LQBTQ+ Legal Rights

On this section of our website, BCLA is providing information and references to federal and  state legal codes and department policies. This information is not a form of legal advice, and our community members should consult an appropriately qualified attorney if they wish to know how any particular law or regulation applies to their specific circumstances.

Introduction and important information

Welcome to Bergen County LGBTQ+ Alliance’s 2025 guide to a number of important legal rights available to members of the LGBTQ+ community living, working, and/or learning in New Jersey.

The production of this guide has been sponsored by the Foundation of the New Jersey Bar Association.

We would also like to thank faculty and students from Fairleigh Dickinson University who contributed to the development of this guide.

Please note that nothing in this guide constitutes legal advice.  To obtain definitive answers to specific questions or fact patterns you will need to obtain legal advice from a licensed attorney. 

This guide aims to cover many of the rights of people who are living, working, or learning in New Jersey.  State laws on many of the issues covered in this guide differ significantly from state to state.  Therefore, this guide will not be relevant where the activity in question occurs outside of New Jersey.

This guide does not claim to be exhaustive of all legal rights or legal issues that may impact on the everyday lives of the LGBTQ+ community.  Our aim, in producing the guide, has been to give general guidance on some of the more regularly asked questions in this area.  

This guide addresses several topics that are currently the subject of intense political debate. Policy positions in these areas have shifted significantly between the Biden and Trump administrations.  As a consequence, there may be changes to the position on a number of issues covered by this guide, at least at the federal level.  This guide may be updated from time to time as funding to make such updates becomes available, but changes are occurring quickly and unpredictably and therefore this guide may not always be fully up to date.

Several of the issues in this guide are covered by provisions of both federal and state law.  We have tried to indicate where we think, respectively, federal or state law are likely to prevail.  However, the current federal administration seems to be taking an expansive view of its powers and therefore there may be areas where there is no clear answer or conflict as to which law prevails.  In particular, where activities are funded by federal funds, it is likely that the federal government will seek to impose its views, even if the legal theory derived from underlying concepts and Supreme Court precedence indicate that states’ rights apply.  Education and healthcare may prove to be particular examples of this and therefore, as federal policy in these areas further develops, we recommend that members of the community monitor developments in these areas particularly closely.  

Discrimination in Providing Goods and Services and in “Public Accommodations”

Can someone refuse to serve me in a shop, restaurant or other business because I am LGBTQ+? 

No, discrimination is prohibited in places of “public accommodation” based on sexual orientation or gender identity or perceived sexual orientation or gender identity.[1]

A place of public accommodation is generally any place that offers goods, services, or facilities to the public, including:

• Schools, colleges and universities

• Stores and businesses

• Restaurants

• Summer camps

• Hotels & motels

• Medical providers, hospitals, and doctors’ offices

• Government offices or agencies

Can someone claim that their religious conscience prevents them from providing services to me for being LGBTQ+? 

No - see above answer.  

It is important to note, however, that, following the 2023 Supreme Court decision 303 Creative LLC v. Elenis[2], the New Jersey Division on Civil Rights established an exception to the New Jersey Law Against Discrimination (NJLAD). To assert an exemption, a public accommodation must demonstrate that (1) its creative services are "original" and "customized and tailored" for each customer, and (2) the creation is "expressive," conveying the creator's own First Amendment-protected speech. Even in such cases, the public accommodation's refusal to provide the creative service must be based on the message it communicates, not solely on the customer's identity or protected characteristic.[3]

Employment  

Can someone refuse to hire me for being LGBTQ+? 

No, under both federal and state law, an employer cannot refuse to hire you because you are LGBTQ+.[4]
 

Can I be fired from my job for being LGBTQ+? 

