New Jersey becomes latest blue state to pass health care shield law for trans care & IVF

Read more at LGBTQ Nation.

The New Jersey General Assembly passed new legislation on Tuesday, the last day of Pride Month, that strengthens the protections around gender-affirming health care, reproductive care, including abortion and IVF, and more. The bill now sits on Gov. Mikie Sherrill’s (D) desk awaiting her signature, which it is expected to receive.

The passage is a win for the trans community. The bill passed the same day the Supreme Court dealt a blow to trans rights with its West Virginia v. B.P.J. ruling.

Speaking with the New Jersey Monitor after the vote, Jennifer Williams, a Trenton city council member who is trans, said, “New Jersey is a great, liberty-loving state that will remain a safe haven for those who want to live happy, productive lives while accessing medically necessary and proven medical care.”

The bill’s passage comes after a long battle from LGBTQ+ advocacy groups, including Garden State Equality. In a statement, Lauren Albrecht, the organization’s senior director of advocacy & organizing, said, “By passing this bill, the Legislature has sent the message that bodily autonomy and access to medically necessary, best-practice healthcare are New Jersey values. As other states and the federal government attack reproductive and trans healthcare, we have made it clear that the Garden State will protect both the lifesaving care itself and the people who provide it. Our priorities now will be to ensure Governor Sherrill swiftly signs this legislation and, afterwards, to educate healthcare providers on these new and bolstered protections.”

The new legislation makes no changes to what medical care is or isn’t available in the state, but protects access for all to the services that are already provided.

A major aspect of the bill protects providers and patients from being prosecuted by other states, affirming that those who receive or provide care in New Jersey are solely subject to the state laws of New Jersey and to federal law.

That applies not just to citizens of New Jersey, but to “those who travel to [New Jersey] for health care services,” with the bill noting that all “deserve the ability to safely access health care facilities in this State and the critical reproductive health and gender-affirming care services that they provide.”

This prevents states from prosecuting their residents who have crossed state lines to receive healthcare that is banned in their state but legally protected in New Jersey. The authors of the bill point to the fact that since Roe v. Wade was overturned in 2022, 21 states have either banned or restricted abortion access. Since then, New Jersey has seen a 30% increase in out-of-state patients.

They also highlighted Alabama’s ruling that embryos are “extrauterine children” and the threat that sort of ruling could pose to IVF fertility treatments, which are often used by same-sex couples to build their families. New Jersey has legally protected the right to access IVF treatment.

While New Jersey is the latest blue state to pass such a bill, theirs includes an aspect that hasn’t been seen in other legislation. The bill includes prohibitions on “interference with reproductive or gender-affirming health care services.” That includes inflicting injury, physically obstructing them, defacing property, recording people accessing care within 100 feet of the entrance to a clinic, or distributing such recordings.

The legislators cite the fact that since Roe was overturned, there has been a 538% increase in obstructions to reproductive health facilities, and in 2023, there were 23 reported violent incidents and threats made to gender-affirming care providers. The legislation states, “This act is intended to ensure that anti-abortion and anti-LGBTQ+ persons cannot harm patients or providers.”

Mirroring a proposed shield law in California, the bill also requires the written consent of a patient or their guardian for any of their medical records to be provided to an out-of-state authority. A similar shield law in New York was the reason that patients were informed when NYU Langone Health received a criminal subpoena, insisting that they hand over the medical records for minors who received gender-affirming care at the institution.