On June 15, Ann Ciccarelli, president of the Board of Education for the School District of the Chathams, New Jersey, read a statement into the record. The Supreme Court's decision in Mirabelli v. Bonta, she said, "is not binding on public school districts in New Jersey." She pointed to state guidance instead. The policy at issue lets staff decide whether a student's parents hear about a social transition.

I've spent three decades advising clients on what the law demands of people who hold a fiduciary duty on someone else's behalf. A trustee who told a beneficiary that a Supreme Court fiduciary ruling didn't bind him because his state regulator saw it differently wouldn't survive a deposition. Ms. Ciccarelli made the same argument. Only the asset is someone else's child, not someone else's money.

Chatham, NJ's Policy 5145.7 tracks New Jersey guidance. It lets staff use a student's chosen name and pronouns, keep a transition confidential, and refer the student to outside advocacy groups, all without requiring notice to parents. The complaint adds that it provides access to facilities and sports based on gender identity. In August, Moms for Liberty sued in federal court, represented by the Thomas More Society, which prevailed in the Mirabelli case. The complaint says the policy defaults to non-disclosure: a counselor "will assess whether, and to what extent, parents/guardians........

© Townhall