No, under both federal and state law, you cannot be fired from your job for being LGBTQ+.[5]

Can I be denied a promotion or pay raise or be demoted for being LGBTQ+?
No, under both federal and state law, you cannot be denied a promotion, pay raise or be demoted for being LGBTQ+.[6]

Housing  

When addressing housing rights for individuals based on sexual orientation and gender identity, it is often best to rely on state rather than federal law. This is due to the changing interpretation of HUD guidance under the current administration. State laws may offer clearer protections in state-related housing matters.  However, please see the introductory text to this guide - and note that, especially where federal funds are being used to provide accommodation (e.g. defence personnel accommodations), Federal policies, guidance and regulations may intervene.

Can a landlord refuse to rent to me for being LGBTQ+? 

No, state law prohibits landlords from discriminating based on sexual orientation or gender identity.[7]

What rights do LGBTQ+ individuals and people living with HIV have in long-term care facilities?

New Jersey law makes it illegal for long-term care facilities to discriminate against LGBTQ+ and HIV+ seniors and prohibits long term care facilities from discriminating “based in whole or in part on a person’s actual or perceived sexual orientation, gender identity or expression, inter sex status, or HIV status” by taking any of the following actions:[8]

Facilities are precluded from:  

• Denying admission to a facility, transferring or refusing to transfer a resident within a facility or to another facility, discharging or evicting a resident;

• Opposing a request by residents to share a room;

• Where rooms are assigned by gender, assigning, reassigning , or refusing to assign, a room to a transgender or non-binary resident other than in accordance with the resident’s gender identity, unless at the resident’s request;

• Forbidding or harassing (e.g., requiring ID documents to gain entry, etc.) a resident who seeks to use a restroom available to other persons of the same gender identity.;

• Repeatedly failing to use a resident’s chosen name or pronouns despite being informed;

• Denying a resident from wearing, or to be dressed in, clothing, accessories, or cosmetics of their choice;

• Restricting a resident’s right to associate with other residents or visitors, including the right to consensual sexual relations;

• Denying, restricting, or providing unequal medical or non-medical care or providing such care that unduly demeans the resident’s dignity or causes avoidable discomfort; and  

• Declining to provide any service, care, or reasonable accommodation to a resident or applicant for services.

Education  

Please see the introductory text of this guide.  There is a risk that state laws and regulations will be overridden in this area by policies of the federal government where part or all of relevant funding is derived from the Federal Government.

Can teaching staff in public school refuse to teach me if I am LGBTQ+? 

 No, public school districts cannot discriminate based on sexual orientation and gender identity.

Can I be disciplined in school for being (or appearing as) LGBTQ+? 

No. Under the First Amendment, students have the right to express their identity in public school.[9]

Also, New Jersey law provides equal access for all students to educational activities and programs by district boards of education.  These regulations protect students based on, among other things, sexual orientation and gender identity or expression.[10]

Are there anti-bullying laws to protect me from bullying by other students, teachers, and school staff on the basis of my sexual orientation and/or gender identity?  Yes. The New Jersey Anti- Bullying Act[11] requires public schools to investigate and respond to all reported incidents of harassment, intimidation, or bullying (HIB), including those based on actual or perceived sexual orientation, gender identity, or gender expression.  

The NJLAD protects a student from discrimination and harassment based on a protected class. Under the NJLAD, an aggrieved student must allege discriminatory conduct that would not have occurred "but for" the student's protected characteristic, that a reasonable student of the same age, maturity level, and protected characteristic would consider sufficiently severe or pervasive enough to create an intimidating, hostile, or offensive school environment, and that the school district failed to reasonably address such conduct.[12]  This standard is similar to that used in workplace harassment cases and focuses on the school's responsibility to prevent and correct discriminatory environments.

Transgender Specific Issues in Education 

Can I be prevented from participating in gender identity-appropriate sports in school? 

 There is conflicting guidance at this time.

Federal: President Trump signed an Executive Order on February 5, 2025, titled “Keeping Men Out of Women’s Sports,” mandating Title IX[13] to be interpreted as prohibiting the participation of  “a person belonging, at conception, to the sex that produces the small reproductive cell” from participating in women’s athletics. Schools could jeopardize their federal funding for noncompliance.  There are still unanswered questions about how this order will be implemented.  Note: Congress has failed to pass a law barring transgender individuals from participating in women’s sports (3/6/25).

