Trenton, NJ – A controversial state mandate in New Jersey has thrust hospitals into the spotlight, as new parents are now being asked to identify the gender identity and sexual orientation of their newborn babies.
The requirement, tied to a 2022 law signed by Governor Phil Murphy, has sparked outrage among parents, lawmakers, and residents who call it an absurd overreach, while state officials defend it as a necessary step to track health disparities.
The law, known as A-4385 or P.L.2021, c.142, mandates that healthcare providers, including hospitals, collect detailed demographic data from patients—specifically race, ethnicity, sexual orientation, and gender identity—in a “culturally competent and sensitive manner.”
While the legislation was intended to improve healthcare ‘equity’, its application to newborns has raised eyebrows and ignited a firestorm of criticism.
Inspira Health, a prominent hospital network operating four hospitals, two cancer centers, and eight health centers across South Jersey, has implemented the policy through its “Sexual Orientation and Gender Identity (SOGI) Questionnaire.”
The form, introduced in mid-2023, asks parents to categorize their newborn as “male,” “female,” “transgender,” “genderqueer,” or “additional gender category/self-described.”
It also prompts them to select the baby’s sexual orientation from options like “lesbian or gay,” “straight or heterosexual,” “bisexual,” “self-describes,” or “questioning/unsure.”
Parents have reacted with shock and disbelief.
The backlash has been amplified by lawmakers like State Senator Holly Schepisi (R-Bergen), who first brought attention to the questionnaire earlier this month.
“Mandating that parents identify the sexual orientation and gender identity of their newborn child is an absurd waste of medical professionals’ time and resources,” Schepisi said in a statement. “This form serves no practical medical purpose for the care of a newborn baby.”
She has since proposed legislation to halt the practice, arguing that it lacks common sense and burdens exhausted new parents.
Congressman Jeff Van Drew (R-NJ) also weighed in, calling the policy “absolutely insane” in a widely circulated social media post.
“New Jersey hospitals are handing parents forms asking if their newborn baby is bisexual or even transgender—a one-day-old infant. And it’s state law, paid for by your hard-earned taxpayer dollars,” he wrote on March 6.
Inspira Health has defended the questionnaire, stating it is merely complying with state requirements.
“Inspira Health, along with every other acute care hospital in New Jersey, is required by New Jersey law and the State of New Jersey Department of Health to request their patients provide their race, ethnicity, sexual orientation, and gender identity,” spokesperson Paul Simon said. He emphasized that parents are permitted to decline to answer, though many report feeling pressured or confused by the request.
The state Department of Health has acknowledged the controversy but maintains that the data collection is part of a broader effort to address health inequities.
“The Department stresses that any collection of sexual orientation, gender identity data should be done in a clinically appropriate and culturally competent manner, including patient populations for which certain data may not be appropriate, as in the case for newborns,” the department said in a statement.
Public reaction has been swift and vocal. On social media platforms like X, users have expressed horror and disbelief.
One post described it as “next-level stupid,” while another called it “sick and disturbing,” urging New Jersey parents to resist. The sentiment reflects a growing frustration with what many see as an overreach of progressive policies into personal and medical domains.
The debate has also drawn comparisons to similar incidents elsewhere. In 2023, a healthcare center in England faced backlash for asking parents if their newborns were transgender or non-binary, suggesting that New Jersey’s policy is not an isolated phenomenon. Still, the Garden State’s mandate stands out for its legal backing and widespread implementation.
As the controversy unfolds, Schepisi and other lawmakers are pushing for clarity and reform. “I’m speaking to pediatricians to find out what is the appropriate age to consider a child’s gender and sexual identity,” she told NJ.com. “But clearly newborns, toddlers, and kindergartners should not be targeted.”