A Cherry Hill father has sued over district policy allowing students to change names, pronouns without parental consent

In the latest growing battle over parental rights in New Jersey, a Cherry Hill father has filed a lawsuit over a policy that doesn’t notify parents when transgender students change their name or preferred pronoun.

If successful, the federal lawsuit by Rick Short challenging the policy in the South Jersey school system could have statewide implications. He contends the guidelines, modeled after a state policy, violate his rights as a parent.

“I don’t agree with the policy,” Short said. “To me, it’s so out of whack that a parent doesn’t have the right to know what’s going on in their child’s life. I just want to know.”

Cherry Hill, the 12th-largest school system in the state with about 12,000 students, adopted what it described as a “student-centered” transgender policy in 2019 that accepts “a student’s asserted gender identity.” Parental consent is not required, according to the policy.

» READ MORE: Anti-trans policies in Pa. schools don’t just impact LGBTQ kids

“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,” according to the policy.

In the lawsuit, filed Oct. 12 in U.S. District Court in Camden, Short is seeking to rescind the policy or add a provision that requires parental involvement.

Barbara Wilson, a spokeswoman for the Cherry Hill district, declined comment, citing the pending litigation.

Many of New Jersey’s nearly 600 public school districts have used the state’s transgender policy, known as Policy 5756, to draft local guidelines. The policy has come under increasing criticism from parents and activists and some pushback from districts.

Earlier this year, three districts in Monmouth County and one in Morris County adopted or amended parental notification policies requiring educators to out students based on their gender identity.

Under polices approved by the Hanover Township, Middletown Township, Marlboro Township, and Manalapan-Englishtown Regional Boards of Education, staff must notify parents when gender-nonconforming students wish to change their names, be called by new pronouns, or request other accommodations.

New Jersey Attorney General Matthew J. Platkin filed civil rights complaints to block all four districts from implementing the policies, arguing the policies discriminate against LGBTQ+ students. He said the policies pose a threat to students’ safety and mental health

In the court filings, Platkin contends the policies violate the New Jersey Law Against Discrimination, which prohibits against discrimination on the basis of gender identity or expression. The cases are pending.

Christian Fuscarino, executive director of the Garden State Equality, a LGBTQ+ advocacy group, told 6ABC, that he couldn’t “understand why anyone would remove policies that are keeping kids safe.”

“We’re seeing local school boards pass essentially anti-LGTBQ policies,” Fuscarino said.

Districts around the country have been tackling the issue of student gender: The Perkiomen Valley School District in Montgomery County decided earlier this month to bar transgender students from using restrooms aligned with their gender identities. In California, a judge last week temporarily blocked a district policy requiring school staff to tell parents if their child asks to change their gender identification.

Short’s attorney, Thomas Stavola Jr., contends the Cherry Hill policy violates parent’s 14th Amendment right to supervise the upbringing and welfare of their children. The district has 21 days to respond to the lawsuit.

“It’s an important issue to discuss,” Stavola said.

» READ MORE: After voting down a similar policy, Perkiomen Valley passes restroom rule based on ‘anatomy at birth’

Short, who has three children enrolled at Cherry Hill West High School, said he would be uncomfortable with them meeting with guidance counselors to discuss their gender identity without a parent. He said he hopes the school can reach a “middle ground” that includes parents, counselors, and social workers.

“It’s just not right. They can technically live a double life and a parent wouldn’t know it,” Short said. “I would be mad at the school for hiding all of this stuff.”

According to the policy, if a parent or guardian objects to a student’s name change or pronoun to be used at school and in the student’s records, staff will consult the board’s attorney regarding the student’s civil rights. The policy says the student’s chosen name and pronoun should continue to be used.