Social worker sues after she says she refused to conceal students’ gender transitions from parents

A New Mexico social worker is suing Albuquerque Public Schools (APS) over a policy she says requires school personnel to conceal students' gender transitions from their parents.

The Center for American Liberty filed a lawsuit in federal court on behalf of Jeanette Martinez, a licensed clinical social worker. Martinez said the district is forcing her to keep parents in the dark regarding their children's social gender transitions, violating her First Amendment rights to free speech and religious freedom.

Martinez, who has worked as a social worker for more than a decade, supports special-education students at Atrisco Heritage Academy High School. Her role requires routine communication with parents regarding academic, behavioral, and special-education needs. As a practicing Christian, Martinez said her deeply held religious convictions prohibit her from lying or intentionally concealing the truth.

BLUE STATE SCHOOL DISTRICT ACCUSED OF DEFYING SUPREME COURT, HIDING GENDER TRANSITIONS FROM PARENTS

School safety programs are collecting students' emails, messages, and web activity on their personal devices. (Sebastian Willnow/picture alliance via Getty Images)

"There was an incident that I was present for where, within two hours, a student verbally decided he was male and wanted to be female," Martinez told Fox News Digital. "Within that meeting, a school team decided right then that because he expressed wanting to be the opposite sex, they would go ahead and choose his new name as the opposite sex."

"They even decided how they were going to introduce his new name to his classmates," Martinez added, noting that school officials also discussed training first-grade students on how to interact with a classmate identifying as the opposite gender.

Under APS Procedural Directive PJ30, staff are instructed to use a student's preferred name and pronouns for internal records, documents and interactions. However, when communicating with parents unless the student or parent has specified otherwise, staff are directed to use the student's legal name and the pronoun corresponding to the student's gender assigned at birth.

FIRST ON FOX: SCHOOL LIED, HID DAUGHTER'S GENDER TRANSITION UNDER DISTRICT POLICY, PARENTS ALLEGE

The Center for American Liberty filed a federal lawsuit Sept. 17 against APS on behalf of Jeanette Martinez, a licensed clinical social worker who alleges that the district is forcing her to conceal students' social gender transitions from their parents in violation of her First Amendment rights. (Getty Images)

The lawsuit alleges that the rule forces employees into a "conspiracy to lie" when parents ask direct questions about their children.

"My job as a social worker is to bring the family together, not to tear them apart," Martinez told Fox News Digital. "To sit there in a parent-teacher conference and try to articulate issues as a mental health provider while participating in that deception is not in the best interest of the student or the family."

In April, Martinez formally requested a religious accommodation that would allow her to communicate truthfully with parents. APS denied the request. According to the lawsuit, Martinez now faces internal investigation, disciplinary action, or potential termination if she refuses to comply with the directive.

TRUMP DOJ EXPANDS RELIGIOUS LIBERTY PROTECTIONS AFTER MAJOR SUPREME COURT RULINGS

A practicing Christian, Martinez said her faith requires her to tell the truth. (Smith Collection/Gado/Getty Images)

"It's damaging. It's horrible. It doesn't work. It's unimaginable, to be honest," Martinez said.

Albuquerque Public Schools spokesperson Martin Salazar told Fox News Digital that the district does not comment on pending litigation. However, district guidance notes that the policy is intended to foster a safe learning environment and protect student privacy.

CLICK HERE TO DOWNLOAD THE FOX NEWS APP

"We will address the allegations in court, using the appropriate process," Salazar said.

Joshua Q. Nelson is a reporter for Fox News Digital.

Joshua focuses on cultural trends, education, and public policy. He extensively covered reparations developments across the U.S., the Department of Education, and immigration issues.

Joining Fox News Digital in 2019, he previously graduated from Syracuse University's Maxwell School of Citizenship and Public Affairs and received the University of Pennsylvania's Wharton Public Policy Certificate.

Story tips can be sent to joshua.nelson@fox.com and Joshua can be followed on Instagram, Twitter and LinkedIn.