Middletown School District Leaders Respond To Transgender Injunction

MIDDLETOWN, NJ — It remains unknown what next steps the Middletown Board of Education will take in its battle with the state of New Jersey over the issue of transgender students.

On Tuesday morning, Middletown school board vice president Jacqueline Tobacco said NJ Attorney General Matt Platkin is taking a "premature victory lap." And Middletown BOE lawyer Bruce Padula hinted the school district may appeal the injunction placed on the district from the courts.

Marlboro school board lawyer Marc Zitomer said this week Marlboro may appeal, as well.

But as of Tuesday no appeals have been filed. Marlboro BOE 'Considers Options' After Court Puts Trans Policy On Hold (Aug. 22)

Superior Court judge David Bauman ruled Friday that Middletown — along with Marlboro and Manalapan-Englishtown school districts — cannot enact their transgender student policies once the school year begins in September.

Hon. Bauman issued a temporary injunction against the three school districts while the legality of their transgender student policies is determined in the courts — a process Zitomer warned could take months or even years.

An injunction is a court order that prevents someone from doing something.

All three Monmouth County school districts passed similar versions of policies that require teachers notify parents if a child seeks to change their name in school, go by a new pronoun or use a different bathroom, locker-room or play on a sports team than the one that matches their birth gender.

AG Platkin's office called the injunction "a major victory for civil rights — especially the civil rights of our state’s LGBTQIA+ students."

"The Attorney General is taking a premature victory lap before this case was actually decided," said Tobacco, who helped write Middletown's policy. "The state's position is preventing some of the most vulnerable students from receiving the support they need from parents and mental health counselors, and eroding trust between parents and our district."

"We strongly disagree with the court’s ruling and believe there are several grounds for appeal," said lawyer Padula.

In his decision, Judge Bauman said all three policies could be viewed as discriminating against transgender students, children and teens.

Hon. Bauman wrote that lawyers for the state of New Jersey made a "reasonable" argument that "the amended policies, if implemented, will have a disparate impact on transgender, gender nonconforming and nonbinary youth."

Middletown BOE President Frank Capone is adamant that he does not see what the Middletown school district is doing as discrimination.

"Notifying parents about issues affecting their children is not discrimination," said Capone.

"The Board policy provides for parental notification in specific circumstances: (1) when a student formally changes their student record, (2) when a student wants to participate in a club or sport of a different gender, (3) when a student wants to use the bathroom of a different gender, and (4) when students are referred for mental health counseling," said Capone. "Parental involvement in a student's education is paramount. I ask Attorney General Platkin, when is it permissible to notify parents? Wouldn’t you want to know your child is struggling with their identity?”

Both Capone and Tobacco are seeking re-election to the Middletown school board this November, joined by new running mate Catarina Skalaski.

Judge Rules Middletown Cannot Enact Trans Student Policy (Aug. 19)