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Judge to make decision on Monmouth County school districts' controversial transgender policy

Judge to make decision on NJ school districts' transgender policy
Judge to make decision on NJ school districts' transgender policy 02:19

MARLBORO, N.J. -- A controversial transgender policy is now in the hands of New Jersey judge. 

The attorney general's office is fighting three Monmouth County school districts who want teachers to notify parents if a student comes out as transgender.

Should teachers report a student's gender identity to their family? That's the decision a superior court judge is tasked with making and one that is stirring up heated debate in Monmouth County.   

"Until they are legal, 18 years of age legal, I think they need to do this," grandparent Jayne Weingarten said.

"I think that breaks a bond of trust between the two of them and allows for them to feel like school now is an unsafe space," said Brielle Winslow-Majette, with Garden State Equality.

Earlier this year, the Marlboro, Middletown and Manalapan-Englishtown school districts passed policies requiring parental notification if a student seeks a transgender accommodation. 

The attorney general immediately sued, arguing the policies would forcefully out students and cause irreversible harm.

LGBTQIA+ advocates agree. 

"Nearly half of every homeless child in America identifies at LBGTQ, and that's because they are coming from homes that don't accept them, and that's why it's important that schools don't force outings," said Christian Fuscarino, with Garden State Equality.

On Tuesday, both sides presented their case in court. 

Attorney General Matthew Platkin wrote in a statement, "Simply put, these policies violate our laws."

But members of Marlboro's school board say parental notification is not discriminatory. 

"To hide that from a parent, it's hiding a part of the identity of the person you created and that you loved, and I don't feel  intrinsically it's right," Marlboro Board of Education President Christina Russotto said.

District leaders say their goal is to bring families closer together and there are guidelines to protect children who feel endangered or at risk.

"The school district is not immediately calling the family to let them know. The first thing they are going to do is sit down with the child and with the school counselor to have a discussion and many discussions, if needed, to talk about how can we involve your family," said Valentina Mendez, with the Marlboro Board of Education.

The judge said he would issue a decision "shortly." Until then, an injunction preventing the policies from taking effect stays in place.

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