Editor’s Note: This post has been updated to include a response from the Hanover Township school board and comments from Gov. Phil Murphy.
The New Jersey Attorney General won an emergency stay against Hanover Township Board of Education and public schools on Friday when a Superior Court judge agreed to temporarily block implementation of a district policy that would require school staff to notify parents of their children’s gender identity and sexual orientation, his office announced.
The temporary injunction prohibiting implementation of the policy was granted in New Jersey Superior Court in response to an emergency motion filed on Thursday by Attorney General Matthew J. Platkin and Sundeep Iyer, Director of the Division on Civil Rights.
Gov. Phil Murphy commended the Superior Court’s ruling on Friday.
In response to a constituent tweet supporting the self-described “Parental Notificiation Policy,” Murphy said, “requiring school staff to ‘out’ LGBTQ+ students to their parents is wrong.”
“Coming out is a personal decision,” Murphy, a Democrat, continued. “We won’t allow government-mandated ‘outing’ that puts the health of our young people at risk.”
The Attorney General also released a statement on Friday, saying his office was, “gratified that the Superior Court has temporarily prohibited the Hanover Township Board of Education from implementing its policy requiring school staff to out LGBTQ+ youth to their parents.”
“That prohibition will remain in effect until the court has an opportunity to hear argument from the parties on May 30. We look forward to presenting our argument to the Court then,” Platkin said.
The Hanover Township Board of Education called Platkin’s statement “wholly premature” on Friday, arguing the judge has yet to consider both parties’ legal arguments. Only after that will there be a ruling “on the actual merits of the case,” the board said in response to Platkin.
The board also described Platkin’s characterization of its proposed policy as “a complete fabrication” stating it “treats all of its kindergarten to eighth grade students — including its LGBTQ+ students — in the exact same non-discriminatory manner.”
“The Board’s Parental Notification Policy is in full accord with U.S. Supreme Court precedent, which has consistently recognized parents’ fundamental Constitutional right to direct their children’s upbringing — against which state interference with family matters are not condoned,” the board said.
Both parties are expected to be heard in state Superior Court on May 30.
The Attorney General’s office has also filed a civil rights complaint challenging the district’s policy, arguing that it violates the state’s Law Against Discrimination because it discriminates based on sexual orientation or gender identity or expression, requiring parental notification for lesbian, gay, bisexual, transgender, or queer students but not for their peers. The policy would also jeopardize students’ safety and mental health and goes against guidance from the New Jersey Department of Education, which protects students’ confidentiality and privacy, the complaint argues.
According to the Attorney General’s office, the new policy calls for all school staff to “immediately, fully and accurately inform a student’s parent(s) whenever such staff member is made aware of, directly or indirectly, any facts or circumstances that may have a material impact on the student’s physical and/or mental health, safety and/or social/emotional well-being,” including, among other things, a student’s “sexuality,” “sexual orientation,” “transitioning,” and “gender identity or expression.”
In a previous statement, the board said the policy did not target students based on any protected status, but requires staff to notify administrators and parents when they become aware of anything that may impact a student’s well-being.
The contested policy lists 30 issues, including peer, academic, or athletic pressure, school performance, anxiety, depression, fatigue, isolationism, preoccupation with anti-social music, sexual activity, sexuality, sexual orientation, transitioning, gender identity or expression, and familial/cultural challenges.
Under the Law Against Discrimination, sexual orientation and gender identity or expression are protected statuses.
The statement concluded: “The Hanover Township Board of Education believes that parents need to be fully informed of all material issues that could impact their children so that they – as parents – can provide the proper care and support for their children.”
The state is not challenging the policy’s requirements for parental notification related to “substance use,” “alcohol use,” “firearms,” or “unlawful activity.”
The K-8 district serves about 1,300 students in Whippany and Cedar Knolls in Morris County.
The district’s policy has been described as alarming and discriminatory by LGBTQ advocacy groups, the American Civil Liberties Union of New Jersey, and the state’s largest teachers union.
Staff Writer Tina Kelley contributed to this report.
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Jackie Roman may be reached at jroman@njadvancemedia.com.