Republican assemblymen spar over bill to aid LGBTQ businesses

A bipartisan bill to codify a state certification process for LGBTQ business owners is heading to Gov. Phil Murphy’s desk, opening up the potential for the businesses to win funding, contracts, or other initiatives offered by state agencies.

If signed into law, the bill would cement the certification that already exists under an executive order Murphy issued in 2022. The state Treasury already offers similar certification for businesses owned by women, people of color, and veterans.

The bill led to a disagreement between two Republican lawmakers — an unusual sight on the Assembly floor.

Assemblyman Brian Bergen (R-Morris) affirmed his support for the LGBTQ community but said he only wants to vote for legislation that is supportive and meaningful. He called this measure “bad public policy” and a “symbolic bill benefitting virtually no one.”

Bergen suggested the bill would create preferential treatment for LGBTQ businesses to be offered contracts and funding. He also argued that the only people who would benefit under the bill who aren’t already eligible for this certification are white, non-veteran, gay men.

“Advocates for this bill claim that members of this community have a business disadvantage that necessitates preferential treatment, but that’s not true. These businesses have no disadvantage over other businesses,” said Bergen.

Bergen also took issue with a bill provision that would allow people to contest someone’s certification and force the applicant to defend it in a public forum. He said he offered to amend it to limit challenges, but that push was shot down by Assemblyman Don Guardian (R-Atlantic), the bill’s sponsor and one of the few gay members of the Legislature.

Guardian defended the legislation, recounting his story of living two separate lives in the 80s, one on Long Beach Island on weekends and another in Denville during the week. If he wanted to go out to a bar for a drink or to a restaurant, he had to use Bob Damron’s The Address Book — a pocket-sized guide containing names and locations of gay-friendly businesses.

If he entered the wrong establishment with another man, Guardian said, he risked being thrown out or beaten up.

“That type of business today is no longer accepted. It should not been accepted back then, but today, at this moment, we in the Legislature have the opportunity to right those wrongs,” he said.

Guardian emphasized nothing in the bill provides handouts to LGBTQ businesses, but rather gives them the opportunity to be recognized and remain visible. Over 130 businesses hold the LGBTQ certification already, he said.

“What I’ve heard from the business community is that this certification is helpful for networking, for legitimacy, and for standing out in a highly competitive market,” he said.

Business groups support the bill, saying it would help the state gather more data on LGBTQ-owned businesses.

Assemblywoman Luanne Peterpaul (D-Monmouth), who co-sponsored the bill, is the state’s first out lesbian lawmaker. She called the legislation another step in the state’s path toward inclusivity and equality.

She said that LGBTQ+ businesses contribute over $1 trillion to the U.S. economy but still face discrimination and challenges in accessing capital.

Bergen said people who don’t want to openly disclose their sexuality will be hurt by the bill. But Guardian had a message for the bill’s critics.

“For those of you that are worried about people coming out of the closet, from a personal example I can tell you this is New Jersey, and it was much more difficult to come out of the closet and admit that I was a Republican than it was to admit that I was gay,” he said.

The bill received overwhelming support in both chambers of the Legislature, with just 11 total no votes.