The New Hampshire Supreme Court affirmed a lower court ruling Friday that upholds a school district’s policy that “encourages” officials to not inform parents of their child’s “transgender status,” according to court documents.

The case, brought by a local mother in 2022, argued the Manchester School District’s protocol infringed on her fundamental rights as a parent, according to the filing. The state Supreme Court, however, ruled 3-1 that the policy is not unconstitutional because it only encouraged non-disclosure rather than mandating non-disclosure.

“The Policy does not directly implicate a parent’s ability to raise and care for his or her child,” Chief Justice Gordon MacDonald wrote in the decision. “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.”

“We cannot conclude that any interference with parental rights which may result from non-disclosure is of constitutional dimension,” the decision read.

The plaintiff brought the case after discovering her minor child, referred to as M.C., had requested to go by a different name at school. The mother then asked the school’s faculty to refer to the child by the student’s birth name and use pronouns that align with M.C.’s biological sex, only to be told by the school principal that the staff was “held by the district policy” and could not “disclose a student’s choice to parents if asked not to.”

“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,” the Manchester School District policy reads. “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 dissented, arguing that “accurate information in response to parents’ inquiries about a child’s expressed gender identity is imperative to the parents’ ability to assist and guide their child.”

Meanwhile, the ACLU of New Hampshire (ACLU-NH), which co-authored a friend-of-the-court-brief defending the non-disclosure policy, praised the state Supreme Court’s ruling.

“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,” Henry Klementowicz, deputy legal director at ACLU-NH, said in a statement. “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.”

The Manchester School District also lauded the decision, saying, “the Superintendent and District leadership are pleased with the Supreme Court’s decision,” according to a press release it shared with the Daily Caller News Foundation.

Schools across the country have prohibited educators from notifying parents of their child’s “gender identity.” Democratic California Gov. Gavin Newsom signed a bill in July removing a state requirement that schools notify parents if their child changes their gender, gender identity, gender expression or sexual orientation.

The New Hampshire Supreme Court did not immediately respond to a request for comment.

Owen Klinsky
August 30, 2024

Featured Image Credit: Lucas Werkmeister

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