School District Policy Allowing Staff To Hide Kids’ ‘Gender Identity’ Doesn’t Infringe On Parental Rights, Court Rules

The New Hampshire Supreme Court affirmed a lower court ruling Friday that upholds a school district’s policy that “encourages” officials to not inform parents of their child’s “transgender status,” according to court documents.

The case, brought by a local mother in 2022, argued the Manchester School District’s protocol infringed on her fundamental rights as a parent, according to the filing. The state Supreme Court, however, ruled 3-1 that the policy is not unconstitutional because it only encouraged non-disclosure rather than mandating non-disclosure.

“The Policy does not directly implicate a parent’s ability to raise and care for his or her child,” Chief Justice Gordon MacDonald wrote in the decision. “It encourages school personnel to not disclose information that may reveal a student’s transgender status, but contrary to the principal’s assertion to the plaintiff, the Policy does not require non-disclosure.”

“We cannot conclude that any interference with parental rights which may result from non-disclosure is of constitutional dimension,” the decision read.

The plaintiff brought the case after discovering her minor child, referred to as M.C., had requested to go by a different name at school. The mother then asked the school’s faculty to refer to the child by the student’s birth name and use pronouns that align with M.C.’s biological