LGBTQ rights in New Jersey | |
|---|---|
 | |
| Legal status | Legal since 1978 |
| Gender identity | Transgender people allowed to change legal gender |
| Discrimination protections | Sexual orientation and gender identity protections (see below) |
| Family rights | |
| Recognition of relationships | Civil unions since 2007; Same-sex marriage since 2013 |
| Adoption | Same-sex couples may adopt jointly |
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in theU.S. state ofNew Jersey have the same legal rights as non-LGBTQ people. LGBT individuals in New Jersey enjoy strong protections from discrimination, and have had the same marriage rights as heterosexual people since October 21, 2013.
Since the late 1960s, state-sanctioned discrimination against LGBTQ people has become increasingly less acceptable. A series of court decisions have enlarged the areas of LGBT rights. LGBTQ people were allowed to gather in drinking establishments in 1967 and allowed to have intimate relationships in 1978. Anti-gay adoption policies by New Jersey's state welfare agency were dropped in 1997. TheNew Jersey Law Against Discrimination, amended to includesexual orientation andgender identity in 1991 and 2006, prohibits discrimination in employment, housing, and public accommodations. Criminal law detersbias-motivated crimes against LGBT individuals, and New Jersey schools are required to adopt anti-bullying measures that address LGBT students. In August 2013, GovernorChris Christie signed a bill into law prohibiting mental health providers from providing so-called "conversion therapy" to LGBT minors.
New Jersey is frequently referred to as one of theUnited States' most LGBTQ-friendly states,[1][2] with several gay establishments and venues throughout the state, notably inJersey City,Asbury Park,Maplewood,Atlantic City,Ocean Grove,Edison, andCape May among others.[3] Opinion polls have shown very high levels of support for same-sex marriage.[4]
Sodomy was a capital crime in New Jersey from when theDuke of Yorktook control of the province from the Dutch. When the province was divided intoEast andWest Jersey, theQuaker-dominated West maintained a criminal code that was silent on the issue of sodomy. After reunification andindependence, New Jersey abrogated the colonialcommon law, but created its own statuary sodomy law, the penalties for which were often modified.[5]
Court decisions in New Jersey gradually restricted the application of sodomy laws to exclude first married couples,[5] and then all heterosexual sexual relations. In the last court case in this series,State v. Ciuffini (1978), a state appellate court struck down the state's sodomy laws as unconstitutional, finding that "the individual's right of personal privacy and autonomy prevail[s] over the state's right to regulate private sexual conduct."[6] New Jersey repealed its sodomy law in 1978.[7]
From its establishment in 1933, theNew Jersey Division of Alcoholic Beverage Control regularly harassed LGBT bar patrons. It interpreted a regulation preventing licensees from serving "any known criminals, gangsters, racketeers, swindlers, prostitutes, female impersonators or other persons of ill repute" to revoke theliquor licenses of bars serving a predominantly homosexual customer base.[8] In 1967, a state court invalidated this interpretation inOne Eleven Liquors, Inc. vs. Division of Alcoholic Beverage Commission.[9] In June 2021, the New Jersey Attorney GeneralGurbir Grewal made an official apology for the state's harassment of bar keepers and patrons.[10]
Marriage, as the popular vehicle of state recognition of relationships, is mentioned in 850 of New Jersey's statutes.[11]Marriage between persons of the same sex, however, are not mentioned in the statutes, which do not ban it either.[9] The statutes were challenged inLewis v. Harris (2006), where theLegislature chosecivil unions over marriage in the resulting mandate for equal rights and responsibilities of marriage for same-sex couples.[12] Same-sex couples legally married inanother state or country may be divorced in New Jersey, a Superior Court has ruled.[13]
New Jersey has provided benefits to same-sex partners of state employees since 2004.[14]
Following a court decision on September 27, the state, effective October 21, 2013, has recognized and performed same-sex marriages. Governor Chris Christie attempted to appeal this decision to theNew Jersey Supreme Court but on October 19, 2013 the court turned down his appeal and the lower court's ruling stands.[15]
In December 2021, New Jersey passed and implemented legislation to legally codify and protectsame-sex marriage - just in case if future federal conservative court rulings (as a possibility) makesame-sex marriage illegal again.[16][17][18] On January 10, 2022 the Governor of New JerseyPhil Murphy signed the bill into law and automatically went into effect immediately - to officially codify same-sex marriage within New Jersey.[19]
New Jersey never had a policy of denying adoption of children based on sexual orientation, however, the New JerseyDivision of Youth and Family Services had a policy of denying consent to joint adoption by unmarried couples. This was changed in 1997. The sexual orientation of parents is not necessarily considered a dispositive factor in considering the best interests of the child, be they prospective in adoption or current in child custody cases.[9]
In January 2020, New Jersey with a signature from Governor Phil Murphy implemented new adoption and child welfare laws - that immediately streamlined and reduced burdensome red tape for LGBT singles and couples.[20][21]
There are no legal restrictions on lesbians getting IVF access.
