In a landmark decision, New Hampshire’s highest court affirmed a policy from the Manchester School District that supports keeping transgender students’ identities private from their parents unless the students give explicit consent. On a 3-1 vote, the New Hampshire Supreme Court sided with the district, ruling that the policy does not violate parental rights as outlined by the state’s constitution.
This ruling marks a significant development, as it is the first state supreme court decision on the contentious issue of school policies regarding the privacy of transgender students. The case, brought by a mother identified only as Jane Doe, contested the district’s 2021 policy which mandates that school staff cannot disclose a student’s gender identity to parents without the student’s permission.
Jane Doe initiated legal action after discovering that her child had requested to be recognized by a name and pronouns associated with a gender different from the one assigned at birth. She argued that the school’s policy infringed upon her right to raise and care for her child as guaranteed by the state constitution. However, the court found that the policy merely encourages non-disclosure and does not compel students to conceal their identities.
Chief Justice Gordon MacDonald noted that the policy’s encouragement of non-disclosure does not constitute a violation of constitutional parental rights. He emphasized that while the mother has the right to parent her child, this right does not extend to controlling the specifics of how the child is addressed in school.
The ruling was met with praise from LGBTQ rights organizations, including GLAD and the American Civil Liberties Union, which had supported the policy’s upholding. In contrast, Justice Melissa Beth Countway dissented, arguing that transparency about a child’s gender identity is crucial for parental support and guidance.
The case, Doe v. Manchester School District, reflects ongoing debates about the balance between parental rights and the privacy of transgender students within educational environments.
