A bill aimed at shielding New Jersey’s reproductive and transgender healthcare providers and patients from out-of-state and federal prosecution was expected to receive a final vote on the Assembly floor Thursday, June 11. This was the last step before it could go to the governor’s desk.
That vote did not happen as planned, and the bill, A2218, has been pushed back to an unspecified future date.
The delay followed last-minute concerns raised by journalists and civil rights attorneys earlier in the week regarding the constitutionality of one section of the bill. The provision in question, Section 5A5, would allow legal claims based on “mental anguish” caused to providers or patients. Some free speech advocates argued this standard could be applied too broadly, potentially exposing journalists and others to liability for routine speech or reporting.
In a statement issued Wednesday, June 10, Garden State Equality and a coalition of civil and reproductive rights organizations said the bill’s language was “crafted carefully and narrowly” and includes a severability clause, but that they remain committed to amending the bill to address the First Amendment concerns while preserving its core protections.
Lauren Albrecht, GSE Senior Director of Advocacy and Organizing, said the bill will be amended and then must be concurred by the state Senate, since the Senate’s version differs from the Assembly’s. “We’re told that we’re getting it done, and I believe that we’re getting it done,” she said, adding that the bill’s legislative partners “want to see this put to bed.”
Despite the delay, a rally in support of the bill went ahead as scheduled Thursday morning at the Statehouse in Trenton, drawing eight partner organizations and several state legislators.
