A New Jersey father, Frederick Short, has initiated legal proceedings against his local school district, Cherry Hill Public Schools, over a policy that allows students to identify as transgender and change their name or preferred pronoun without parental notification.
Short, who has three children in the district, has described the policy as "out of whack," arguing that it infringes upon parents' Fourteenth Amendment rights.
"I dont agree with the policy," Short expressed to the Philadelphia Inquirer. "To me, its so out of whack that a parent doesnt have the right to know whats going on in their childs life. I just want to know."
The lawsuit, filed in federal court earlier this month, asserts that the policy violates the rights of parents to make health care decisions for their children. Short and his legal team are seeking either a revocation of the policy or an amendment that would allow for parental involvement.
The lawsuit also implicates state Board of Education officials, accusing them of advising school districts to withhold a transgender student's identity from their parents.
The policy in question, implemented by Cherry Hill Public Schools in 2019, states, "A transgender student shall be addressed at school by the name and pronoun chosen by the student, regardless of whether a legal name change or change in official school records has occurred."
In the event of a parent or guardian objecting to the student's name change or the pronoun used in school records, staff are instructed to consult the board's attorney regarding the student's civil rights. However, the policy maintains that the student's chosen name and pronoun should continue to be used in school.
The lawsuit criticizes the policy for promoting "deceit," arguing that confidential discussions about gender identity should occur within the family circle.
Thomas Stavola Jr., Short's attorney, cited a similar case in the Kettle Moraine School District in Wisconsin, where a judge ruled that the schools violated parental rights by allowing a minor student to change their gender identity at school without parental consent. Stavola also referenced several mental health professionals who testified about the benefits of parental involvement in providing health care to transgender children and the risks associated with children leading a double life between home and school.
"They can technically live a double life, and a parent wouldnt know it," Short told the Inquirer. "I would be mad at the school for hiding all of this stuff."
Short expressed his hope for a "middle ground" that includes parents, counselors, and social workers in decisions regarding a student's preferred gender or name. Stavola echoed this sentiment, stating that parents should be presumed fit to raise their children unless there is clear evidence to the contrary, according to NJ.com.
The school district has 21 days to respond to the lawsuit, which could potentially lead to a US Supreme Court case. The Post has contacted Cherry Hill Public Schools and the state Department of Education for comment.
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