A New Jersey school district lawsuit is challenging a policy that allows students to change their name and gender identity at school without notifying parents, according to attorneys for the plaintiffs.
Under the School District of the Chathams policy, students can request name changes in official records and use bathrooms and locker rooms aligned with their gender identity. The policy gives school counselors discretion over whether, and to what extent, parents are involved in the process.
Christopher Ferrara, senior counsel with the Thomas More Society, which filed the suit, said the policy conflicts with the U.S. Supreme Court’s March ruling in Mirabelli v. Bonta. In that case, the Court granted an injunction against California policies that kept students’ gender identities confidential from parents while litigation proceeds in lower courts. Ferrara said the ruling, along with a Third Circuit decision, affirms parents have standing to challenge policies that conceal a student’s gender transition at school.
Ferrara also argued the district’s rules affect students who are not transitioning, noting they could be required to share facilities with students of the opposite sex.
Moms for Liberty CEO and co-founder Tina Descovich, whose organization is a plaintiff, said the district’s code of conduct could discipline students who do not use a peer’s preferred pronouns or chosen name, adding that consequences could include suspension even for a single incident.
The complaint, filed Aug. 24, lists Moms for America and two anonymous parents of elementary school-aged daughters as plaintiffs. They allege violations of First Amendment free speech and religious liberty rights, the 14th Amendment Due Process Clause, and parental rights they say were affirmed in the Supreme Court’s Mahmoud v. Taylor decision, which determined parents can opt their children out of lessons centered on LGBT content.
At a June 15, 2026 board meeting, Chatham Board of Education President Ann Ciccarelli stated the district was not bound by Mirabelli and would instead follow the New Jersey Department of Education’s 2018 guidance on transgender students. New Jersey Attorney General Matthew Platkin has acknowledged that Policy 5756, the state guidance, is not mandatory, according to public statements reported by local media.
Descovich said overlapping guidance and court rulings have created confusion, but she argued the district must safeguard constitutional rights for families, students, and employees.
Ferrara said parents who spoke out against the policy have faced threats and intimidation, and that one family received police protection outside their home.
New Jersey school district lawsuit cites recent court rulings
The plaintiffs point to Mirabelli v. Bonta and Mahmoud v. Taylor as the legal foundation for their claims while the district maintains it is following state education guidance. The School District of the Chathams did not immediately respond to a request for comment.
