FREEHOLD, NJ – In an ongoing court case between the State of New Jersey and three Monmouth County school districts, attorneys for Governor Phil Murphy argued that a child as young as five years old has the right to keep their sexual orientation private. They stated that schools are not obligated to notify parents of such matters.
This issue arose during a court hearing where Judge David Bauman questioned state lawyers about the age protections under the new LAD anti-discrimination law.
Judge Bauman inquired, “If a child as young as five asks to use the bathroom of a different gender, what would the school do?”
State attorneys responded by saying that informing the child’s parents about their decision would be a violation of state law.
“We don’t believe in keeping secrets from parents,” countered Marlboro School District attorney Marc Zitomer.
State lawyers contended that the policies of Middletown and Marlboro School Districts, which involve notifying parents, are in clear violation of the law. They urged the court to issue an injunction preventing school districts from informing students’ parents about their children’s actions within public schools.
The state is taking legal action against these districts and has warned of a potential reduction in state funding should they fail to align with the governor’s new anti-discrimination policies.
Democrats throughout the state have praised the governor’s policy, while Republicans are optimistic that this issue will boost their chances in more districts come November.