Gender Discrimination


The Central Jersey Progressive Democrats (CJPD) have been leading the fight against gender discrimination on the ballots for County Committee representatives. An antiquated New Jersey law prevents two women from running together or being elected to a District's County Committee seats, and does not allow a non-binary person to run at all without declaring a gender. There are no other elected offices that have this discriminatory gender requirement, and CJPD believes the law is not only discriminatory, but also unconstitutional on its face. After examining the law (NJSA 19:5-3) in 1997 Burlington County Assignment Judge Wells agreed by striking down the opposite-gender requirement for county chairs and vice-chairs.

So why are County Clerks still attempting to enforce this unconstitutional law? That would be a question best directed to Middlesex County Clerk Elaine Flynn, who refused to allow two women from the same District to run together for County Committeeperson, and for a non-binary candidate to run without declaring a gender, in April of 2019, despite Judge Wells' ruling and despite the fact that County Clerks in at least six counties do not enforce the gender ID rule. CJPD filed suit against Ms. Flynn in her capacity as Middlesex County Clerk in April of 2019 seeking injunctive relief, and prevailed. You can READ THE VERIFIED COMPLAINT HERE.

Click HERE for further information about New Jersey's County Committee Seats and Gender ID Requirements.

To read the press coverage of the Gender ID lawsuit, click on the links below:

Let Us Run - Old-Fashioned Rules Harm Women & LGBTQIA People (Blue Jersey, March 22, 2019)

Progressives File for Committee Seats, Challenge Discriminatory Law – Women, LGBTQIA candidate urge County Clerks to End Gender Identity Requirements for Office (Insider NJ, April 5, 2019)

Middlesex County Democrats Try to Overturn ‘Outdated’ Gender Rule (NJ Spotlight, April 8, 2019)

Vote for 1 man, 1 woman. This rule still applies in N.J. party elections, but not this county. (, April 18, 2019)

Central Jersey Progressive Democrats Pursue Permanent End to Gender Discrimination on County Ballot (Insider NJ, February 4, 2020)

Middlesex Dems ends one-man/one woman county committee rule (New Jersey Globe, February 5, 2020)