New Jersey at the Forefront of LGBT Rights

By AMANDA KARP

LGBT rights within New Jersey have come a long way since the beginning of the LGBT rights movement in the late 1960s. New legislation expands LGBT protections with the ban of the “gay panic” defense.

There have been many success within New Jersey, where legal protections for LGBT citizens have continued to improve. This has been seen with the ban of the “gay panic” defense, when someone accused of murder uses the sexuality of the person to seek a reduction in their charges for a crime of passion, making New Jersey the ninth state to do so.

“We will always stand with our LGBTQ+ community and promote full equality for all our residents,” Governor Murphy said in a press release on Jan. 21.  “Gay and trans panic defenses are rooted in homophobia and abhorrent excuses that should never be used to justify violence against vulnerable populations. With this new law, we are enacting critical measures to protect our friends and neighbors in the LGBTQ+ community.”  

Though some detractors have argued that if same-sex couples are allowed to marry, citing the 2015 Obergefell v. Hodges Supreme Court ruling, there is nothing left to protest. However, there are still many strides to be made in the LGBT community nationwide. 

“I’m angry that we’re only the ninth state to do so,” said Alice Hagerty, Ramapo College senior.

In no corner of this country should hate crimes be shielded from prosecution because a victim is gay or trans.

By becoming the 9th state to ban the gay & trans panic defense, New Jersey has sent a clear message and our federal government must respond. https://t.co/wY8BAY68Os

— Rep. Joe Kennedy III (@RepJoeKennedy) January 22, 2020

Yet, New Jersey has been at the forefront of advancing rights and protections for its LGBT community. 

Within New Jersey, 3.6 percent of adults identify within the LGBT community, according to a 2018 Statista Research Department survey. Though the survey accounts for more than 280,000 LGBT adults, it does not provide data on LGBT youth within the state.

However, the rights and protections of LGBT youths is far from unnoticed. There is explicit transgender inclusion within the state’s anti-bullying laws, signed into effect in 2008. In January 2019, Murphy signed into law NJ-S1569, a law that requires each board of education to teach students about the contributions of LGBT citizens as well as people with disabilities.

In 2013, two years prior to the Supreme Court ruling, Mercer County Superior Court Judge Mary Jacobson ruled in favor of same-sex marriage, finding that “Same-sex couples must be allowed to marry in order to obtain equal protection of the law under the New Jersey Constitution.”

Her decision overruled a stay requested by then-New Jersey Gov. Chris Christie, which was also overruled by the New Jersey Supreme Court, and the governor withdrew his appeal. 

Recent Protections Passed in New Jersey

In July 2018, Murphy signed three bills to further the rights and protections of the transgender community within New Jersey. 

• NJ-S478, The Babs Siperstein Law, allows transgender people to change their gender on their birth certificate.
• NJ-S493 allows gender identity to be accurately reflected on a person’s death certificate.
• NJ-S705 establishes a Transgender Equality Task Force to improve the lives of transgender people.

“I am immensely proud of Gov. Murphy for not only standing with our community, but also seeing that equality reaches everyone in New Jersey. Transgender people have long stood in solidarity with LGB people and here at Garden State Equality we make sure nobody is left behind,” Executive Director of Garden State Equality Christian Fuscarino stated in a press release.

New Jersey is one of 11 states, alongside the District of Columbia, to have a “High” overall policy tally from the Movement Advancement Project. The equality profile scores New Jersey with a 15/18.5 for its sexual orientation policy tally and a 15/20 for its gender orientation policy tally, for an overall score of 30/38.5.

There are still improvements to be made in healthcare and criminal justice laws and policies, but New Jersey remains one of the leading states for LGBT rights and protections.