New Jersey Senate Bill S3592

New Jersey 2022-2023 Regular Session

• Introduced: 2/13/23
• Refer: 2/13/23

Caption

Establishes certain protections for persons, providing, receiving, and allowing children to receive gender-affirming health care.

Impact

The bill seeks to protect local families from legal repercussions arising from other states' laws that may limit access to gender-affirming healthcare. It expressly prohibits the extradition of individuals charged in other states for facilitating or providing gender-affirming healthcare under provisions that are allowed in New Jersey. Additionally, it restricts law enforcement and legal professionals from cooperating or responding to inquiries or subpoenas from other states concerning gender-affirming care, thus safeguarding healthcare providers and families against external jurisdictional claims.

Summary

S3592 is legislation introduced in New Jersey aimed at establishing protections regarding gender-affirming healthcare for children. The bill amends the 'Uniform Child Custody Jurisdiction and Enforcement Act' to ensure that a child present in New Jersey for gender-affirming care allows New Jersey courts to make initial custody determinations if there’s a significant connection to the state. It creates temporary emergency jurisdiction if a child is unable to receive such care in their home state. This provision is crucial for families seeking to protect their children’s healthcare rights without fear of punitive actions from other states.

Contention

Notably, the bill has been met with considerable debate. Supporters argue that it fortifies rights to healthcare for transgender minors, allowing families to seek necessary medical services without the fear of legal consequences. In contrast, critics raise concerns that it may encourage conflicts between New Jersey laws and those of states with restrictive policies regarding gender-affirming care. This contentious backdrop underscores societal divisions on gender identity issues and the role of state versus federal authority in health-related law.