New Jersey Remains Among Last Blue States Without Trans Shield Law As Democrats Punt To Next Session

There’s a new governor, a new legislature, and a new call to action. Will New Jersey lawmakers finally protect trans kids’ care?

New Jersey State Legislature // Niagara // Wikimedia Commons

It’s a new day in New Jersey politics, we hope. Activists and lawmakers say the Garden State is on the verge of passing sweeping health care laws protecting transgender people and their medical providers. They’ve been saying as much for years, but a new coalition of advocates has emerged to make equal rights and access to care the law of the land.

Advocates who spoke to Erin in the Morning said they had been under the impression that the law would be put to a vote during the final weeks of Governor Phil Murphy’s tenure—and expressed fear about what the delay could mean for trans New Jerseyans.

“As a new session of the New Jersey legislature opens today and the state prepares for the swearing in of Mikie Sherrill as governor on January 20, a new coalition of transgender adults, parents, providers and allies calls on the state legislature to honor their lame duck commitments and get protections for gender-affirming and reproductive health care on the books immediately,” a press release by the newly-formed Transgender Rights Coalition of New Jersey (TRC-NJ) reads.

The group emerged after years of attempts to pass “shield” laws fell short, leaving trans youth, their parents, and their providers in a state of perpetual fear as assaults on trans Americans’ rights intensify every single day. The proposal also protected reproductive health care more broadly, including abortion.

“I’m terrified,” one parent of a trans teen told Erin in the Morning at the end of the last legislative session, which was earlier this month. She said hundreds if not thousands of trans people, parents of trans youth, doctors and activists have voiced their support for the measures. “I don’t understand how I can live in New Jersey, which always says, like, ‘We’re the bluest of the blue.’”

It’s not immediately clear why New Jersey, which has had almost a decade of Democratic leadership across the board—Democrats control the Senate, the Assembly, the governorship, and the attorney general’s office— adjourned without enacting a version of a law that has been implemented in most every other state in the Northeast Corridor. New York, Connecticut, Maryland, Maine, Rhode Island, Vermont, and the District of Columbia all have trans shield laws on the books.

Governor Phil Murphy also signed an executive order creating shield protections, but without the codification of law, these safeguards remain up in the air. A new governor could overturn it at any time.

Some New Jerseyans initially criticized Democratic leadership over the stalemate. “As a coalition, we were deeply disappointed that the bill we need to protect trans people, reproductive health access, and health providers did not pass in the previous legislative session, despite substantial support among lawmakers,” said Louise Walpin, co-lead of the progressive group WADEIn NJ and a founding member of the TRC-NJ.

“At the same time, we appreciate that legislative leadership understands the importance of this bill and is committed to work with us to deliver a new bill to Governor-elect Mikie Sherill’s desk in the first months of her governorship.”

Garden State Equality’s Action Fund Board Chair, Jeannine Frisby LaRue, struck a similarly hopeful chord in a statement on Tuesday afternoon, as one of the most consequential Supreme Court cases for trans rights in history played out before a conservative majority of judges.

“Legislative leaders have personally assured me this is an issue they support and that we will expeditiously pass this bill in the new legislative session,” LaRue said. “I am confident Governor-Elect Sherrill will enthusiastically sign this bill into law.”

Khadijah M. Silver, Director of Gender Justice and Health Equity at Lawyers for Good Government (L4GG), a national nonprofit delivering pro bono services to TRC-NJ, also told Erin in the Morning that the fight is still on.

“We call on everyone who is impacted by snowballing federal and out-of-state attacks on your rights to come together,” Silver said. “Tell your stories to the Attorney General’s office and the legislature so they can effectively fight for your rights, and protect each other as we push this bill over the line.”

Constituents can also use the New Jersey League of Conservation Voters to contact their representatives, and to demand that the 222nd Legislature make trans rights a priority from day one.