State: There is protection in New Jersey.  N.J.S.A. 18A:36-41 directs the Commissioner of the New Jersey Department of Education to establish guidelines to provide direction for schools in addressing common issues concerning the needs of transgender students, and to assist schools in establishing policies and procedures that ensure a supportive and nondiscriminatory environment for transgender students. This guidance explains that with respect to gender-segregated classes or athletic activities, including intramural and interscholastic athletics, all students must be allowed to participate in a manner consistent with their gender identity. School districts shall provide transgender students with the same opportunities to participate in physical education as other students in accordance with their gender identity; and permit a transgender student to participate in gender-segregated school activities in accordance with the student’s gender identity.[14]

Can I be prevented from using a gender identity-appropriate restroom provided in a school or college? 

Federal: On January 29, 2025, President Trump signed a sweeping executive order. Although the exact interpretation of this order is not known at this time and no direct regulations have yet been passed, the order suggests that students in public school (K - 12) must use the bathroom for their biological gender. This executive order is a directive for the federal executive agencies and cannot mandate state action.  However, the federal government can rescind federal funding for institutions including, public schools that do not comply.

Third Circuit has found that transgender students have the right to use the bathroom that aligns with their gender identity.[15]

State: All students are entitled to have access to restrooms, locker rooms and changing facilities in accordance with their gender identity to allow for involvement in various school programs and activities. In all cases, the school principal must work with the student and staff so all parties are aware of facility policies and understand that the student may access the restroom, locker room, and changing facility that corresponds to the student's gender identity. Transgender students who are uncomfortable using a sex-segregated restroom should be provided with a safe and adequate alternative, such as a single "unisex" restroom or the nurse's restroom.[16]

Can someone refuse to serve me in a shop, restaurant or other business because I am transgender? 

 No, New Jersey state law specifically prohibits against discrimination based on sexual orientation and gender identity in public[17]  - see the list of types of spaces that are included in the definition of “public accommodations” under that heading above.

The US Supreme Court’s 303 Creative LLC v. Eleni created a narrow exception to the NJLAD.  As explained in guidance provided by the New Jersey Division on Civil Rights, in order to assert an exemption to the NJLAD, at a minimum, a public accommodation must establish that (1) its creative services are “original” and “customized and tailored” for each customer; and (2) the creation is “expressive” and expresses the creator’s own First Amendment-protected speech.  Even in these cases, the public accommodation’s refusal to provide the creative service to a customer must be based on the message it conveys, not the customer’s identity or protected characteristic standing alone.

Can someone refuse to provide a service to me for being transgender? 

No, someone cannot refuse to provide you a service for being LGBTQ+.20 

Health Care

Can I be refused healthcare services because I am LGBTQ+?

No, a person cannot be denied diagnosis, treatment, or other care because they are LGBTQ+.  State law prohibits discrimination in places of “public accommodation” based on sexual orientation or gender identity or perceived sexual orientation or gender identity.[18]  This includes medical providers, hospitals, and doctor’s offices.

Can I be denied health insurance because I am LGBTQ+? 

No,  State law prohibits health insurers from denying or limiting coverage, or denying a claim for services due to a covered person’s sexuality or due to their gender identity or expression or for the reason that the covered person is a transgender person if those services are otherwise generally available.  This includes services provided by telehealth and/or telemedicine.[19] 

Can someone refuse me healthcare services due to my HIV status?

State law prohibits discrimination against individuals with disabilities, including those living with HIV.[20]  Federal law also offers protection, barring discrimination in employment and public accommodations for employers with 15 or more employees.[21]

Can I give blood if I am a gay man? 

