
A New Jersey school district is being sued over a policy that allows students to change their names and gender identities at school without their parents being notified — a practice critics say conflicts with recent Supreme Court action on parental rights.
The lawsuit, filed Aug. 24 against the School District of the Chathams Board of Education, challenges a policy that allows students to use a different name and pronouns and access bathrooms and locker rooms consistent with their gender identity. School counselors can also determine “whether, and to what extent” parents are involved when a student adopts a different gender identity at school.
Moms for Liberty and two anonymous parents of elementary school-aged daughters are plaintiffs in the case. They argue the policy violates parents’ and students’ First Amendment rights to free speech and religious liberty, along with parental rights protected by the 14th Amendment.
Christopher Ferrara, senior counsel for the Thomas More Society, which filed the lawsuit, argues the policy runs afoul of the Supreme Court’s March action in Mirabelli v. Bonta, a case involving California policies that restricted schools from informing parents about a child’s gender transition without the child’s consent.
“The court has made clear in the Mirabelli case … that parents have standing to challenge a policy like this, which would hide a gender transition from the parents,” Ferrara told Fox News Digital.
In Mirabelli, the Supreme Court lifted a stay of an injunction protecting the parent plaintiffs while the broader legal dispute continues. The Court concluded that the parents were likely to succeed on their Free Exercise and Due Process claims.
Moms for Liberty co-founder and CEO Tina Descovich raised another concern, alleging students could face disciplinary action if they refuse to use another student’s preferred name or pronouns.
“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 said.
The lawsuit also cites Mahmoud v. Taylor, the Supreme Court’s 2025 parental-rights decision involving LGBTQ-themed books in elementary schools. In that case, the Court ruled that parents who objected to the material on religious grounds were entitled to a preliminary injunction allowing them to have their children excused from the instruction while their case proceeded.
“The Supreme Court has ruled twice on these issues,” Descovich said. “We know that parents have to have a right to opt out of things that violate their religious beliefs.”
The Chathams district has previously defended its approach. At a June school board meeting, Board of Education President Ann Ciccarelli said the district was not legally bound by the Mirabelli decision and instead was required to follow New Jersey Department of Education guidance regarding transgender students.
That disagreement is now at the center of the federal lawsuit: whether the district’s efforts to protect a student’s gender identity at school unlawfully interfere with parents’ constitutional rights.
Ferrara said the dispute has also become increasingly heated in the community. He alleged that parents who have spoken out against the policy have faced threats and intimidation, including one family that received police security outside its home.
“This is what happens when you oppose these policies,” Ferrara said.