the fight over gender and lgbtq issues in schools is playing out in the courts a state Superior Court Judge today heard arguments over a controversial new policy approved by the Hanover Township School Board many see it as pitting lgbtq rights versus what's been dubbed parental rights by requiring School staff to notify parents of the gender identity and sexual orientation of lgbtq plus students it's one in a wave of actions Public School leaders across the state have taken that Advocates call an attack on transgender and gay youth senior correspondent Brenda Flanagan was in the courtroom and has the latest Brenda Brianna Hanover's new policy would force staff to out lgbtq students to their families without their permission the Attorney General of New Jersey says that's illegal it's discriminatory and he's filed a complaint with New Jersey's division on civil rights now while that case plays out the Attorney General went to Superior Court to ask the judge to stop Hanover from implementing the policy with a couple weeks left in the school year lgbtq kids in Hanover schools could face irreparable harm if the court lets teachers and staff tell parents about kids sexual orientation or gender identity that's one argument Deputy Attorney General James Michael made to judge Stuart minkowitz noting we're not asking your honor to determine whether the policy violates the law against discrimination or only asking for the status quo to be maintained for the current policy to stay in place while the new policies merits get debated elsewhere an lgbtq advocate from Hanover has explained there's not enough acceptance by their peers and by their parents sometimes and kids trans kids and queer kids who are struggling who are questioning who don't feel good about themselves that's a really dangerous thing for their mental health and well-being but Hanover Board of Education attorney Matthew giacobi argued the new policy supports parents constitutional rights that's the parents rights they have a right to understand what's going on in their child's life we're not talking about outing children to the public a small crowd that gathered in the courtroom to support Hanover's new policy agreed but the real issue here is parental rights children are children they're minors minors cannot consent we're putting children in a lot of danger making decisions that they cannot possibly be able to make what the school board is doing is responding to the parents concerns and I have sat in on as a spectator at Hanover School District and this is across the state parents want to know that their schools are not going to include them and that their rights matter many conservatives across New Jersey and Nationwide have cited parental rights and efforts to ban School library books but Hanover is the only New Jersey district so far to require outing lgbtq students although Colts Neck could follow suit setting up another legal battle if other districts are considering similar policies they should know that if they run afoul of our laws we will be stepping in judge minkowitz listed several concerns about Hanover's policy for example it Forces Staff to report even second-hand information or face discipline and he said it's subjective asking if a kindergartner wore a unicorn shirt how would the teacher interpret that rather than rule on an injunction he let the current temporary pause continue and ask both sides to explore ways to perhaps enact part of the policy they both agreed to talk about it I can't speculate so let them talk and let's see what happens always good to have an open dialogue and especially when it comes to parents parental rights attorneys from both sides will meet later this week to discuss the matter and if they can't reach an agreement the judge will issue a ruling in Morristown I'm Brenda Flanagan NJ Spotlight news back to you Bree all right thank you Brenda [Music]