Under the policy, students may also use bathrooms and locker rooms that match their gender identity, and a guidance counselor decides "whether, and to what extent" parents are involved in each case.

Attorney Christopher Ferrara of the Thomas More Society argues the rule violates the Supreme Court’s March decision in Mirabelli v. Bonta, which barred schools from keeping a child’s gender identity hidden from parents.

Moms for Liberty CEO Tina Descovich says the policy could punish a student with up to suspension for using the wrong pronoun or name, even if the mistake is accidental.

The lawsuit, filed on Aug. 24, claims the district’s actions breach the First Amendment, religious liberty, and the Due Process Clause of the 14th Amendment, and it cites the Supreme Court’s Mahmoud v. Taylor ruling that lets parents opt out of LGBT‑focused lessons.

School board president Ann Ciccarelli responded that the district is not bound by the Mirabelli decision and must follow New Jersey’s 2018 Department of Education guidance on transgender students.

The case matters because it pits a local school policy against recent Supreme Court precedents, raising questions about how far schools can go when parents claim a constitutional right to direct their children’s upbringing.