The fight to protect transgender students’ rights in New Jersey

The growing influence of the “parents’ rights movement” is sparking heated debates in school districts across the country, with policies protecting transgender and gender-nonconforming students at the center of the controversy. Supporters of these policies argue that they are crucial for safeguarding vulnerable students, while opponents contend that they infringe on parental rights.

In New Jersey, the movement, which has also campaigned against critical race theory, sex education, and pro-LGBTQIA+ books in schools, has contributed to the repeal of transgender protections in more than 18 school districts statewide. Parents and advocacy groups worry that this is not only diverting focus from pressing issues such as teacher shortages, student mental health, and learning recovery in the aftermath of the pandemic, but also encourages Board of Education candidates to use transgender rights as political bait in their campaigns.

Medical professionals and LGBTQIA+ advocates fear that the rollback of these protections could fuel a worsening mental health crisis among vulnerable youth.

“I’ve seen too many children that have attempted suicide, and it’s heartbreaking,” said Louise Walpin, a retired psychiatric advanced practice nurse and LGBTQIA+ rights activist based in South Brunswick, New Jersey. 

She pointed to findings from the Trevor Project’s 2023 U.S. National Survey, which revealed that 41% of LGBTQIA+ youth seriously considered attempting suicide in the past year. The rates are even higher among transgender and nonbinary youth, with roughly half reporting similar struggles.

A post-pandemic surge in opposition

At the heart of the controversy is Policy 5756, which provides New Jersey schools with guidelines to support transgender and gender-nonconforming students. A key provision of the policy safeguards a student’s right to privacy, ensuring that schools do not disclose changes in name, pronouns, or other gender-affirming steps to the child’s family without their consent.

Implemented in 2017, the policy faced little opposition until the pandemic, when backlash against Gov. Phil Murphy’s COVID-19 mandates—such as mask requirements and remote learning—mobilized conservative groups into action. These groups, many of which coalesced under the broader “parental rights movement,” began targeting LGBTQIA+ protections in schools.

“They’re targeting a very small population of people, and the odds are very good that they don’t even have a transgender child. This is none of your business, but you just want to harm trans kids,” said Lauren Albrecht, director of advocacy and organizing at Garden State Equality, a statewide LGBTQIA+ advocacy organization.

The parental rights movement has gained traction through groups such as Moms for Liberty, New Jersey Project, and Chaos and Control. These organizations leverage platforms such as podcasts, Substack newsletters, and Facebook groups to amplify their messaging. Posts often employ inflammatory rhetoric, accusing LGBTQIA+ advocates of “grooming” and branding inclusive education materials as “pornography.”

One recent post on the New Jersey Project News Facebook group accused teachers who display Pride flags and “I am safe” stickers of engaging in “predatory behavior.”

Critics of Policy 5756 argue that it deliberately keeps parents uninformed about their children’s lives, framing it as an affront to parental authority. Advocates, however, stress that the policy aims to protect students in potentially unsafe environments.

“They say that it’s to try to keep secrets from parents. Nothing could be further from the truth,” Walpin said. “The only thing that the policy says is that there’s no affirmative duty to notify a parent right away.”

Fighting back

Michael Gottesman, a retired attorney and the founder of the New Jersey Public Education Coalition (NJPEC), created the organization after enduring harassment for attending Board of Education (BOE) meetings and speaking out for student rights.

“I was name-called things like pedophile, groomer, disbarred attorney, mentally unstable. And I realized this is why people on our side aren’t speaking up, because of this campaign of bullying, intimidation, and harassment,” Gottesman said.

NJPEC monitors parental rights groups, tracks BOE elections, and advocates for student protections. Its primary mission, however, is to prepare progressive candidates to challenge conservatives in local elections.

Organizations such as Garden State Equality and the American Civil Liberties Union-NJ have also stepped in, offering legal support to school districts grappling with attempts to repeal protections for transgender and gender-nonconforming students.

