Legal battle in New Jersey: Transgender policies pitting school districts against Murphy
🏳🌈 Battle continues over trans rights in school
🏳🌈 Gov. Murphy still seeks to block parental rights
🏳🌈 Schools argue parents have the right to know
The long-running battle between at least four New Jersey school districts and Gov. Phil Murphy's administration over transgender policies in school continues.
Attorney General Matthew Platkin sued four school districts that repealed a directive from the New Jersey Education Commissioner that banned schools from informing parents if a child changed gender identity in school.
Lawyers for Manalapan-Englishtown Regional, Marlboro Township, Middletown and Hanover Township school districts all argue their policies do not violate New Jersey's anti-discrimination laws.
They further argue the 14th Amendment guarantees the rights of parents to be informed about their child's behavior in school.
The Murphy administration argues outing a trans student to his or her parents could put their physical and mental health in jeopardy.
As a state appeals court heard arguments from both sides, that was a focus of questioning by judges to the attorneys for both sides.
READ MORE: Bombshell admission over NJ trans policy
Student Safety -vs- parental rights
The appellate judges were very pointed in their questioning about what would happen if a student who had changed gender identity express fears for their safety if their parents were told.
A lawyer for the Manalapan-Englishtown Regional, Marlboro Township, Middletown school districts told the judge they have a process in place that would determine if the students' concerns were "bona fide."
If the concerns represent a legitimate threat, the districts would then take steps to protect that student while still balancing the parents' right to know, the lawyer said.
A deputy state attorney general argued the policies were too vague and the policies would put children at risk.
LGBTQ+ rights groups have argued these policies are dangerous because LGBTQ+ students face a distressingly high-risk of mental health challenges and violence. Often those threats, they say, come from within their own families.
What happens next?
The appellate court did not signal when they will rule on the matter.
Many New Jersey school districts have already repealed provisions of the state policies regarding trans students arguing the rights of parents come before the rights of students.
First presented as mandatory, the Murphy administration was forced to admit it was actually guidance, and districts were permitted to reject such guidance as a whole.
The districts that are being sued by the state adopted the state's guidance, but then changed the policy, which is not permitted.
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