The New Hampshire Supreme Court recently upheld a lower court’s decision in favor of a policy by a school district that suggests staff should refrain from informing parents about their child’s transgender identity, as detailed in court records.
A mother from the area initiated a lawsuit against the Manchester School District in 2022, claiming that the district’s guidelines infringed upon her essential parental rights, per the legal documents. Despite her claims, the Supreme Court decided 3-1 that the policy does not violate constitutional rights since it promotes discretion rather than enforcing it.
Chief Justice Gordon MacDonald, in the court’s opinion, stated, “The Policy does not directly implicate a parent’s ability to raise and care for his or her child. It encourages school personnel to not disclose information that may reveal a student’s transgender status, but contrary to the principal’s assertion to the plaintiff, the Policy does not require non-disclosure.”
The ruling further notes that potential parental right infringements due to nondisclosure do not reach a constitutional level.
The lawsuit emerged after the plaintiff learned that her minor child, identified as M.C., had expressed a desire to be recognized by a different name at school. Upon requesting the school’s staff to use the child’s birth name and biologically aligned pronouns, the mother was informed by the school principal that due to district policy, staff were unable to share a student’s expressed preference with parents, if the student wished it to remain confidential.
The Manchester School District’s policy states, “School personnel should not disclose information that may reveal a student’s transgender status or gender nonconforming presentation to others unless legally required to do so or unless the student has authorized such disclosure. Transgender and gender nonconforming students have the right to discuss and express their gender identity and expression openly and to decide when, with whom, and how much to share private information.”
Justice Melissa Beth Conway offered a dissenting opinion, emphasizing the necessity for parents to receive correct information about their child’s gender identity for effective guidance and assistance.
The ACLU of New Hampshire (ACLU-NH), which submitted an amicus brief in support of the non-disclosure policy, commended the Supreme Court’s affirmation. Henry Klementowicz, deputy legal director at ACLU-NH, remarked, “We are pleased with the court’s decision to affirm what we already know, that students deserve to be treated with dignity and respect and have a right to freely express who they are without the fear of being forcibly outed. Removing the Manchester School District’s existing, affirming policy would have created an environment where LGBTQ+ students don’t feel safe being who they are.”
Nationwide, schools are increasingly adopting policies that deter educators from disclosing a student’s “gender identity” to their parents. Notably, California Governor Gavin Newsom, a Democrat, signed legislation in July abolishing a state requirement for schools to notify parents if their child alters their gender, gender identity, gender expression, or sexual orientation.