Parents Score Legal Victory Over N.J. School Gender Transition Policy
A New Jersey school district has agreed to permanently abandon a policy allowing school officials to withhold information about students' gender transitions from their parents, settling a federal lawsuit brought by the Thomas More Society on behalf of Moms for Liberty.
The School District of the Chathams Board of Education approved the settlement in a 7-0 vote Oct. 12, agreeing not to reinstate Policy 5145.7 or adopt a similar policy. The agreement, filed in U.S. District Court in New Jersey, also requires current and future district employees to receive copies of the settlement.
The Thomas More Society announced the agreement Tuesday, calling it a victory for parental rights following a lawsuit filed in August.
"No school has the authority to transition a child behind his or her parents' backs, and the Supreme Court made that unmistakably clear in Mirabelli," said Christopher Ferrara, senior counsel at Thomas More Society.
"This board told New Jersey parents the ruling didn't apply to them, kept its secret transition policy on the books, and forced families to go to federal court to protect their own children," Ferrara added.
The dispute centered on a policy adopted in 2024 that permitted school counselors to determine "whether, and to what extent, parents/guardians can be involved" when students requested recognition of a gender identity different from their biological sex.
At a June school board meeting, board President Ann Ciccarelli maintained that "the United States Supreme Court decision Mirabelli is not binding on public school districts in New Jersey."
The settlement represents a reversal of that position, with the district agreeing that any future policy adopted or mandated by the state must be "compliant with United States Supreme Court precedent."
The legal dispute follows the Supreme Court's March 2026 decision in Mirabelli v. Bonta, a California case involving parental notification and student gender identity. In a 6-3 ruling, the justices granted relief to parents challenging school policies that permitted officials to conceal students' gender transitions from their families.
The settlement also references Mahmoud v. Taylor, a separate Supreme Court parental rights case involving religious objections to LGBTQ-themed classroom instruction in Maryland public schools.
"The parents behind this case endured doxxing and harassment simply for asking their school district to respect their role as their children's primary educators," said Tina Descovich, CEO and co-founder of Moms for Liberty.
"Their perseverance has secured a promise that protects every family in the Chathams, and we hope school boards across the country take note," Descovich added.
According to Thomas More Society, the district began moving to rescind the policy after receiving a demand letter, but did not formally commit to permanently abandoning it until after the federal lawsuit was filed.
"Districts that choose to still hide children's gender transitions from their parents can follow the Chathams' lead and change course now, or they can explain themselves to a federal judge," Ferrara said.