Executive Order Exempts Name Changes From OPRA

New Jersey Gov. Phil Murphy has signed an executive order which exempts all name change orders filed with the state’s Department of the Treasury after 1948 from the Open Public Records Act.

Meanwhile, newly introduced legislation targets court fees in name change matters.

Executive Order No. 311 requires the state’s Treasury Department to keep all name change orders confidential. The order was signed during Transgender Awareness Week and is designed to further Murphy’s commitment to support and protect the LGBTQIA+ community, he said.

“A person’s name change can be a critical step in gender transition or affirmation of their gender identity, but many who wish to change their name have legitimate safety and privacy concerns with maintaining legal records of their name change,” Murphy said in a statement. “I am proud to sign an executive order today, during Transgender Awareness Week, that will help protect privacy, and support New Jerseyans who wish to change their names without fear for their safety.”

In a 2021 court rule amendment, the New Jersey Supreme Court excluded all records in name change actions from public access. The executive order aims to align the treasury’s practice with that of the judiciary.

The order does contain several exceptions, including when the requestor is the person who changed their name or a parent or guardian of a minor or where good cause is otherwise shown.

“I am also proud to work with our Legislative partners to reduce financial impediments to changing one’s name,” Murphy added. “In our state, we are committed to ensuring that affordability does not pose an obstacle to someone’s desire to express their identity. We will continue to build a stronger and fairer New Jersey where every individual is given the right to live their truth openly and freely.”

Murphy has partnered with state Sen. Joseph Vitale, D-Middlesex, and Assemblywoman Annette Quijano, D-Union, to reduce barriers to name change. Legislation was recently introduced (S-3332/A-4888) which would waive the $50 fee which is currently required to be filed, along with a court order, to the Division of Revenue and Enterprise Services in treasury.

“With transgender rights coming under fire around the country, New Jersey continues to lead the way in protecting and supporting all members of the LGBTQIA community,” Vitale said in a statement. “Today’s executive order, coupled with the legislation we’ve introduced, will ease safety concerns and remove financial barriers for those seeking to change their name.”

Quijano added: ”There are many reasons why people choose to change their names. For members of the transgender community, the decision to change one’s name is often empowering and identity affirming, but the process of legally doing so can be burdensome. This legislation will allow us to eliminate a financial barrier that currently stands in the way of New Jersey residents planning to change their names. No matter the reasoning behind a resident’s decision, all New Jerseyans deserve the opportunity to embrace who they are and live authentically.”

LGBT RAIN Foundation Executive Director Elaine Helms said: “It is important to address a person who identifies as a certain gender by the name they have chosen, whether or not they have taken hormones or had surgery, they should be referred to by the name of the gender they identify as without pushback. I am pleased that Governor Murphy has put in place an EO to ensure those who seek name changes will be kept confidential.

“This is a much needed safety precaution for the LGBTQ+IA community,” added Helms. “Thank you, Governor Murphy, for your continuous support to make this a safe state for every human being.”