This is the underlying question presently being considered in New Jersey schools as a result of an administrative complaint filed on June 21, 2023 by the New Jersey attorney general, with the New Jersey Division on Civil Rights. Platkin v. Marlboro Township Board of Ed., (Aug. 18, 2023). However, even before a fact-finding evidential hearing commenced, the attorney general sought to enjoin three school districts from enforcing their amended policies, adopted by the school districts on June 20, 2023. The amended policy would require the school to notify a student’s parents of the student’s transgender identity or expression when the student requests that their parent or guardian not be notified. Put plainly, if a student says “don’t tell my parents,” pursuant to the school’s amended policy, the school must tell the parents, unless doing so would “pose a danger to the health or safety of the student.” The attorney general contended that such a policy violated the New Jersey Law Against Discrimination (LAD).

The Marlboro School District’s brief, in opposition to the injunction, contended that a parent’s constitutional right to liberty “includes the right to direct the education and upbringing of one’s children,” and that the U.S. Supreme Court “has recognized the fundamental rights of parents to make decisions concerning the care, custody, and control of their children.”

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