Fox News has reported on a lawsuit involving a school district in New Jersey. The legal action challenges a policy allowing students to change their name and gender identity at school without parental notification. Under the School District of the Chathams’ rules, students can alter their names in official school records and use facilities that align with their gender identity. School guidance counselors determine the extent of parental involvement in these situations.
This policy has raised concerns in light of the Supreme Court’s earlier decision in Mirabelli v. Bonta. The ruling issued an injunction against California over state guidelines that maintain confidentiality of students’ gender identities from parents, pending lower court proceedings. Christopher Ferrara, senior counsel for the Thomas More Society, informed Fox News Digital about the legal basis for parental standing to contest such policies.
“The court has made clear in the Mirabelli case, and the Third Circuit has a decision along the same lines, that parents have standing to challenge a policy like this, which would hide a gender transition from the parents,” Ferrara stated.
Concerns highlight potential repercussions, including students sharing locker rooms and bathrooms with members of the opposite sex. Tina Descovich, CEO and founder of Moms for Liberty, another plaintiff in the lawsuit, added that students might face disciplinary action for not using preferred pronouns of fellow students.
“They have a policy in the school district that will actually punish children that don’t use the demanded new gender identity pronoun and name of another student,” Descovich conveyed to Fox News Digital.
The lawsuit, filed on August 24, involves Moms for America and anonymous parents of elementary school-aged daughters. The complaint alleges violations of First Amendment rights to free speech and religious liberty, as well as Due Process under the 14th Amendment. The policy is also accused of conflicting with the Supreme Court’s ruling in Mahmoud v. Taylor concerning parental opt-out rights for LGBT-focused lessons.
On June 15, 2026, a school board meeting included comments from Ann Ciccarelli, School District Board of Education president. She stated the district must follow the New Jersey Department of Education’s 2018 guidance concerning transgender students.
Attorney General Matthew Platkin acknowledged Policy 5756 is not mandatory. Descovich criticized the policy for infringing on constitutional rights.
“The guidance violates both Maribel and Mahmood,” Descovich noted, labeling the situation confusing and pressing for protection of rights.
Ferrara reported threats and intimidation against parents objecting to the policy, stressing that a family required police security due to backlash.
“You basically are going to be subjected to a vicious public backlash by ideologues,” Ferrara commented.
Elaine Mallon writes for Fox News Digital and Fox Business, focusing on national politics.
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