A New Jersey appellate court has upheld an injunction blocking three New Jersey school districts from implementing policies that require parental notification, over a student’s objection, when the student asks to be called by a different name or pronouns or to use a different bathroom at school. 

The Court found that these policies likely violate the New Jersey Law Against Discrimination and potentially cause irreparable harm to transgender and gender diverse students. It rejected the argument that the injunction violated parents’ rights under the 14th Amendment or federal and state student record laws, noting that current policies do not prevent parents or guardians from accessing student records.

Natalie Kraner, partner and Legal Director of the Lowenstein Center for the Public Interest, says: “With increasing challenges to the rights of gender diverse individuals, we are pleased with the court’s decision halting school policies that require disclosure of students’ identities without their consent and recognizing the significant harms that forced outings can cause transgender and gender non-conforming students.”

In addition to Kraner, the Lowenstein team included Catherine Weiss, Julie Minicozzi, Anish Patel, and Nina Rodriguez.

From its founding, Lowenstein Sandler has been committed to advancing the public interest and serving communities in need. The Lowenstein Center for the Public Interest embodies this commitment, directing the firm’s strong pro bono program and other forms of civic and philanthropic engagement. Through these efforts, the center addresses significant social problems and offers meaningful assistance to low-income and other marginalized people, along with the organizations that advocate for and support them. This work engages the full range of the firm’s talents and reflects the core values that imbue all of the firm’s efforts: to perform work of the highest quality in a manner that maximizes results for our clients and causes.

News 12 and NJ.com covered the decision. (subscription required to access NJ.com article)