judges will weigh competing claims about parental rights, student privacy, and the interaction between federal constitutional protections and state anti‑discrimination obligations.
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