In 2023, the United States Federal Drug Agency changed its guidance.  Now, the ability to give blood is based on a series of risk based factors that do not specifically rely upon whether the relevant person is a gay man who is sexually active with other men - a factor that, under previous FDA guidance, was specifically relevant to whether or not someone was eligible to give blood.[22] 

Can my same sex married partner make healthcare decisions for me?  Or have access to my medical care team and be consulted on their decisions about my care (including end of life care)?  

Yes.  You can execute a proxy directive, designating an adult with mental capacity to act as your health care representative.  This person can be any adult who has mental capacity, including, but not limited to your spouse, partner in a civil union as defined in section 2 of P.L.2006, c.103 (C.37:1-29), domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), adult child, parent, or other family member, friend, religious or spiritual advisor, or other person of the declarant's choosing[23]

In the case of a special emergent medical guardianship where one does not have a proxy directive and medical treatment is needed, New Jersey does not have a statute for “surrogate" appointment allowing a default person to make the decisions for treatment.  The individual would have to petition the court for special emergent medical guardianship.[24]

What are my rights as an LGBTQ person living in a long-term care facility? 

In 2021, NJ Governor Murphy signed a law[25] that makes it illegal for facilities to discriminate against LGBTQ+ and HIV+ residents in nearly all aspects of facility life. Based on a resident's sexual orientation, gender identity, intersex status or HIV status, a facility cannot:

• Deny admission.

• Transfer or refuse to transfer within the facility or to another facility.

• Discharge or evict.

• Make room assignments for transgender and non-binary residents based on any gender other than their chosen gender.

• Deny residents' requests to share a room.

• Keep a resident from using a bathroom that other residents of the same gender identity use.

• Fail repeatedly to use the resident's chosen name or pronouns when staff have been informed of them.

• Stop the resident from wearing clothes, accessories or cosmetics or grooming in ways that are permitted for others.

• Keep residents from getting together with other residents or visitors.

• Forbid residents from having consensual sexual relations.

• Refuse to provide medical or non-medical care that is appropriate to the resident's organs and bodily needs.

• Provide care that unduly demeans the resident's dignity or causes avoidable discomfort.

• Refuse or willfully fail to provide any service, care or reasonable accommodation.

• Omit the resident's gender identity, chosen name, or pronouns in resident records.

• Disclose information about a resident's sexual orientation, transgender status/identity, transition history, intersex status, or HIV status (unless required by state or federal law).

• Have staff present other than staff needed to provide direct care to the resident, when the resident is partially or fully unclothed.

• Fail to use visual barriers when residents are fully or partially unclothed.

• Fail to get informed consent for non-therapeutic exams or observations of treatment.

• Prohibit access to transition-related assessments, therapies and treatments that a transgender health care provider has recommended.

If I am lesbian, can I be denied access to IVF, fertility and other related treatments?  

You cannot be denied infertility/IVF treatments as a lesbian in New Jersey.  There is also legislation in New Jersey that extends the insurance mandate to cover infertility treatments and this is applied irrespective of the sexuality of the patient.[26] 

Transgender Specific - Healthcare 

Can I be prevented from providing or accessing gender affirming healthcare in NJ? 

Generally, no. New Jersey provides certain protections to all people, including health care professionals and patients, against potential repercussions resulting from providing, receiving, assisting in providing or receiving, or seeking or traveling to New Jersey to obtain, gender-affirming health care services.[27]

Note, however, that, in relation to minor children, President Trump, in January 2025, signed an executive order (EO 14187) which prohibits the use of federal funding, resources, etc for gender transition procedures on minors.  This includes, for example, removing coverage for these procedures under any federally funded healthcare plans, removing federal funding from any healthcare institution that carries out these procedures on minors and looking to take steps, via the Department of Justice, to adjust at least Federal prosecution policies accordingly.[28]

How can I change my name in NJ? 

To process a legal name change, you need to obtain a court order, which will allow you to change your name on all identification documents, including your driver’s license, birth certificate, passport, and Social Security card.  

