New Jersey Governor Challenges School Districts' Transgender Policies

Created: JANUARY 25, 2025

The New Jersey governor's administration has initiated legal action against three school districts—Middletown, Marlboro, and Manalapan-Englishtown Regional—over newly implemented policies concerning transgender students. These policies, approved on Tuesday, mandate that parents be notified if their child adopts a different name, pronouns, or uses a bathroom inconsistent with their biological sex.

State Attorney General Matt Platkin filed lawsuits against the districts, arguing that these policies jeopardize the safety and well-being of transgender, gender-nonconforming, and non-binary students. He contends that "outing" these students can lead to mental health risks, physical harm, and even increased suicide risk, thereby undermining the districts' responsibility to foster a safe and supportive learning environment. Platkin further stated that these policies violate New Jersey's Law Against Discrimination, which protects transgender children as a class.

Phil Murphy in 2021

Middletown's Board Counsel, Bruce W. Padula, countered that the policy is not discriminatory and treats all students equally. He maintains that parents should be informed about all aspects of their child's school life, including changes in official records or requests for counseling, regardless of the student's gender identity. He emphasized that this is not an "outing" policy but rather a matter of parental awareness and involvement.

The policies in Marlboro and Manalapan-Englishtown contain similar provisions, although they differ slightly in terms of notification triggers and the involvement of school personnel. For instance, Marlboro's policy stipulates that the principal or designee will communicate with the student before discussing their gender identity with parents. In Manalapan-Englishtown, notifications to school professionals, who would then inform parents, are triggered by student requests for gender-related accommodations.

Matt Platkin

The lawsuits also assert that these district policies contradict the New Jersey Department of Education's policy on transgender students, which discourages parental notification regarding student activities at school. The Murphy administration is seeking a temporary restraining order to prevent the policies from taking effect.

Child with transgender flag

Marlboro's school board attorney, Marc Zitomer, stated that the district disagrees with the assertion that its policy is discriminatory or inappropriate. He argued that keeping parents uninformed about significant matters concerning their children is counterproductive and violates established legal precedent affirming parents' rights to guide their children's upbringing.

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