LGBT rights in New Jersey

Sodomy was a capital crime in New Jersey from when the Duke of York took control of the province from the Dutch. When the province was divided into East and West Jersey, the Quaker-dominated West maintained a criminal code that was silent on the issue of sodomy. After reunification and independence, New Jersey abrogated the colonial common law, but created its own statuary sodomy law, the penalties for which were often modified.[4]

Court decisions in New Jersey gradually restricted the application of sodomy laws to exclude first married couples,[4] 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of personal privacy and autonomy prevail[s] over the state's right to regulate private sexual conduct."[5] New Jersey repealed its sodomy law in 1978.[6]

Marriage, as the popular vehicle of state recognition of relationships, is mentioned in 850 of New Jersey's statutes.[9] Marriage between persons of the same sex, however, are not mentioned in the statutes, which do not ban it either.[8] The statutes were challenged in Lewis v. Harris (2006), where the Legislature chose civil unions over marriage in the resulting mandate for equal rights and responsibilities of marriage for same-sex couples.[10] Same-sex couples legally married in another state or country may be divorced in New Jersey, a Superior Court has ruled.[11]

New Jersey has provided benefits to same-sex partners of state employees since 2004.[12]

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 the New Jersey Supreme Court but on October 19, 2013 the court turned down his appeal and the lower court's ruling stands.[13]

New Jersey never had a policy of denying adoption of children based on sexual orientation, however, the New Jersey Division 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.[8]

In January 2020, New Jersey with a signature from the Governor of New Jersey Phil Murphy implemented new adoption and child welfare laws - that immediately streamlined and reduced burdensome red tape for LGBT singles and couples.[14][15]

There are no legal restrictions on lesbians getting IVF access.

Since 2011, bills have been introduced and passed by the New Jersey Legislature with no "veto-proof margins" to legally allow commercial surrogacy several times, but were immediately vetoed by Governor of New Jersey Chris Christie. Then in May 2018, the New Jersey Legislature passed (House voted 51-16 and Senate voted 25-10) a bill to legally allow commercial surrogacy with "veto-proof margins".[16][17] 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.[18]

In June 2013, the New Jersey Legislature passed legislation making sexual orientation change efforts (conversion therapy) illegal when directed at minors.[24] Governor Chris Christie signed the legislation on August 19.[25] New Jersey was the second U.S. state to enact such legislation, after California.

Represented by the Liberty Counsel, practitioners of conversion therapy, including the National Association for Research and Therapy of Homosexuality and the American Association of Christian Counselors, challenged the law in federal court. They lost in District Court on November 8, 2013,[26] and again on appeal to the Third Circuit Court of Appeals on September 11, 2014.[27] They asked the U.S. Supreme Court to hear their appeal on December 3,[28] which declined to do in May 2015. In another case heard in Hudson County, a judge ruled that those who promote the therapy by claiming to cure a disorder are committing fraud.[29]

In 2019, anti-LGBT group Liberty Counsel made another attempt to challenge the constitutionality of New Jersey's ban on conversion therapy, in the case of King v. Murphy. On April 15, 2019, the Supreme Court of the United States declined to hear the challenge, thereby upholding New Jersey's ban on conversion therapy.[30][31]

Since February 1, 2019, transgender persons may request an amended birth certificate with a corrected name and sex without undergoing surgery or any medical procedures.[32][33]

Since February 2020, individuals no longer need a doctor's note - to change a gender marker on your driver licence and also a "gender X option" will soon be added on forms and documents across New Jersey.[34][35]

On June 28, 2015, the New 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 of gender identity and intersex 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.[36][37][38] Three additional votes were required in the Assembly for a successful veto override to implement the legislation.[39] [40]

In May 2018, the New Jersey Legislature passed 3 transgender rights bills. The 3 bills set up and established a "Transgender Equality Task Force",[41] repealed the legal requirement for sex reassignment surgery on birth certificates, created a third gender category on official documents (labelled as "X"),[42][43] and included transgender and intersex people on death certificates.[44] In June 2018, following passage in the Legislature, Governor of New Jersey Phil Murphy signed into law all 3 bills.[32][45][46][47] The birth certificate law went into effect the first day of the seventh month after approval (i.e. February 1, 2019),[48] whilst the death certificate law went into effect on July 4, 2018,[49] and the "Transgender Equality Task Force" law went into force immediately.[50]

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- and culturally-sensitive, and bias-free. The class covers a range of topic, including human relationships and sexuality, the prevention of unhealthy sexual behaviors that might lead to sexually transmitted diseases, consent, abstinence, and the demands of pregnancy and parenting. Discussions on sexual 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".[51]

Anti-LGBT bullying is also prohibited in New Jersey schools, and all schools are required to post and distribute their anti-bullying policies.[52] The Pride Center of New Jersey opened its doors in 1994 support the social needs of the LGBT community and youth across the state.[53]

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.[54]

In January 2019, Governor Phil 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 [LGBT]". As of the 2020–2021 school year, schools must teach LGBT history.[54] 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 colour that schools are prohibited from sponsoring negative activities about or teaching students about in an adverse way.[55][56][57]

In December 2020, the New Jersey state legislature passed a mandatory diversity within education and schools bill - the bill is awaiting a signature from the New Jersey Governor Phil Murphy.[58][59]

In January 2020, the New Jersey Legislature unanimously passed during a lame-duck session bill A1796 (by a vote of 73-0 in the lower house and 39-0 in the upper house). The New Jersey Bill “A1796” finally became law in January 2020, when the New Jersey Governor Phil Murphy signed A1796 and went into effect immediately.[60][61][62][63]

A 2017 Public Religion Research Institute poll found that 68% of New Jersey residents supported same-sex marriage, while 23% were opposed and 9% were unsure.[3] Additionally, 70% supported discrimination protections covering sexual orientation and gender identity. 21% were opposed.

• Boy Scouts of America v. Dale
• Freeheld (2007 film)
• Freeheld (2015 film)
• Politics of New Jersey
• Law of New Jersey
• Rights and responsibilities of marriages in the United States
• LGBT rights in the United States