An Albuquerque social worker has filed a federal lawsuit against Albuquerque Public Schools, alleging that a district policy requiring staff to conceal students' gender identities from parents violates her First Amendment rights.

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The case highlights growing legal and ethical disputes over school policies that limit parental involvement in students' gender identity decisions. Across the country, school districts have adopted a range of approaches to handling student requests related to gender identity, with some prioritizing student privacy and others emphasizing parental notification. The Albuquerque case adds to a series of legal challenges testing the boundaries of these policies and the rights of both students and school personnel.

Jeanette Martinez, the plaintiff and a district social worker, claims the policy—known as Procedural Directive PJ30—compels her to mislead parents and act against her religious beliefs. The directive instructs staff to use a student's legal name and birth-assigned pronouns when communicating with parents, unless the student or parent specifies otherwise. Martinez says her repeated requests for a religious accommodation to be honest with parents were denied by the district.

Details of the Lawsuit

Martinez, represented by the Center for American Liberty, argues that PJ30 infringes on her free speech and religious freedom under the First and 14th Amendments. The lawsuit seeks a federal court order declaring the policy unlawful and blocking its enforcement. Mark Trammell, general counsel at the Center for American Liberty, described the policy as a "conspiracy to lie to parents" and called it "so clearly unconstitutional."

"The parent should be the one providing the stability, the guidance, and the love."

— Jeanette Martinez, social worker

Martinez said her concerns intensified after an incident involving a 10-year-old boy with a history of mental health challenges who wanted to use the girls’ restroom. She alleges school officials began treating him as a girl without further assessment and planned a transgender identity presentation for his class. Martinez criticized the school’s approach as "just way too passive," recalling that staff were told not to question a student's stated gender identity. She contends that this approach not only conflicts with her personal and religious beliefs but also raises questions about the adequacy of support and assessment for young students navigating complex identity issues.

The lawsuit also contends that the district's policy places staff in a difficult position, forcing them to choose between following district directives and adhering to their own moral or religious convictions. Martinez asserts that her role as a social worker is to support both students and families, and that withholding information from parents undermines trust and collaboration.

School District and Training Response

The policy was reinforced during an April 21 training led by the Transgender Resource Center of New Mexico, where staff were advised not to use a student's chosen pronouns in front of parents unless parental approval was confirmed, to "protect the safety at school." According to Martinez, the training emphasized the importance of maintaining student privacy, particularly in cases where disclosure to parents could potentially put students at risk.

Albuquerque Public Schools declined to comment on the pending litigation. Martin Salazar, the district's senior director of communications, stated, "We will address the allegations in court, using the appropriate process." The Transgender Resource Center of New Mexico did not respond to requests for comment.

The district's policy reflects a broader trend in public education, where schools are increasingly called upon to balance student privacy with parental rights. Supporters of policies like PJ30 argue that they are necessary to protect students who may not feel safe coming out to their families. Critics, however, argue that such policies undermine parental authority and can conflict with the personal beliefs of school staff.

Martinez’s attorney referenced the Supreme Court’s recent decision in Mirabelli v. Bonta, which upheld an injunction against a California policy requiring school staff to withhold students' gender identities from parents. The Court granted only preliminary relief, leaving similar policies in place in some states. Trammell said he expects the Supreme Court will eventually address the merits of such cases and provide nationwide guidance.

The lawsuit comes amid a broader national debate over parental rights, student privacy, and the role of schools in gender identity issues. Supporters of policies like PJ30 argue they protect students' safety and privacy, especially for those who may face rejection or harm at home. Critics contend these policies undermine parental authority and constitutional rights, and place school staff in ethically challenging positions.

Legal experts note that federal courts are divided on the issue, with some rulings favoring student privacy and others emphasizing parental involvement. The outcome of Martinez's case could have implications for school districts nationwide as they navigate the evolving legal landscape surrounding gender identity, student rights, and the responsibilities of educators.

As the case proceeds, it is likely to draw attention from advocacy groups on both sides of the debate, as well as from educators and policymakers seeking clarity on how to address the needs of transgender and nonbinary students while respecting the rights of parents and school staff. The federal court's decision may help shape future policies and set a precedent for how similar disputes are resolved in other districts.