The New Hampshire Supreme Court on Friday upheld a lower court ruling that upheld a school district policy that “encouraged” officials not to inform parents of their child's “transgender status,” according to court documents.
The lawsuit, filed in 2022 by a local mother, alleged that the Manchester School District's rules violated her fundamental rights as a parent. According to The state Supreme Court, however, The verdict was given 3-1 This policy is not unconstitutional because it only encourages non-disclosure, not mandates it.
“The policy does not directly relate to a parent's ability to raise and care for their child,” Chief Justice Gordon MacDonald wrote in his ruling. “The policy encourages school officials not to disclose information that might reveal a student's transgender status, but contrary to the principal's arguments against the plaintiffs, the policy does not require non-disclosure.” (Related article: Vice Presidential candidate Harris endorses bill allowing states to take away custody of children from parents who oppose gender reassignment surgery)
BREAKING: The New Hampshire Supreme Court has ruled against a mother who sued over the Manchester School District's policy of keeping students' on-campus behavior secret from parents.
Backstory –>https://t.co/W1S24dLqLotranslation:
— NH Journal (@NewHampJournal) August 30, 2024
“We cannot conclude that any interference with parental rights that may result from non-disclosure is constitutional,” the ruling reads.
The plaintiff filed the lawsuit after learning that her minor child, known as MC, requested to be called by a different name at school. The mother then asked school faculty to call the child by the student's birth name and use pronouns consistent with MC's biological sex, but was told by the principal that faculty were “bound by school district policy” and therefore “could not disclose the student's preference to the parents, even if requested.”
“School personnel may not disclose to others any information that may reveal a student's transgender status or gender non-conforming expression, unless legally required or the student has authorized such disclosure,” the Manchester school district states. policy “Transgender and gender non-conforming students have the right to openly discuss and express their gender identity and expression, and to decide when, with whom, and to what extent their personal information is shared.”
Judge Melissa Beth Conway wrote in dissent, arguing that “accurate information in response to parents' inquiries about their child's gender identity is essential to a parent's ability to support and guide their child.”
Meanwhile, the American Civil Liberties Union of New Hampshire (ACLU-NH), which co-authored the amicus brief defending the non-disclosure policy, praised the Supreme Court's decision.
“We are pleased with the Court's decision, which recognizes what we already know: students deserve to be treated with dignity and respect and have the right to express themselves freely without fear of coercive exposure,” said Henry Klementowicz, deputy legal director of the ACLU-NH. statement“Removing Manchester School District's existing affirmative policies would create an environment where LGBTQ+ students feel unsafe being who they are.”
The Manchester School District also praised the decision, saying “the superintendent and district leadership are pleased with the Supreme Court's decision,” according to a press release shared with the Daily Caller News Foundation.
Schools across the country prohibit teachers from informing parents of their children's “gender identity.” California's Democratic governor, Gavin Newsom, signed a bill in July that lifted state requirements for schools to inform parents if a child changes their sex, gender identity, gender expression, or sexual orientation.
The New Hampshire Supreme Court did not immediately respond to a request for comment.
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