Since 2011, bills have been introduced and passed by theNew Jersey Legislature with no "veto-proof margins" to legally allowcommercial surrogacy several times, but were immediatelyvetoed byGovernor of New JerseyChris Christie. Then in May 2018, theNew Jersey Legislature passed (Assembly voted 51-16 and Senate voted 25-10) a bill to legally allowcommercial surrogacy with "veto-proof margins".[22][23] Governor Phil Murphy on May 30, 2018 signed the bill into law and went into effect since January 1, 2019. Several U.S. jurisdictions have similar surrogacy contract laws.[24]
New Jersey'sLaw Against Discrimination was amended in 1991 to include "affectional or sexual orientation" and in 2006 to include "gender identity and expression" as prohibited categories of discrimination.[25][26] The law prohibits discrimination in employment and public accommodations, which the New Jersey Supreme Court took to be as broad as including theBoy Scouts of America for its public dealings, which was reversed by theSupreme Court of the United States inBoy Scouts of America v. Dale.[9] TheNew Jersey Law Against Discrimination also protects individuals from discrimination based upon a perceived sexual orientation.[27] On July 27, 2015, the National Executive Board of the Boy Scouts of America, ratified a resolution that removes the national restriction on openly gay adult leaders and employees.[28]
Enhanced penalties are available for crimes committed in New Jersey with a bias based on the presumed sexual orientation and gender identity or expression of the victim, as well as sensitivity training sentencing options for judges.[29] TheFBI New Jersey division also reports gender X (alongside male and female) since June 2021, on criminal justice and investigation procedures - directly from the attorney general.[30]
In March 2021, a bill (A-4833) passed by a vote of 71-0 in the lower house of New Jersey legally banning "bias and intimidation" crimes - based on sexual orientation and gender identity. The bill is yet to be voted on in the New Jersey Senate.[31][32]
In March 2021, Governor Phil Murphy signed a bill into law effective immediately - that implemented an "LGBTIQ+ Seniors Bill of Rights".[33][34][35][36]
In July 2022, a bill was signed into law by theGovernor of New Jersey that would implement a police licensing system within New Jersey - that explicitly includes sexual orientation and gender identity anti-discrimination protections.[37] Also since July 2022, New Jersey implemented another law passed by theNew Jersey General Assembly and signed by theGovernor of New Jersey - to protect sexual orientation and gender identity "data of patients records within state run hospitals" and further enhance privacy protections therein for related purposes.[38]
In June 2013, theNew Jersey Legislature passed legislation makingsexual orientation change efforts (conversion therapy) illegal when directed at minors.[39] GovernorChris Christie signed the legislation on August 19.[40] New Jersey was the second U.S. state to enact such legislation, after California.
