Assembly committee advances bill targeting crisis pregnancy-center advertising amid constitutional objections

The New Jersey Assembly Committee on Community development and Women's Affairs voted to release Assembly Bill 861 with committee amendments after hours of testimony from pregnancy resource centers, legal advocates and state lawmakers.

The bill, as read into the record by committee staff, would amend the New Jersey Consumer Fraud Act to add penalties and investigatory requirements for certain deceptive advertising by nonprofit crisis pregnancy centers. Supporters of the centers said the measure singles out faith-based nonprofits and infringes on free speech and religious exercise; proponents of the bill said it aims to protect people seeking pregnancy-related care from misleading statements.

The measure drew sustained opposition from center operators and allied organizations. Sean Hyland of the New Jersey Family Policy Center told the committee, “We do urge you to vote no on assembly bill 861,” calling the measure “a campaign of hostility toward faith based pro life pregnancy centers.” Eileen Denblaker, an attorney representing the New Jersey Association of Pregnancy Centers, argued the bill “would amend the provisions of the New Jersey Consumer Fraud Act to cover non commercial charitable services offered to the public free of charge,” and said that the targeted definition in the bill—centers “that do not refer for abortion”—makes the regulation content-based and constitutionally suspect. Denblaker repeatedly referenced the U.S. Supreme Court decision NIFLA v. Becerra and urged the committee to consider the Office of Legislative Services legal review when assessing constitutionality.

Multiple center operators described the services they provide. Joan Fasanello, director of LifeChoices Inc. in Phillipsburg, described a long-running local program that offers free ultrasounds, prenatal referrals, parenting classes, day care and emergency shelter. Marie Tassy of New Jersey Right to Life and others highlighted figures included in testimony—citing a 2022 summary that pregnancy resource centers provided over $3.6 million in goods and services to more than 23,000 people, including thousands of pregnancy tests and ultrasounds.

Committee members questioned witnesses about the bill’s legal reach and about which centers are and are not licensed to provide medical services. Several witnesses and members referenced the Office of Legislative Services opinion circulated to legislators, which, they said, raised constitutional concerns. Opponents argued the bill’s language could allow the attorney general to seek cease-and-desist orders and civil penalties against nonprofit centers for speech-based conduct; supporters of the bill said the changes would add transparency and investigatory timelines for complaints.

On the motion to release A861 with committee amendments, the roll-call vote was: Assemblywoman Fantasia — No; Assemblyman Barlas — No; Assemblywoman Ramirez — Yes; Assemblywoman McCance D'Amato — Yes; Vice Chair Lopez — Yes; Chairwoman Sumter — Yes. The committee recorded the measure as released with committee amendments.

The hearing record contains multiple recommendations from testifiers that the sponsor and staff revisit the bill’s definitions and the Attorney General enforcement language to avoid constitutional problems and to clarify which services and representations would trigger the statute’s penalties. Chairwoman Sumter thanked testifiers and encouraged continued engagement with the sponsor as amendments were considered.

The committee release advances A861 to the next legislative step; the bill text and committee amendments will determine whether the concerns cited in testimony are addressed before final legislative action.