Legislation Would Remove Questions on Forms Requesting Gender or Sexual Orientation
(TRENTON) – To respect gender and sexual identities of all New Jersey residents, legislation sponsored by Assembly Democrats Mila Jasey and Andrew Zwicker to remove blanks and forms requesting gender and sexual orientation information when such data is not relevant was approved Thursday by the Assembly Human Services Committee.
“It’s important that we foster a respectful, inclusive environment for our LGBTQ community in New Jersey,” said Jasey (D-Essex, Morris). “In most cases, questions about sexual identity and gender on registration forms are simply unnecessary. This legislation would remove those questions, except where medically necessary, to help us embrace gender diversity in our state.”
The bill (A-4870) would require that information about a person’s sex, gender or sexual orientation would only be collected when such information is vitally necessary for the health and wellbeing of the inviduals seeking the services. This requirement would be applied to all blanks, forms, documents, and applications furnished to the public for official business by every state department, commission, committee, council or agency.
The collection of information about an individual’s sex, gender, or sexual orientation for the purposes of statistical research or study would be deemed optional, and be clearly marked as such on each document in order to inform each individual filer that services will not be withheld if the filer chooses not to provide such information. Any questions relating to sex, gender, or sexual orientation would be posed in a sensitive manner, and would not infringe upon or threaten the individual’s mental and physical wellbeing; would allow for non-binary designations; and would be consistent with relevant best practices, as recognized by Garden State Equality and other relevant organizations that engage in advocacy on behalf of the state’s LGBTQ communities.
The authority to grant or refuse the disclosure of such information would remain with the individual, or with the individual’s parent or guardian for a minor under the age of 18. No third party actor, including, but not limited to, a health care provider or a state employee or partner, would have the agency to grant or refuse the disclosure of this information.
“It’s no longer appropriate to ask a person about their gender or sexual orientation on a form, particularly if it’s not relevant to the matter at hand,” said Zwicker (D-Somerset, Mercer, Middlesex, Hunterdon). “Every person has a right to basic respect. This bill will allow us to extend more respect to LGBTQ residents of our state.”
Additionally, if the state is required by a federal agency or other federal initiative to collect and report information related to an individual’s sex, gender, or sexual orientation, the state department would set rules for the documentation verifying the applicable federal requirements before it would be authorized to include any questions on corresponding forms, blanks, documents, or applications.
The measure now heads to the Assembly Speaker for further consideration.