New Jersey passed a new abortion law. Here’s what you need to know.
Last week, New Jersey Governor Mikie Sherrill signed S2260, a sweeping new law that creates new criminal and civil penalties for certain interference with access to facilities that provide abortion and other so-called “reproductive health care.” The law also designates New Jersey as a safe harbor for abortionists, shielding them from efforts by other states to investigate, prosecute, extradite, or otherwise hold them accountable for providing surgical abortions or abortion pills to women in states where abortion is prohibited or restricted.
Some of the reports surrounding the new law have understandably caused concern among pro-life advocates. But it is important to understand what the law actually says—and what it does not say.
S2260 does not make peaceful prayer illegal. It does not prohibit peaceful sidewalk counseling. It does not prohibit holding signs, offering literature, or simply maintaining a peaceful presence outside an abortion facility. And S2260 itself does not create a statewide 25-foot, 100-foot, or other fixed-distance “buffer zone” around abortion facilities.
You may also have seen language in the bill referring to a “gathering” as two or more individuals. That provision was removed before the bill became law. The final law does not impose a numerical limit on how many people may peacefully gather or pray outside an abortion facility.
The new law largely targets conduct that is already illegal under the federal FACE Act, including purposely or knowingly physically obstructing a person entering or leaving a health care facility for the purposes specified in the law, as well as using force or threats of force to intimidate, threaten, or coerce patients, providers, volunteers, or others. S2260 defines “intimidate” as placing someone in reasonable apprehension of bodily harm, and “physically obstruct” as making entry or exit impassable, unreasonably difficult, or hazardous.
Nothing in the new law makes it unlawful to peacefully stand on a public sidewalk, pray, offer help, speak to women, distribute literature, or hold a sign simply because you are outside an abortion facility.
Every day, women enter Planned Parenthood and other abortion facilities believing they have no other option. Some are under pressure from a boyfriend, husband, or family member. Some have never heard that tangible help is available to them. A peaceful pro-life presence outside the abortion clinic may be the last opportunity to reach a mother before her baby’s life is lost to abortion.
Sometimes the difference between life and death for a child is simply that someone was there: praying, offering help, providing information, and reminding a mother that she and her baby are not alone.
Please do not allow fear or confusion surrounding S2260 to silence that peaceful witness.
Have questions about a particular abortion facility?
S2260 itself does not establish a statewide fixed-distance buffer or “bubble” zone. However, local ordinances, court orders, property boundaries, or other restrictions may differ from one location to another.
If you are unsure where you may lawfully stand, whether a buffer or bubble zone applies at a particular New Jersey abortion facility, or what your rights are if law enforcement or clinic personnel challenge your presence, contact Life Legal for guidance.
If law enforcement directs you to move or leave, remain peaceful and do not physically resist or escalate the encounter. Contact Life Legal as soon as possible so our attorneys can help you understand your rights and determine what steps to take next.
Our attorneys are here to help.
Life Legal Defense Foundation
help@lifelegal.org
707-224-6675
This information is provided for general educational purposes and is not a substitute for individualized legal advice. The law applicable to a particular location or situation may depend on local ordinances, court orders, property boundaries, and other circumstances.
Know your rights. Remain peaceful. And keep showing up for life.