School social worker sues Albuquerque Public Schools over policy requiring concealment of student gender transitions from parents

Center for American Liberty files suit on behalf of licensed clinical social worker challenging APS policy under First Amendment

ALBUQUERQUE, N.M. – The Center for American Liberty filed a federal lawsuit today against Albuquerque Public Schools (APS) on behalf of Jeanette Martinez, a licensed clinical social worker who says the district is forcing her to conceal students’ social gender transitions from their parents in violation of her First Amendment rights.

Martinez works at Atrisco Heritage Academy High School, where she provides social work and school support to special-education students. Her job requires her to communicate with parents about their children’s academic, behavioral, and special-education needs. Martinez is also a practicing Christian whose sincere religious beliefs prohibit her from lying, deceiving others, or intentionally concealing the truth.

“Any policy that forces teachers and staff to deceive parents and conceal information from them is not only unacceptable but unconstitutional,” said Mark Trammell, CEO of the Center for American Liberty. “Jeanette’s job is to support children and families, not keep parents in the dark. The First Amendment does not allow the government to force her to keep secrets from parents as a condition of keeping her job.”

APS Procedural Directive PJ30 allows students to socially transition at school without parental notice or involvement. According to the lawsuit, employees must use a student’s preferred name and pronouns at school but generally must use the student’s legal name and birth-sex pronouns when communicating with an uninformed parent unless the student authorizes disclosure. The policy also prohibits employees from telling parents about the transition, even when a parent asks a direct question.

In April, Martinez requested a religious accommodation from PJ30, including permission to communicate truthfully with parents about their children. APS denied the request. Martinez now faces investigation, discipline, or termination if she refuses to comply.

As the lawsuit explains, the First Amendment does not permit APS to condition Martinez’s public employment on her willingness to conceal important information from parents about their children or violate her religious beliefs. The complaint brings claims for viewpoint discrimination, compelled speech, and violation of the Free Exercise Clause.