You must complete the required forms from the Superior Court of NJ, including the Verified Complaint with basic information and a Certification of required confidential information for the name change. This process leads to a Final Judgment, a Final Judgment Addendum, and a Civil Case Information Statement. In 2021, the NJ Supreme Court ordered that all records of name changes be kept private to protect the privacy of transgender individuals.  

For a minor child, the process is similar, but the forms are different and are designed to be completed by the parent or guardian. These cases are heard by the Superior Court of New Jersey, Chancery Division, Family Court. You can find more information about this process, by clicking here.

However, please note that the federal government, through an executive order, now states that federal documentation can only be issued as male or female, and no third gender options are permitted. 

Marriage / Domestic rights 

Can I get married to someone who is the same sex as me? 

Yes. You have a Constitutional right to marry someone of the same sex.[29] In 2022, New Jersey  further strengthened this right by codifying the legal recognition of same-sex marriage into state law.[30]

What are the rights that come with being married to someone of the same sex as me? 

You can get married and live in New Jersey with someone of the same sex with all the same rights that a heterosexual couple would have.

What are the obligations that come with being married to someone of the same sex as me? 

The codification referred to above means that the obligations attaching to a married couple of the same sex are the same as those attaching to a heterosexual couple.  So, for example, the same taxation arrangements attach to a gay married couple as attached to a heterosexual married couple.

If I am in a same sex marriage / civil partnership, can we adopt children? 

Yes. The Legal Parentage Act (NJSA 9:17-69 to 71) allows same sex couples to adopt a child together. The Act also introduced a streamlined process for same sex couples to adopt - compared to the previous position where there were extensive requirements for background checks. Now, petitioners must provide proof of a valid civil union or marriage, a birth certificate listing both partners and a written declaration of how the child was conceived.[31]

Is being LGBTQ+ a bar to fostering children? 

No, New Jersey does not preclude a person from becoming a foster parent based solely on their culture, religion, race, ethnicity, gender, sexual orientation, gender identity or gender expression, affectional orientation, or marital/civil union or domestic partnership status.[32] 

Interactions with Law Enforcement 

Guidance for Police interactions with the LGBTQ+ community 

The NJ Attorney General’s Directive 2019-3 known as the LGBTQ+ Equality Directive[33] is designed to ensure that all individuals are guaranteed safety and dignity in encounters with law enforcement regardless of sexual orientation, gender identity or gender expression.

The Directive includes the following:

• Law enforcement shall not stop, question, search or detain any individual or subject any individual to more invasive search procedures due to the relevant individual’s actual or perceived gender identity or expression and / or sexual orientation;

• Officers shall not inquire about details of sexual practices or anatomy unless it is necessary to an ongoing criminal investigation;

• Officers shall not publicly disclose an individual’s sexual orientation or gender identity unless there is a proper law enforcement purpose or the individual agrees;

• Officers shall address individuals using their chosen name - even if that is not the name on official documentation - and their chosen pronouns;

• Generally, officers shall carry out any actions that turn on gender in accordance with the gender identity of the individual - eg carry out a search on a transgender woman in the same way that they would conduct one on a woman whose gender was assigned at birth.

Notes

[1] See New Jersey Law Against Discrimination (NJLAD), N.J. Stat. Ann. §§ 10:5-1 to 10:5-49.

[2] 303 Creative LLC v. Elenis, 600 U.S. 570 (2023).

[3] New Jersey Office of the Attorney General & Division on Civil Rights, Guidance on the New Jersey Law Against Discrimination Following the U.S. Supreme Court’s Decision in 303 Creative LLC v. Elenis, No. 2023‑0726 (July 26, 2023).

