09/02/2026
This week, we joined ACLU-NJ in filing an amicus brief in Lema v. Davenport, a federal court case seeking to overturn New Jersey‘s protections for trans and gender diverse students.
The lawsuit’s chief complaint concerns the fact that NJ does not require schools to forcibly out LGBTQ+ students to their families. Last year the NJ Superior Court ruled that such a requirement would likely violate the NJ Law Against Discrimination.
This new challenge comes in the wake of the U.S. Supreme Court’s shadow docket decision in Mirabelli v. Bonta, which concerned an anti-outing law in California.
“We are confident that New Jersey's policies are entirely aligned in legal compliance with the NJ Law Against Discrimination, as well as serving, with zero reported negative effects, to protect LGBTQ+ students’ rights, safety and health.
We're looking forward to the court affirming that NJ's policy is not in violation of any rights of parents, and we hope that caregivers are creating safe and inclusive homes for LGBTQ+ youth." - Lauren Albrecht, Sr. Director of Advocacy & Organizing at Garden State Equality
“There is no legal basis for this attack on New Jersey’s policies that respect the rights and privacy of transgender and gender non-conforming students.
We urge the Court to recognize the responsibility New Jersey has under the law protect the health and safety of all of its students, regardless of their gender identities.” - Ezra Rosenberg, Director of Appellate Advocacy for ACLU-NJ
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