Lema v. Davenport

Amicus brief arguing in support of policies creating learning environments free from discrimination and harassment by respecting students’ gender identities.

On September 1, 2026, the ACLU of New Jersey alongside Education Law Center and Garden State Equality submitted an amicus brief in United States District Court for the District of New Jersey in support of school policies that create safe, supportive, and nondiscriminatory school environments for transgender and gender nonconforming students. In this case, plaintiffs have brought a challenge to five different school districts and the state government alleging that New Jersey’s policies respecting how students express their gender identity in school infringes on parents’ rights.

Our brief argues that, on their face, New Jersey’s policies protect the rights of students while already recognizing that there are circumstances where parents must be kept informed about their child, such as when it impacts the health and safety of the student. But nothing in the United States Constitution demands that schools have to proactively notify parents about their student's gender identity. We participated in this case to express that this attack on New Jersey's policies of respect towards transgender students has no basis in law.