Is Your Baby Gay? NJ Lawmaker Criticizes Questionnaire

BERGEN COUNTY, NJ — A Bergen County state senator says she'll introduce legislation to fight the use of a hospital form asking patients about sexual orientation and other demographic information — including for newborn babies.

The form arose as a result of a 2022 state law meant to collect demographic information, said State Sen. Holly Schapisi, who represents 23 Bergen County towns. But since there's no age threshold, new parents were being asked about their child's sexual orientation.

Schapisi posted on social media last week, "Yesterday it came to my attention that medical providers, laboratories and hospitals are being forced to provide the questionnaire below to NEWBORN patients. While completely and utterly insane, these facilities are doing so to comply with another nonsensical law A-4385 passed by the Democratically controlled legislature in 2022."

She noted, "This law mandates collection of race, ethnicity, sexual orientation and gender identity data with no age threshold — hence newborn babies receiving the survey. I will be sponsoring legislation immediately to rescind this absurd requirement which is a waste of medical professionals' time and resources."

She showed a copy of a questionnaire, asking if a baby identifies as lesbian or gay, straight or heterosexual.

The matter came to light after a patient at a hospital in South Jersey posted the questionnaire on social media. Schepisi posted the form as well:

She said that while some people asked if the form was fake, her office confirmed that it was real.

"This is my photo," responded one commenter. "I was shocked to open my third trimester packet at my midwifery to find this. I am working on emailing our representatives about it. I'm so glad it made its way to your lap already."

The law was introduced in 2022 amid the covid pandemic.

'Clinically Appropriate Manner'

State Department of Health spokesperson Dalya Eweis said Tuesday that while hospitals and labs are required to ask for demographic information, hospitals can do so in a "clinically appropriate and culturally competent manner."

She said there is training for hospital staff to collect the information appropriately, as noted in this guidance.

She said, “While the statute does not contain any patient exclusions or age limitations for collecting the SOGI data, it also does not limit hospitals in their ability to advise patients in a clinically appropriate and culturally competent manner. To the contrary, it mandates cultural competence training for any staff collecting the data.”

She added, “The Department stresses that any collection of SOGI 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.

"We also recommend that hospitals develop internal policies and procedures based on clinical advice to assist their employees in collecting such data.”

A spokesperson for Inspira Health, the network of South Jersey hospitals that distributed the form in question, responded that the information is voluntary, and that they will "update the protocol" to focus on adults.

"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," said spokesperson Paul Simon. "Per recent guidance from the New Jersey Department of Health stating that health systems can collect that data in a clinically appropriate and culturally competent manner, Inspira Health will request this information from adults."

He added, "This update in protocol remains compliant with the law, and we respect patients’ right to decline to respond."

When asked for clarification about whether their forms will only request data on patients 18 and up, Simon did not immediately respond.

One Facebook commenter on Schepisi's page asked her why she didn't oppose the state law when it was passed in 2022.

She said she was on a family vacation and the issue arose in a "last minute voting session."