Court case highlights parental rights in gender identity issues

🔴 NJ father sues school for keeping gender identity a secret
🔴 Fed Appeals Court will hear the case
🔴 Could set precedent for what parents are told

A New Jersey father's lawsuit against a Hunterdon County school district over the gender identity of his daughter has reached a U.S. Appeals Court and could set a precedent in the Garden State and beyond.

The father, who has not been identified to protect his minor child, claims the Delaware Valley Regional School District did not inform him that his daughter asked to be referred to by a male name and pronouns.

His argument was that by failing to inform him of the child's request to be identified as male, it impeded his ability to provide medical and psychological care for his daughter.

The suit claims that is a constitutional violation of parents' rights.

A lower court rejected the father's claim.

Murphy administration/school defend policy

New Jersey Attorney General Matt Platkin, also named in the lawsuit, continues to defend a controversial policy that urges schools not to notify parents of a child's change in gender identity.

Platkin has argued that to do so could put the safety of a transitioning child in jeopardy.

A lawyer representing the Delaware Valley Regional School District also defended not informing the father of the change in gender identity and claims the law is not entirely clear.

"The Constitution does not resolve how to balance the rights of parents, high school students, and staff when a student seeks to socially transition at school by is too afraid to tell their parents," the school's lawyer said in a statement.

The school district argues the question should be decided by the Legislature.

What happens next?

The case is now before the U.S. Court of Appeals for the Third Circuit.

The issue of parental rights and gender transition has been a controversial one since Gov. Phil Murphy's administration first revealed a policy that banned schools from informing parents of a student's wish to change gender identity.

Platkin has sued multiple districts that refused to enforce that policy. Some of those suits are still pending.

Depending on how the Appeals Court rules, it could have a wide-ranging effect on those cases and similar cases in New Jersey and in other states.

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