[4] See Title VII of the 1964 Civil Rights Act (Title VII), 42 U.S.C. § 2000e et seq.  See also Bostock v. Clayton County, 140 S. Ct. 1731 (2020) (“Because discrimination on the basis of homosexuality or transgender status requires an employer to intentionally treat individual employees differently because of their sex, an employer who intentionally penalizes an employee for being homosexual or transgender also violates Title VII.”). Title VII applies to places of employment with fifteen or more employees.  See also New Jersey Law Against Discrimination (NJLAD), N.J. Stat. Ann. §§ 10:5-1 to 10:5-49. Unlike Title VII, NJLAD applies to all places of employment, regardless of the size or number of employees.

[5] See Title VII; NJLAD.

[6] See id.

[7] See NJLAD.

[8] See N.J. Stat. P.L. 2021, c.33 (S. 2545).

[9] U.S. Const. amend. I. See generally Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969) (holding that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate").

[10] See NJLAD; N.J. Admin. Code § 6A:7‑1.1 (2024).

[11] See N.J.S.A. 18A:37-14.  This statute defines "harassment, intimidation, or bullying" (HIB) as any gesture, written, verbal, or physical act, or any electronic communication that is reasonably perceived as being motivated by an actual or perceived characteristic—such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity or expression, or any other distinguishing characteristic.  The conduct must take place on school property, at a school-sponsored event, on a school bus, or off school grounds (as specified in N.J.S.A. 18A:37-15.3) and must substantially disrupt or interfere with the orderly operation of the school or the rights of other students.

To qualify as HIB, the act must also meet at least one of the following conditions:

A reasonable person should know, under the circumstances, that it will have the effect of physically or emotionally harming a student, damaging the student’s property, or placing the student in reasonable fear of such harm or damage;

Has the effect of insulting or demeaning any student or group of students; or

Creates a hostile educational environment for the student by interfering with their education or by severely or pervasively causing physical or emotional harm.

[12] See L.W. v. Toms River Regional Schools Board of Education, 189 N.J. 381, 915 A.2d 535 (N.J. 2007) (holding that “because the Act's broad statutory language is clear, we hold that the LAD recognizes a cause of action against a school district for student-on-student affectional or sexual orientation harassment. We also hold that a school district is liable for such harassment when the school district knew or should have known of the harassment but failed to take actions reasonably calculated to end the mistreatment and offensive conduct. Our conclusion furthers the legislative intent of eradicating the scourge of discrimination not only from society, but also from our schools, thus encouraging school districts to take proactive steps to protect the children in their charge)(noting that this case offers broader protections than Title IX and its deliberate indifference standard).

[13] It should be noted that Title IX was passed based on Congress’s Spending Clause, therefore meaning that a school’s failure to comply could comprise their funding. .

[14] See N.J.S.A. § 18A:36-41.  See also New Jersey Department of Education. Transgender Student Guidance for School Districts. https://www.nj.gov/education/safety/sandp/climate/docs/Guidance.pdf.

[15] “Policies that exclude transgender individuals from privacy facilities that are consistent with their gender identities "have detrimental effects on the physical and mental health, safety, and well-being of transgender individuals."16 These exclusionary policies exacerbate the risk of "anxiety and depression, low self-esteem, engaging in self-injurious behaviors, suicide, substance use, homelessness, and eating disorders among other adverse outcomes." The risk of succumbing to these conditions is already very high in individuals who are transgender. In a survey of 27,000 transgender individuals, 40% reported a suicide attempt (a rate nine times higher than the general population).18 Yet, when transgender students are addressed with gender appropriate pronouns and permitted to use facilities that conform to their gender identity, those students "reflect the same, healthy psychological profile as their peers."

Doe v. Boyertown Area Sch. Dist., 897 F.3d 518, 523, 2018 U.S. App. LEXIS 20792, *6, 2018 WL 3581456 (3d Cir. Pa. July 26, 2018)

[16] See N.J. Stat. Ann. § 18A:36‑41 (West 2025); see also N.J. Dep’t of Educ., Transgender Student Guidance for School Districts (July 2023), https://www.nj.gov/education/safety/sandp/climate/docs/Guidance.pdf.