Represented by theLiberty Counsel, practitioners of conversion therapy, including theNational Association for Research and Therapy of Homosexuality and theAmerican Association of Christian Counselors, challenged the law in federal court. They lost in District Court on November 8, 2013,[41] and again on appeal to theThird Circuit Court of Appeals on September 11, 2014.[42] They asked the U.S. Supreme Court to hear their appeal on December 3,[43] which declined to do in May 2015. In another case heard inHudson County, a judge ruled that those who promote the therapy by claiming to cure a disorder are committingfraud.[44]
In 2019, anti-LGBT groupLiberty Counsel made another attempt to challenge the constitutionality of New Jersey's ban on conversion therapy, in the case ofKing v. Murphy. On April 15, 2019, theSupreme Court of the United States declined to hear the challenge, thereby upholding New Jersey's ban on conversion therapy.[45][46]
Since February 1, 2019, transgender persons may request an amendedbirth certificate with a corrected name and sex without undergoingsurgery or any medical procedures.[47][48]
On June 28, 2015, theNew Jersey General Assembly passed (Senate by a vote of 30-6 and the House by a vote of 51-23) a bill to make it easier for people on the basis ofgender identity andintersex status, access and/or change to their birth certificates without any surgery. Republican Governor of New Jersey Chris Christie as expected,vetoed the bill on August 10, 2015. This was the second time he had vetoed the same bill, that was passed two years prior.[49][50][51] Three additional votes were required in the Assembly for a successfulveto override to implement thelegislation.[52][53]
In May 2018, theNew Jersey Legislature passed 3 transgender rights bills. The 3 bills set up and established a "Transgender Equality Task Force",[54] repealed the legal requirement forsex reassignment surgery onbirth certificates, created athird gender category on official documents (labelled as "X"),[55][56] and included transgender and intersex people ondeath certificates.[57] In June 2018, following passage in the Legislature, Governor Phil Murphy signed into law all 3 bills.[47][58][59][60] The birth certificate law went into effect the first day of the seventh month after approval (i.e. February 1, 2019),[61] whilst the death certificate law went into effect on July 4, 2018,[62] and the "Transgender Equality Task Force" law went into force immediately.[63]
Since February 2020, individuals no longer need a doctor's note to change a sex marker from M to F or from F to M for individual'sdriver licenses and I.D.s acrossNew Jersey.[64][65] Since April 2021, aregulation went into effect regarding three sex markers of X, M and F availability for individual'sdriver licenses and I.D.s acrossNew Jersey.[66][67]
In November 2022, the Governor of New Jersey signed anexecutive order to allow transgender individuals privacy, dignity and confidentiality when formally changing a legal name on forms and documents.[68]
In April 2023, the Governor of New Jersey signed anexecutive order legally protecting and defending gender-affirming healthcare within New Jersey borders - for any transgender individuals who want or need access and services (including interstate).[69]
TheNew Jersey State Interscholastic Athletic Association maintains athlete participation in accordance with their gender identity.[70]
In 2024, New Jersey passed laws that codified a 2021executive order - to implement "LGBTQ friendly business policy development". Canada, California and New York State have similar schemes on LGBTQ business policy development.[71][72][73]
Sex education (or "family life education") is mandatory in all New Jersey public schools. Under state law, the lessons must be current, medically accurate and supported by extensive research. They should also be developmentally appropriate, gender- andculturally-sensitive, andbias-free. The class covers a range of topic, including human relationships and sexuality, the prevention of unhealthy sexual behaviors that might lead tosexually transmitted diseases, consent, abstinence, and the demands ofpregnancy and parenting. Discussions onsexual orientation are required from the end of eighth grade (age 13-14), and include tolerance and sensitivity, harassment, name-calling and stereotyping. In fourth grade (age 9-10), students are taught that "there are different kinds of families; family members have different roles and responsibilities; and families share love, values, and traditions, provide emotional support for each other, and set boundaries and limits". Parents may choose to have their child(ren) opt out if the class is "in conflict with his or her conscience or sincerely held moral or religious beliefs".[74]
Anti-LGBT bullying is also prohibited in New Jersey schools, and all schools are required to post and distribute their anti-bullying policies.[75] The Pride Center of New Jersey opened its doors in 1994 support the social needs of the LGBT community and youth across the state.[76]
In September 2018, New Jersey issued guidance to schools to promote transgender-friendly policies on the use of names and pronouns, participation in activities, use of facilities and student records.[77]
