Answering the questions about Governor Sherrill's landmark abortion and gender transitioning law
All eyes have been fixed on New Jersey this past week, and for all the wrong reasons. National headlines flooded social media feeds with the claim that praying outside abortion clinics or gender‑transitioning clinics is now banned in our state. But is that really the case?
The simple answer is “No.”
The more complicated answer is “We will find out.”
According to NJ.com, Governor Sherrill’s spokeswoman, Maggie Garbarino said, “This legislation protects patients and providers from threats to their safety, and defends the fundamental freedom to make personal decisions without fear or intimidation. Nothing in this law prevents lawful, peaceful protest or the exercise of constitutionally protected speech.”
Prayer is not explicitly banned—intimidation is.
But here is where the concern arises: abortion‑rights activists routinely claim that people who pray outside clinics are doing so to intimidate them. In their view, people should pray at home or in church, because choosing to pray outside an abortion clinic is done for the purpose of intimidation. That tension is why the implication of this law is not clearly known.
This raises the likelihood of police being called on pro‑life sidewalk counselors by abortion activists or clinic staff. The practical questions remain unanswered. Will law enforcement arrest individuals who are praying because someone alleges they “feel intimidated” by their presence? Will officers instruct them to relocate? How will the State choose to apply this law in real‑world situations?
I am confident that if someone is falsely accused of intimidation for simply praying, holding a sign, or offering alternative help to distressed and confused parents considering abortion, they would ultimately be found innocent in court. But that does not eliminate the risk. A peaceful person could still be arrested, charged, and forced to defend themselves—enduring the legal process even when they have done nothing unlawful.
In the final analysis, by using broad, undefined language, this law creates a scenario where the possibility of being arrested becomes its own form of intimidation against pro‑life prayer groups. The result is a chilling effect on free speech and religious expression. In fact, there have already been reports in New Jersey of a group that once held regular prayer walks around abortion clinics cancelling their gatherings out of fear of arrest.
Our friends at the Family Research Council in Washington, D.C. asked NJFPC Director of Advocacy Shawn Hyland to join their Washington Watch program a few days ago to help explain what the law does and how pro-life advocates can protect themselves from false allegations.
