HANOVER TOWNSHIP, N.J. (1010 WINS) — The New Jersey District Attorney’s Office filed a civil rights complaint Wednesday challenging the Hanover Township Board of Education over a new policy that would require school staff to out gay and trans students to their parents.
The rule, which was enacted Tuesday night, would force all school staff to “immediately, fully and accurately” inform a student’s parents of any “circumstances that may have a material impact on the student's physical and/or mental health.” Included in the list of circumstances that would warrant parental notification are sexuality, sexual orientation, transitioning, and gender identity or expression.
In addition to the civil rights complaint, the AG’s office filed an emergency motion for an injunction to prevent the policy from going into effect while the case makes its way through the court system.
The civil rights complaint claims the policy violates the New Jersey Law Against Discrimination, which prohibits discrimination on the basis of sexual orientation and gender identity or expression.
Attorney General Matthew Platkin argued that outing students to their parents could have a negative impact on children’s safety and mental health, and that it is a civil rights violation, which runs counter to the guidance from the Department of Education.
“We will always stand up for the LGBTQ+ community here in New Jersey and look forward to presenting our arguments in court in this matter,” said Platkin. “We are extremely proud of the contributions LGBTQ+ students make to our classrooms and our communities, and we remain committed to protecting them from discrimination in our schools.”
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Guidelines from the New Jersey Department of Education recommend staff respect the privacy and confidentiality of students’ gender identity and sexuality.
Republicans in Trenton say this suit from the AG should terrify every parent in the state, not just in this district. Senator Ed Durr says parents have the right to know.
“It is important for parents to have a say and a voice in their child’s life and their upbringing. And for the government to push back and say, 'No they don’t have that,' is wrong.”
Durr says what happens with this case could be a bellwether for what is and is not allowed at school districts throughout the state regarding gender identity and sexual preferences.
The new policy also includes a requirement to notify parents of any “substance use,” “alcohol use,” “firearms” or “unlawful activity.” These parts of the rule are not being challenged by the AG’s office, and the injunction the state is seeking would not impact these requirements.
The state has filed for a preliminary injunction to block the Hanover policy. No word yet on when court arguments will begin.
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