The New Jersey Superior Court has ruled to maintain an injunction against three Monmouth County school districts, preventing them from enacting policies that would have required the disclosure of transgender, nonbinary, and gender diverse students' identities without their consent. This decision is considered a significant win for transgender students and civil rights advocates.
The court found that such policies likely violate the New Jersey Law Against Discrimination and could cause irreversible harm by forcing students to reveal their gender identity prematurely. The ruling emphasized that these policies are discriminatory as they specifically target transgender and gender diverse youth. "Students should never face a different set of rules because of their gender identity or expression," the court stated.
Arguments suggesting that the injunction infringes on parents' rights under the 14th Amendment or federal and state student record laws were dismissed by the court. It was noted that current policies do not prevent parents or guardians from accessing student records.
This legal victory was achieved through the efforts of New Jersey Attorney General Matthew Platkin, the New Jersey Division on Civil Rights, and Lowenstein Sandler LLP, representing Garden State Equality and the ACLU of New Jersey as amici in this case. Their advocacy ensured that transgender and gender diverse students in New Jersey retain their right to privacy and equal treatment under the law.
Christian Fuscarino, Executive Director of Garden State Equality, expressed gratitude towards those involved in defending LGBTQ+ students' rights: “Today’s ruling affirms what concerned parents across the Garden State want: safe and affirming schools for all students." He highlighted that forced outings could endanger vulnerable young people rather than create safer schools.
Jeanne LoCicero, Legal Director of ACLU-NJ, remarked on the importance of this decision: “All students in our state deserve to feel safe, supported, and respected. Policies that target gender-nonconforming students violate anti-discrimination laws."
Natalie Kraner from Lowenstein Sandler LLP also praised the court's decision: “With increasing challenges to the rights of gender diverse individuals, we are pleased with the court’s decision halting school policies that require disclosure of students’ identities without their consent."
This ruling ensures that schools in New Jersey remain inclusive environments where all students can thrive without fear.