[17] The New Jersey Law Against Discrimination provides in pertinent part that, “All persons shall have the opportunity to obtain all the accommodations, advantages, facilities, and privileges of any place of public accommodation, . . . without discrimination because of race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, familial status, [or] sex. See N.J.S.A. 10:5-4.

[18] See NJLAD.  NJLAD prohibits discrimination against LGBTQ+ in public accommodations.  Hospitals and other medical offices are included in this definition of public accommodation.

[19] See P.L.2017, c.176. An Act concerning discrimination in health insurance and amending various parts of the statutory law. Approved July 21, 2017. Available at: https://pub.njleg.gov/bills/2016/PL17/176_.PDF;  see als Executive Order No. 326 (Murphy), April 4, 2023.  Issued by Governor Philip D. Murphy of New Jersey. Available at:https://www.nj.gov/infobank/eo/056murphy/pdf/EO-326.pdfExecutive Order No. 326 (Murphy), April 4, 2023. Issued by Governor Philip D. Murphy of New Jersey.

Available at: https://www.nj.gov/infobank/eo/056murphy/pdf/EO-326.pdf.  Noting that, “[t]he Department of Banking and Insurance, the Department of Human Services, and the Division of Pensions and Benefits on behalf of the State Health Benefits Program and School Employees’ Health Benefits Program, shall provide notice to regulated and contracted entities, as applicable, reminding them of their obligations under P.L.2017, c.176, and any other applicable statute, to ensure that there is no discrimination in the provision of health services and benefits on the basis of a covered person’s or prospective covered person’s gender identity or expression or on the basis that a covered person or prospective covered person is a transgender person”; also noting that “"P.L. 2017, c. 117 further provides that a carrier offering a health benefits plan in this State shall provide coverage and payment for health care services delivered … through telemedicine or telehealth on the same basis … as … in-person contact … provided the services are otherwise covered under the plan"

[20] See NJLAD.

[21] Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101–12213 (1990).

[22] See generally https://www.redcrossblood.org/local-homepage/news/article/top-questions-lgbtq.html; see also https://web.archive.org/web/20230514125425/https://content.govdelivery.com/accounts/USFDA/bulletins/359eabd.  

[23] N.J. Rev. Stat. § 26:2H‑58

[24] For more information on this topic, see generally https://www.linkedin.com/pulse/nj-assembly-bill-allow-healthcare-facilities-appoint-pilato-esq-/.

[25] N.J.S.A. 26:2H‑12.101 et seq

[26] N.J. Stat. Ann. § 17B:27-46.1x – Group health insurance policy to provide coverage for treatment of infertility (West 2024).

[27] N.J. Exec. Order No. 326 (Murphy), issued Apr. 4, 2023.  The Executive Order bars the extradition of individuals within New Jersey to another state for providing, receiving, or otherwise facilitating gender-affirming health care services that are legal in New Jersey. Departments and agencies are prohibited from cooperating with interstate investigations that aim to hold someone liable for civil or criminal penalties associated with such care. For limited exceptions, see full text of EO 326.

[28] Executive Order 14187, titled Protecting Children from Chemical and Surgical Mutilation, was signed by President Trump on January 28, 202

[29] Obergefell v. Hodges, 576 U.S. 644 (2015) (“The four principles and traditions to be discussed demonstrate that the reasons marriage is fundamental under the Constitution apply with equal force to same-sex couples”).

[30] See N.J. Stat. Ann. § 37:1-1.1 (West, enacted by L. 2021, c. 343, § 1, eff. Jan. 10, 2022); https://www.nj.gov/governor/news/news/562022/20220110b.shtml.

[31] N.J.S.A. 9:17-69 to -71 (the Legal Parentage Act or LPA), effective April 1, 2020.

[32] https://www.nj.gov/njfosteradopt/foster/requirements/.

[33]See https://www.nj.gov/oag/dcj/agguide/directives/ag-directive-2019-3.pdf.