New Jersey schools may face legal challenge over gender policy

The Thomas More Society has issued a demand letter to the Westwood Regional School District Board of Education in New Jersey, calling for the repeal of its gender policy and arguing it violates constitutional protections.

The letter, sent on behalf of a parent with a child, challenges the district's Transgender Guidance Policy 5756, which requires school staff to use a student's asserted name and pronouns without mandatory parental notification. The law firm called the policy a “flagrant illegality.”

If the district does not comply, the Thomas More Society said it will seek an injunction similar to the one it obtained against California in Mirabelli v. Bonta.

“No school district has a right to secretly ‘transition’ children to another gender,” Christopher Ferrara, senior counsel at Thomas More Society, said. “Parents send their children to school every day trusting that the district is in partnership with them, not working around them. Policy 5756 destroys that trust.”

District officials confirmed it received the demand letter but declined to comment further.

“Our Board members received the letter, and we have shared it with our district counsel,” Superintendent Patrick McQueeney said in an email to The Center Square.

The Thomas More Society has given the board 20 days from March 25 to rescind the policy and ensure compliance with federal law or face potential federal litigation.

Earlier this month, the U.S. Supreme Court ruled 6-3 in Mirabelli v Bonta that California school policies violated the constitutional protections given to parents.

The decision vacated a stay issued by the U.S. Court of Appeals for the 9th Circuit that blocked enforcement of a lower district court injunction.

The case challenged guidance critics described as “gender secrecy” policies, which allowed school officials to withhold information from parents regarding a student’s change in name or other gender-related identity.

After the court’s ruling, Paul M. Jonna, special counsel for the Thomas More Society, told The Center Square that this ruling has implications beyond California, arguing that similar policies nationwide are unconstitutional.

The office of California Attorney General Rob Bonta said it is continuing to pursue modifications to the injunction.

“We filed our motion with the Ninth Circuit to ensure that the injunction that is now in place is consistent with the U.S. Supreme Court’s decision,” the office told The Center Square. “That decision made clear that states can limit disclosures where abuse would result.”

Bonta’s office added that after the 9th Circuit denied its request, it filed a motion on March 19 in district court seeking to modify the injunction.