Attacks on the rights of people who are transgender, gender non-conforming, and non-binary are increasing across the country at a devastating rate.
On the first day of his second term, President Trump began to issue a slew of executive actions targeting LGBTQ+ people, specifically trans people. Tragically, this is not a new phenomenon; throughout history, the trans community has continually faced violence, discrimination, and institutional barriers to equal participation in society, access to health care, opportunities for employment, and education because of their gender identity.
These pressures are particularly felt by trans youth in our state’s school systems. In recent years, New Jersey’s schools, following state guidance, have taken steps to protect the ability of students to choose for themselves when and how they come out to others, including their parents. Those policies and the state's guidance have been under attack – largely unsuccessfully – for several years.
In September, the ACLU of New Jersey filed an amicus brief with our partners in Heaps v. Delaware Valley Regional High School Board of Education, supporting school policies that create learning environments that respect the requested names and pronouns of transgender and other gender diverse students. We filed this brief to protect students and fight back against harmful policies that impede upon students’ safety and ability to learn.
In this case, the school district followed its policy and respected a student’s request to use a different name and pronouns than those listed on their school records. Their parent, who was unaware of the request, sued the school district, arguing that schools must refuse to use a student’s requested name and pronouns without their parent’s consent and are required to out students to their parents, even over a student’s objections.
Our brief explains why policies protecting students' confidentiality and privacy when it comes to their gender identity are so necessary. It also argues that these policies do not interfere with a parent's right to direct the upbringing of their child.
Students should feel fully empowered to decide where, when, and with whom they explore and express their gender identity. Policies like Delaware High School’s create a healthy environment that benefits all students – regardless of their gender identity – and affirm everyone’s autonomy, existence, and safety.
By ensuring every student has their identity respected, schools can create safe environments for all students to learn and flourish. In fact, research demonstrates that students who are addressed by their preferred name are healthier and perform better academically than those who are not. A 2018 study found that transgender youth who were called by their requested names and pronouns experienced 71% fewer symptoms of severe depression, as well as a 34% drop in reported suicidal thoughts and a 65% decrease in suicide attempts.
Today, on Transgender Day of Remembrance, we honor the transgender and gender diverse people who we have lost because of transphobic and transmisogynistic violence. Safety and justice are not radical ideas – they are fundamental rights everyone deserves.
We must work together so protections for trans people do not get taken away. Take the pledge today to support trans youth and ensure they can live authentically as themselves.
To learn more about trans rights in New Jersey, check out our Transgender Rights in New Jersey Following Trump's Executive Orders Know Your Rights page.
