The first of many New Jersey school boards are now facing legal action
Momentum is building across New Jersey toward finally ending Policy 5756, the Transgender Student Guidelines that keep parents in the dark about their child’s gender identity at school. One of the biggest hurdles in these cases has always been legal standing. This means plaintiffs must show they were directly harmed by the policy. That hurdle is now being overcome in a separate case from New Jersey before the Third Circuit Court of Appeals, Heaps v. Delaware Valley Regional School District, where a student was socially transitioned by the school without the father’s knowledge.
The challenge is compounded by the fact that even when parents do have standing, lawsuits often take years to move through the courts. By the time a case reaches a final decision, the child may have already graduated, thereby allowing the State to argue that the family is no longer being harmed. This delay tactic is made easier by the State’s virtually unlimited taxpayer-funded legal resources, which can stretch litigation far beyond what most families can endure.
But this week brought a major development. Our friends at the Thomas More Society filed a new lawsuit against the Westwood Board of Education, arguing that keeping a child’s gender identity secret from parents—as Policy 5756 requires—is a direct violation of parents’ constitutional rights even when the child is not transgender. Their case relies on the recent U.S. Supreme Court action that upheld a Ninth Circuit injunction requiring California schools to inform parents about their child’s gender identity while the full case continues.
This is another significant step toward restoring transparency, accountability, and parental rights in New Jersey schools. If you have a child in public school and are interested in potentially adding your name to upcoming litigation to challenge Policy 5756, please let me know! Simply reply to this email for more information.
In the meantime, please forward the information about our upcoming School Board Summit on Saturday, April 18 to interested school board members or those seriously considering running this year for their local board of education.
