On May 1, New Jersey became the only state in the country to pass a law that recognizes LGBTQ+ owned businesses. The journey was not easy. How New Jersey became the first state (and still only state) in the country to do this — doing so in an era where an anti LGBTQ+ administration is about to take power — is a credit to Gov. Phil Murphy (who signed the bill) and key legislators (led by State Sens. Nellie Pou and M. Teresa Ruiz) who helped it overcome numerous hurdles.
It was a multi-step, multi-year process.
Step 1: In 2021, during the annual Hispanic Heritage event at Drumthwacket, I approached Pou and her chief of staff, Carol Cuadrado, before becoming executive director of the Pride Chamber. I asked for two minutes to discuss the idea. I asked: “Do you think we can get an executive order signed by the governor recognizing LGBTQ+ owned businesses?” Pou said, “There may be a way.” That is how this entire journey began — a two-minute conversation.
Step 2: Pou, with support from State Sen. M. Teresa Ruiz, got the governor to sign Executive Order #295 less than six months later. This was a home run. But it was just the start of the game. The work to write rules and processes in the treasury for the new category, listed as LBE, had to take place. That would take more than six months. In March of 2023, the test applications began. In April 2023, we were certifying LGBTQ+ owned businesses with the help of the NJSBDC.
Executive orders are only as good as the length of time in which an administration is in office. And since New Jersey would elect a new governor in less than two years, I once again reached out to Pou, my friend of 30 years, and asked about codifying the Executive Order into law.
Step 3: Getting a bill passed into law is not as simple as an executive order. The process started quickly — and brought Assemblyman Benjie Wimberly and Sterley Stanley on board — creating the ability to have senate and assembly bills together. This is where the political roadblocks started. When the bills were submitted to the Office of Legislative Services, the Assembly bill was pulled. This did not go over well with Pou and Ruiz. They found a way, with Wimberly, to get the Assembly bill out of OLS. But it wasn’t until the 2023 Gala at the Asbury Hotel, six months later, that a spark of hope appeared. Laura Bustamante, of Tonio Burgos & Associates, said she would work to get the bill over the finish line — to make the executive order a law.
The process began almost immediately.
There were two attempts to get Executive Order #295 codified — once through the lame-duck session in 2023-2024 and again during the last meeting of the legislative session before the budget vote in June 2024. Neither succeeded. The new goal became getting the bills on the agenda for the March of 2024 voting session before the budget talks began.
Step 4: At this point, Assemblyman Don Guardian had signed on to the bill and committee hearings were scheduled. This was now where we could tell our story and grow greater support among the legislators. But even with growing support, there were days that showed, New Jersey is not insulated from the anti LGBTQ+ rhetoric and accusations that occur across the country. This did not stop me, or Laura or the allies that showed up to testify, but it was a wake-up call that this was not going to be easy. At this point, individuals behind the scenes: chiefs of staff Cuadrado (for Pou), Ivonne Rios (for Ruiz) and Yvette Roland (for Wemberly) became key figures in this journey.
On the morning of March 18, 2024, the bills were still being reviewed and moved around on the schedule. For a few moments, they were even taken off the agenda in order to move up other bills. Cuadrado and others were literally running between chambers and offices before they finally got the bills on both agendas. There was one final attempt to stop the bills, but in the end, Guardian and newly elected Assemblywoman Luanne Peterpaul countered everything that was said. In the end, the bills not only passed, but they also passed with bipartisan support.
Step 5: On May 1, 2024, the bill was signed into law by the governor in a private signing.
New Jersey has become the first state in the country to recognize LGBTQ+ businesses with a law on the books. The fight for LGBTQ+ rights isn’t over. But thanks to key allies in every sense of the word, New Jersey is a leader for the LGBTQ+ community at a time it is needed more than ever.
