‘It’s very powerful’: New Hampshire ruling protects trans kids from being outed

When Nico Romeri came out as transgender at 14 years old, he first shared the news with his closest friends and a therapist. The private conversations he had outside of the home helped him feel more comfortable to then approach his parents, who supported his transition. If anyone else had revealed his gender identity to his family on his behalf, he said it would have been disruptive to his coming out process.

“I really wanted to have a one-on-one discussion with them, where they knew I trusted them and they trusted me,” Romeri said. “Having that break of trust before you’re confident enough to tell other people is a huge deal.”

A recent ruling helps ensure that other trans students will have the protection to come out to their families when they’re ready. The case came about in May 2022 after a New Hampshire mother inadvertently learned from a teacher that her child used a different name and pronouns in school. The parent argued that the school policy, which advises school personnel not to disclose a student’s transgender status, infringed upon her ability to raise her child as she sees fit. Along with his mother, Heather, Romeri joined an amicus brief in support of the school policy.

In August, the New Hampshire supreme court upheld a lower court’s ruling on the school district policy, affirming trans and gender nonconforming students’ rights to privacy concerning their gender identities and presentation at school. The decision is the first such ruling to come out of a state supreme court, and according to Chris Erchull, senior staff attorney at GLBTQ Legal Advocates & Defenders, the ruling could set guidance for other states and federal courts fighting similar cases.

“When there’s no US supreme court precedent, federal courts have to look around at what other courts are saying for precedent,” said Erchull. “So it is going to be very powerful and persuasive.”

Erchull, who filed an amicus brief in the case, said it was critical for students to have a supportive framework that allows them to explore their gender identity in school.

“It’s not a public school teacher or administrator’s place to make a decision about how and when to talk to families about these really intimate, sensitive matters,” he said. “It is in the best interest of everyone if the information comes from the student when the student is ready, on the student’s own terms.”

Policies on LGBTQ+ students’ right to privacy varies by school district throughout the nation. In 2015, the New Hampshire school board association issued a model policy to protect the privacy of trans students and to prevent discrimination, which was adopted by 48 of 196 school districts and charter schools, according to a 2020 ACLU New Hampshire report.

The policy was rescinded in 2022 due to conservative pushback, but some school districts, including Manchester, the largest in the state, continue to advise school personnel not to share a trans or gender nonconforming student’s identity to others without the child’s consent. In July, California became the first state to ban school district policies that require staff to notify parents when a child changes their name or pronouns.

Revealing a child’s gender identity or sexual orientation to their family when they’re not ready can lead to suicide and the child getting kicked out of their home, he added. LGBTQ+ youth are 120% more likely to experience homelessness than their cisgender and heterosexual counterparts.

For Heather Romeri, it is crucial that students make their own choices about who they disclose their gender identity to and when. “Two of my children are both trans, so they have both been able to come to me at their own time when they were ready to disclose the information they needed to,” she said. “Hearing that from someone else would have been not good for our relationship, not good for … our children [being able to come] out safely and happily.”

Nico Romeri has trans friends who haven’t shared their gender identity with their parents because they fear for their safety, Heather said. “They really believe they will be hurt or they will be kicked out of their house,” she explained. “They have [seen] others who have tried to come out to their parents, and it’s had negative repercussions to them emotionally.” She sees the victory of the New Hampshire ruling as a prime example for other states considering policies for LGBTQ+ students’ rights.

Now 17, Romeri said that he joined the amicus brief to support his friends who don’t have the same supportive environment to transition. “It’s really important to represent the people that can’t voice [their identity fully] and to keep the laws in place.”