New Hampshire Passes 3 Anti-Trans Bills In One Day, With Potentially More To Come
On Thursday, New Hampshire passed a transgender sports ban, a bill that defines LGBTQ+ topics as "objectionable material" in schools, and a ban on trans surgeries under 18.
On Thursday, the New Hampshire Legislature passed three separate anti-trans and anti-LGBTQ+ bills targeting transgender people in sports, schools, and medical care. All three bills are now headed to the governor's desk for final passage. Gov. Sununu has not yet indicated whether he will sign the bills. However, the governor previously joined 24 other Republican governors in a letter opposing President Biden’s Title IX rules that bar discrimination against transgender people in schools. More anti-trans bills are expected to be heard and potentially voted on next week.
Among the bills that passed were:
House Bill 1205: This bill bars transgender youth from participating in sports that match their gender identity from grades 5-12. If a student’s "biological sex" is unclear or challenged, the law requires that "other evidence" of their assigned sex at birth be provided. This provision has been interpreted to potentially require genital inspections. Senator Ruth Ward, when confronted with these concerns, stated, "There are ways of finding out whether you’re a male or female... I would check with the coach or medical physician for the team," which did not alleviate concerns. Similar laws have been blocked in courts in West Virginia and Ohio.
House Bill 1312: This bill is similar to "Don’t Say Gay or Trans" legislation that has been passed in a variety of other Republican-controlled states nationwide. It defines LGBTQ+ topics as "objectionable" and requires two weeks of notice before any curriculum or course material used for instruction around sexual orientation or gender identity is introduced and could allow parents to opt their children out. Democrats argued that the bill was overly broad and could require notice for any book dealing with gender identity and sexuality, including books depicting heterosexual relationships. Similar concerns were used to dismiss a law in Iowa in court after a judge determined that merely mentioning a husband and wife could run afoul of the law.
House Bill 619: House Bill 619 bars bottom surgery for transgender youth in the state. Although such surgeries are exceedingly rare and no evidence was presented that they are occurring in New Hampshire, the bill sets a precedent that elected officials should have a say over the healthcare decisions of individual transgender patients and their doctors. Importantly, the law also prohibits referrals out of state, which could limit options and information for transgender youth.
Two more bills are still being considered in the state and may be heard next week. House Bill 1660 would bar Medicaid coverage for any gender reassignment surgeries for those under 18, including chest masculinization or feminization surgeries. Courts have recently ruled that such bars on coverage is unconstitutional, including landmark rulings from the 4th and 11th Circuit Courts of Appeal. Also pending is House Bill 396, which could roll back discrimination protections for transgender people and would allow for discrimination in bathrooms, sports, competitions, correction centers, mental health hospitals, and more.
New Hampshire appears poised to become one of the most risky states for transgender youth and adults in the Northeast. All surrounding states have passed significant protections for transgender people, including "shield" laws that protect the privacy of patients seeking reproductive or gender-affirming healthcare across state lines. Should nondiscrimination protections be rolled back, transgender people may face a confusing landscape over such simple questions as whether they are allowed to use the bathroom as they travel through the state. Similarly, regional sporting events could be heavily impacted.
The votes in New Hampshire previously came down to the wire in the House. For every bill listed, a number of House Democrats voted yes, were marked as present not voting, or missed the vote and were recorded as absent. Although Democrats do not hold a majority in the House, more than 12 Democrats failed to vote “no” on virtually every bill when they were heard in the House, allowing the bills to pass. Some legislators have contended that this is due to the size of the New Hampshire House, which consists of 400 members, leading to many members missing votes due to illness. This issue seemed to affect Democrats more severely than Republicans for most votes, and even motions for reconsideration on separate days similarly failed. Notably, the "objectionable materials" bill passed by only a single vote, with 13 Democrats not voting or abstaining.
Reacting to the votes, Linds Jakows, Founder of 603 Equality, said, “Today, the so-called ‘Live Free or Die’ State sent a harmful message to LGBTQ Granite Staters, especially transgender young people, by attacking their healthcare, opportunities for inclusion at school, and access to learning about people like them. Now, Governor Sununu must clearly affirm that these bills have no place in a state that just 6 years ago, became the first entirely Republican-controlled state legislature to update its nondiscrimination law to include trangender people. In 2018 he said repeatedly that ‘it’s the right thing to do.’ Mr. Sununu, treating transgender people with dignity and respect is still the right thing to do.”
Remaining votes are scheduled for next week. Meanwhile, Governor Sununu has not indicated whether or not he will sign the bills that have passed.
You forgot to mention that they also passed a bill issuing new license plates that now say "Live The Way I Want You To or Die."
I'd been fearing this day for a long time. It was always the outlier on the map, and I always hoped NH would join in solidarity with its neighboring states, but deep down I knew it would not. It's more than a bit heartbreaking to see, frankly...