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Capitol Report: Heavily Debated Freedom to Read Act Remains on Governor’s Desk

By NJSBA Staff posted 11-07-2024 02:56 PM

  

The New Jersey Legislature sent a bill to the governor that would establish requirements for library material in public school libraries and public libraries and establishes protections for school library staff members and librarians. S2421 (Zwicker)/A3446 (Drulis) awaits Gov. Phil Murphy’s approval. The New Jersey State Bar Association did not take a position on this bill, but closely monitored its movement. 

“In recent years, public and school libraries have come under attack by a small number of individuals hoping to erase diverse materials from bookshelves, usually targeting works focused on race and LGBTQ+ themes. Today, New Jersey stands firmly in defense of the freedom to read and the importance of inclusive educational spaces,” said Sen. Andrew Zwicker. 

The bill was heavily debated in committees and during voting with opponents voicing concerns that the bill would permit “obscene books and materials.” Sen. Joe Pennacchio, a vocal opponent, stated his concerns on the Senate floor before the 24-15 vote by the Senate. Sen. Jim Holzapfel and Assemblymen Greg McGuckin and Paul Kanitra expressed similar concerns, calling the bill a measure to “give New Jersey bureaucrats more control over local schools and public libraries.” 

Not all Republicans were opposed to the bill. Sen. Jon Bramnick voted in support of the bill because it establishes standards and guidelines for what materials are made available to students in school libraries. Pointing out that the bill preserves a parent’s rights to request removal of materials from libraries and requires local school boards to create a procedure to process those requests, Bramnick was encouraged that “questionable provisions were removed” from the bill throughout the legislative process. 

Senate Judiciary Committee Considers Reproductive Rights Bill Package

The Senate Judiciary Committee considered the “Reproductive Freedom and Health Equity” bill package to protect and expand access to reproductive care in New Jersey. The bill package sponsors, Senate President Nicholas Scutari and Senate Majority Leader M. Teresa Ruiz, introduced S3492 to provide funding to train health care professionals who provide reproductive services and enhance security and operations at reproductive care facilities; S3493 to require affirmative written consent for certain entities to disclose a person’s medical information, with limited exceptions; and S3494 to require four-year public institutions of higher education to develop and implement a comprehensive reproductive health services plan. The NJSBA is closely monitoring these bills.

The bill package comes on the heels of the reversal of Roe v. Wade, according to the sponsors. “New Jersey is not only affirming its commitment to reproductive rights but solidifying itself as a national leader in the delivery of these services,” Scutari said. Ruiz underscored the purpose of the bills to fund reproductive health care services and “creating a more equitable system where high-quality, private, and safe care is accessible to every community in New Jersey.”

Around the country, states have put the issue on the ballot. Missouri voted to amend its state constitution to protect abortion rights. Arizona also approved a measure to establish a fundamental right to abortion. Montana, Nevada, Colorado, New York and Maryland all voted to enshrine abortion rights in their state constitutions. Measures in South Dakota, Nebraska and Florida fell short, leaving the abortion ban in place.

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