New Hampshire Governor Chris Sununu introduces presidential candidate Nikki Haley during a town hall event at the Omni Mount Washington Hotel & Resort in Bretton Woods on January 16, 2024. Photo by Deb Crum/USA Today Network
LGBTQ+ rights in New Hampshire suffered a major blow this weekend, when Republican Governor Chris Sununu signed a sweeping bill on Friday that restricts gender-reassignment medical care and transgender athletes.
While Governor Sununu vetoed HB 396, a bill that would have allowed any individual or organization to use “biological sex” as a criterion for access to gender-specific spaces like restrooms, locker rooms, and prisons, other bills he signed into law have come under heavy criticism as major setbacks for transgender people.
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In a statement explaining his veto, Governor Sununu wrote, “The problem with HB 396 is that it attempts to solve problems that do not exist in New Hampshire, and in so doing creates unnecessary division.”
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But the bill signed by Governor Sununu requires schools to restructure sports so that transgender student-athletes cannot play on the teams associated with their gender, bans gender reassignment surgery for minors, and requires teachers to give parents two weeks’ notice before discussing topics related to gender or sexual orientation.
LGBTQ+ advocates have spoken out against the bill, arguing it would mandate discrimination against transgender children.
“Governor Sununu is the first governor in modern New Hampshire history to enact legislation that discriminates against the transgender community. Let’s be clear: politicians pushing these measures are not defending our freedom or safety, but rather seeking control over our bodies,” Liz Canada, spokesperson for Planned Parenthood New Hampshire Action Fund, said in a statement.
The Canadian government said the laws would have a “devastating impact on transgender people, particularly teenagers, who already face significant discrimination. These bills shamefully deny transgender people autonomy over their own bodies and prohibit health care providers from providing honest and accurate information – a tactic taken from the nation’s anti-abortion strategy.”
One of the bills signed by Governor Sununu, HB 619, would ban “genital sex reassignment surgery,” which can never be performed on transgender minors. The ban would also prevent doctors from referring out-of-state referrals for the procedure.
In a joint statement, the American Civil Liberties Union of New Hampshire and GLBTQ Legal Advocates and Defenders (GLAD) denounced HB 619, saying, “This bill would deny transgender minors access to some health care, impede the ability of parents, transgender people and physicians to make individualized health care decisions, and open the door to further restrictions on an established standard of care that is recognized by every major medical association in the United States as the only evidence-based approach to addressing the physical, mental and emotional needs of transgender youth.”
HB 1312 would amend the law to require public school educators to notify parents at least two weeks in advance before implementing any educational materials or programs related to human sexuality. The amended version of the bill would require educators to notify parents at least two weeks in advance before discussing sexual orientation, sex, gender identity or gender expression.
HB 1205 targets young transgender athletes: school sports teams for grades 6 through 12 would have to be separated based on “biological sex” rather than gender, meaning transgender girls would have to play on boys’ teams or mixed-gender teams.
Megan Tuttle, president of the New Hampshire chapter of the National Education Association, also spoke out against the bill.
“Public schools should be safe and welcoming environments for all students, regardless of sexual orientation or gender identity,” she said. “It is shameful that Governor Sununu signed this bill into law, which removes students from sports that help foster a sense of belonging that is so important to young people’s development.”
“Our politicians continue to fail transgender youth. These laws are not actually about fair sports, healthy classrooms, or overall well-being, but rather they enforce discriminatory views and exclude transgender people from public life,” said Devon Chaffee, executive director of the ACLU of New Hampshire.
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