In January 2019, Governor Murphy signed into law a bill requiring public schools in the state to teach about "the political, economic and social contributions of individuals who are [LGBTQ]". As of the 2020–2021 school year, schools must teach LGBT history.[77] The law compels the inclusion of the contributions of persons with disabilities and lesbian, gay, bisexual, and transgender people into educational textbooks and the social studies curricula in the state. It also amended existing education and bullying laws by adding "sexual orientation, gender identity or expression, disability and religion" - alongside race, ethnicity, nationality, gender, and color that schools are prohibited from sponsoring negative activities about or teaching students about in an adverse way.[78][79][80]
In December 2020, theNew Jersey Legislature passed another mandatory diversity within all New Jersey schools bill. The bill was signed into law on March 1, 2021.[81][82][83]
In June 2023, several school districts within New Jersey passed policies and motions thatout students (who are transgender and non-binary) to their parents. This "potentially violates" New Jersey discrimination and hate crime legislation.[84] School boards in Middletown, Marlboro, and Manalapan-Englishtown within New Jersey, all have adopted immediate "parent notification policies" so far. The New Jersey Attorney's General office is commencing alawsuit - to block these policies.[85]
In January 2020, theNew Jersey Legislature unanimously passed during alame-duck session bill A1796 (by a vote of 73-0 in the lower house and 39-0 in the upper house), banning or substantially limiting the so called "gay panic defense". The bill stated: “a provocation is not objectively reasonable if it is based on the discovery of, knowledge about, or potential disclosure of the homicide victim’s actual or perceived gender identity or expression, or affectional or sexual orientation, including under circumstances in which the victim made an unwanted, non-forcible romantic or sexual advance toward the actor, or if the victim and actor dated or had a romantic or sexual relationship.”[86] The New Jersey Bill A1796 was signed into law in January 2020. The law went into effect immediately.[87][86][88][89]
In March 2021, theNew Jersey Legislature passed (House vote 68-1 and Senate vote 33-0) a bill to provide legal benefits to "dishonorably discharged" LGBTIQ+ veterans within theUS Military prior to 2011. Governor Murphy signed the bill into law in April 2021.[90][91]
New Jersey state law makes it a third degree criminal offense for a person knowingly infected with HIV to engage in sexual activity without informing their partner of their status. However, people infected with other sexually transmitted infections are subject to lesser (fourth degree) criminal penalties for the same behavior.[92] In January 2022, both houses of theNew Jersey Legislature passed bill S3707 to remove this exception for HIV and to reduce the penalty for engaging in sex while infected with any STI (including HIV) to a disorderly persons offense. Governor Murphy signed the bill into law on January 18, 2022.[93][94][95] Introduced in 2024, the bill A3089 seeks to allow the dispensing of HIV prophylaxis without individual prescription under certain circumstances and mandate prescription benefits coverage, to better support access to HIV medication.[96]
A 2017Public Religion Research Institute poll found that 68% of New Jersey residents supported same-sex marriage, while 23% were opposed and 9% were unsure.[97] Additionally, 70% supported discrimination protections covering sexual orientation and gender identity. 21% were opposed.[98]
A 2022Public Religion Research Institute (PRRI) poll found that 76% of New Jersey residents supported same-sex marriage, while 21% were opposed and 3% were unsure.[4] Additionally, 86% supported discrimination protections covering sexual orientation and gender identity. 11% were opposed.[99]
| Same-sex sexual activity legal |  (Since 1978) |
| Equal age of consent (16) | |
| Anti-discrimination laws for sexual orientation | (Since 1991) |
| Anti-discrimination laws for gender identity and expression | (Since 2006) |
| LGBTanti-bullying law in schools and colleges | |
| Same-sex marriage | (Since 2013 by court order; codified by the legislature and Governor in 2022)[18][19] |
| Recognition of same-sex couples (e.g. civil union) | |
| Stepchild adoption by same-sex couples | |
| Joint adoption by same-sex couples | |
| Lesbians, gays and bisexuals allowed to serve openly in the military | (Since 2011) |
| Transgender people allowed to serve openly in the military |  (Since 2025)[100] |
| Transvestites allowed to serve openly in the military | [101] |
| Intersex people allowed to serve openly in the military | / (Current DoD policy bans "Hermaphrodites" from serving or enlisting in the military)[101] |
| Third gender option | (Since 2021)[66] |
| Right to change legal gender withoutsex reassignment surgery | (Since 2019) |
| Gay and trans panic defense banned | (Since 2020)[87][86][88][89] |
| Conversion therapy banned on minors | (Since 2013) |
| LGBTIQ+ Seniors Bill of Rights implemented | (Since 2021)[35] |
| Access to IVF for lesbians | |
| LGBT-inclusive sex education required to be taught in all New Jersey schools | (Since 2021)[81] |
| Surrogacy arrangements legal for all individuals and couples | (Since 2019) |
| MSMs allowed to donate blood | / (3 month deferral period - federal policy) |
{{cite news}}:|archive-url= is malformed: timestamp (help)CS1 maint: url-status (link){{cite web}}: CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link){{cite web}}: CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link){{cite web}}: CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link)Pre-filed for introduction in the 2024 session; establishes certification program for businesses owned by LGBTQ+ persons.