“It’s about supporting the community, to provide resources, to gauge needs and fill them, and to consistently innovate the programming and resources that we offer to meet the moment,” said Albrecht, outlining Garden State Equality’s goals.

Grassroots initiatives such as Shiv’s Third Eye and Desi Rainbow focus on fostering community well-being, particularly for LGBTQIA+ youth.

“Trans kids and nonbinary kids face struggles so much more pronounced and complicated that they themselves need time to figure that out. If we try and force them out, it’s cruel,” said Shilpa Kulkarni, the founder of Shiv’s Third Eye. Kulkarni established the group in memory of her son, Shiv, who identified as gay and died by suicide in 2021.

Legal battles heat up

While some districts have repealed Policy 5756, four districts—Hanover Township, Middletown, Marlboro, and Manalapan—replaced it with policies mandating parental notification, effectively outing transgender students. This prompted New Jersey Attorney General Matthew J. Platkin to file civil rights complaints in state Superior Court, citing the New Jersey Law Against Discrimination.

“In NJ, we’re steadfast in our commitment to protecting LGBTQ+ youth from discrimination. We’re fighting back against new policies requiring school staff to out LGBTQ+ students to their parents—policies that will endanger our students’ health and safety,” Platkin posted on X in June 2023.

Although courts temporarily blocked these policies, the districts are pursuing legal challenges despite community concerns about escalating legal costs.

On Nov. 19, a three-judge panel in Newark heard arguments from attorneys representing the districts, the state, and the ACLU. The ruling could set a statewide precedent for handling similar policies.

Edison’s marathon debate

Edison, the fifth-largest school district in New Jersey with a significant Asian American and Pacific Islander (AAPI) population, became a battleground in this fight. On Sept. 30, the Edison BOE voted 5-3 to repeal Policy 5756 after just minutes of discussion. The motion, not listed on the meeting agenda, violated the Open Public Meetings Act, according to NJPEC.

The decision drew immediate backlash, prompting BOE President Biral Patel and Superintendent Edward Aldarelli to issue clarifications, stating that policy changes require two votes. This set the stage for a contentious seven-hour meeting where advocacy groups and community members rallied to defend the policy.

Organizations such as Desi Rainbow, Shiv’s Third Eye, AAPI New Jersey, and NJPEC joined parents, students, and alumni to highlight the policy’s significance in protecting vulnerable students. Many shared personal stories and cited alarming statistics, including data from the Trevor Project indicating that 40% of AAPI LGBTQIA+ youth seriously considered suicide in 2021.

“Whether you, members of the board, or other parents in our community like it or not, kids including AAPI youth struggle with identity,” Sona Baker, a parent based in Edison, said at the meeting. “These fears, particularly when children feel alone, can lead to concerning outcomes.”

Opponents, citing “parental rights” and Christian values, argued for the policy’s repeal, often using inflammatory language. Some accused it of promoting gender dysphoria and pedophilia.

“It’s more than just not notifying parents. … What happens when a male goes into a girls’ restroom, rapes her, and then she gets pregnant?” a masked man said during the meeting, while recording attendees on a personal camera. “At the end of the day, pride is a sin.”

Ultimately, the overwhelming support for the policy persuaded two board members to reverse their votes, saving it—for now. 

November BOE elections brought changes, with two policy defenders losing their seats. The newly elected members—Ralph Errico, Jingwi “Jerry” Shi, and Ronak Patel—campaigned under the slogan “Edison Students First.” One of the items on their agenda prioritizes support for “parental rights,” raising concerns about another repeal attempt.

“Basically, I’m assuming that there will be another process triggered,” said Aruna Rao, the founder of Desi Rainbow, a nonprofit organization for South Asian LGBTQIA+ people and their families. 

Advocates are bracing for more challenges, especially as the next Trump presidency looms, but they remain steadfast.

“Our work doesn’t begin and end with an administration,” Albrecht said. “There are going to be times where it evolves, there will be times when it’s more challenging. But it’s always rewarding, it’s always important, and it doesn’t stop.”

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