Photo/Ben Kremer, New Hampshire Youth Athletic Law Takes Effect
On July 19, Governor Sununu signed into law several bills designed to purposefully target transgender people living in the state. The bills are part of the state government’s ongoing efforts to target LGBT people living in New Hampshire. Similar legislation was also proposed in early 2023, but failed to pass any of them that year.
Here are the bills (all originating from state legislatures) that could become law in 2024:
HB 396: The language of this law suggests that protections against discrimination are available, but only based on “biological sex.” This definition is not clearly stated. Transgender people who have had surgery may be eligible for protection under this law, but transgender people who have not had surgery may not. It is also unclear whether people with ambiguous genitalia are eligible for such protections. State judicial systems will someday have to determine when and where this law applies, and if it applies at all.
At first glance, the bill appears to be aimed at stripping away protections for transgender people, especially those who may be undergoing social transition without medical intervention. The bill’s process began in January 2023. The lead sponsor is Republican Jim Coffart, who represents Hillsborough’s 32nd House District.
HB 1205: This bill would ban transgender underage athletes from participating in sports teams that correspond with their gender identity. Instead, they would be required to participate on teams that correspond with the biological sex listed on their birth certificate. According to members of 603 Equality, there are five underage transgender athletes in states that would be affected by this bill.
The bill would not affect adult transgender individuals who play in sports leagues outside of public schools that match their gender identity.
This law could have unintended consequences. One is when girls want to play baseball or football in small school districts that aren’t large enough to have girls’ teams play regularly. HB 1205 would prohibit that situation. It also opens the door for concerned parents to report young athletes to school districts who don’t look like standard male or female athletes, regardless of whether the student is transgender.
In 2021, NPR interviewed Dr. Eric Biran, a pediatrician and geneticist who has studied sports science on gender differences among athletes. Dr. Biran argued that there is no “good faith” basis for introducing such a ban when it comes to transgender female athletes playing in high school sports. Physically, those who enroll as men have more bone density and muscle mass than women of the same age, but that advantage is largely negated by long-term hormone replacement therapy, which replaces testosterone with estrogen.
Additionally, mandating that transgender male athletes who are currently undergoing hormone treatment participate in girls’ sports would give transgender men an unfair advantage because the hormones they take make them stronger than their teammates.
The bill was introduced by Republican Louise Andrews, who represents Merrimack’s 5th District.
HB 1312: Colloquially known as New Hampshire’s “Don’t Say Gay” law, this law requires public school teachers to provide parents with two weeks’ notice before introducing any material related to “sexual orientation, sex, gender identity, or gender expression.” The law explicitly targets LGBT content, and while the bill’s language specifies LGBT as objectionable material, it doesn’t explicitly distinguish between heterosexual and homosexual orientations, or homogenous and heterogenous identities.
The bill could, in theory, prohibit teachers from discussing or presenting heterosexual material in class, such as William Shakespeare’s Romeo and Juliet. Under the law, such material would be considered objectionable. In a sense, the Christian Bible might also be considered objectionable, since it often discusses marital relations, which is a form of sexual orientation. Objectionable material could be a wide range, including books, films, plays, essays, and other educational materials, but the law explicitly targets LGBT material.
If a parent objects to the materials presented to them, they must provide an alternative, at their own expense, agreed upon by the school district and the parent.The lead proponent of the proposal is Republican Rep. Christine Perez, of Rockingham’s 16th District.
Photo/Ben Kremer, New Hampshire Youth Movement
HB 619: This law is a solution to a problem that doesn’t exist. It provides for a ban on gender reassignment surgery on minors under the age of 18. Prior to its introduction on January 12, 2023, Darmus-Hitchcock Hospital, the state’s leading gender reassignment surgery center, required that anyone seeking such treatment be 18 or older. It did not accept minors for surgery, even with a doctor’s recommendation.
The bill would ban all types of gender reassignment treatments, including hormone blockers, hormone replacement therapy, and transgender-specific mental health care, and would seem to be a precursor to encouraging forced gender transition. One of the Republican goals, made clear by CPAC chair Michael Knowles in 2023, is to “eliminate transgenderism.”
At the time of writing, the bill’s passage would not affect anyone in New Hampshire, nor would it require any policy changes at the state’s major surgical centers that offer gender reassignment surgery. The bill’s lead sponsor is Republican Rep. Terry Roy, who represents Rockingham’s 31st District.
Community response
When the bill reached Governor Sununu’s desk, LGBT advocacy group 603 Equality held a rally in Concord on Sunday, June 21, to allow everyone to voice their thoughts and opinions on the new law, whether it was signed or vetoed. After the bill was signed into law, the atmosphere at the rally took a somber and somber tone.
Another meeting was held on Monday, June 22, via Zoom for those who were unable to come to Concord.
603 Equality began to shift its focus from the community to the politicians after trying to work with legislators and the governor without success, many of whom were not likely to change their minds after seeing the information the group presented.
Alice Wade, executive director of 603 Equality, sees the proposed bill as attacking transgender people from all sides.
“The Republican Party [the existence of transgender students] “It’s an attack on transgender girls,” Wade said. “It’s an attack on their ability to go to the bathroom, their ability to play on sports teams, their ability to get the medical care they need. It’s an attack on their ability to even be talked about in school and learn about who they are.”
Lyns Jakouz, founder of 603 Equality, highlighted the joy that transgender people experience. She challenged the narrative that being transgender is gloomy and frightening, often asserted by those who focus on the depressive effects of gender dysphoria. Jakouz recalled her own gender reassignment surgery as a moment of great joy, something she looked forward to and did not regret. According to Jakouz, people transition not because of peer pressure or a desire to fit in, but because they want to live as their true selves.
“Hearing the news on Friday was really hard,” Jakobs said. “I was planning on going to a drag show with my friends on Friday night and it was really hard to get off the couch and go there. But it was also a really hard burden to carry. I remember one family already moving out of state because they realized how serious this was.”
The people on the Zoom call, all of whom asked to remain anonymous, recalled other families they knew who had moved. These families had bought homes in New Hampshire. They were ready to put down roots and raise their families in the state. But the chilling effect of anti-LGBT laws taking effect in 2023 and 2024 made them decide the state wasn’t safe for their children.
This is similar to the situation in Florida where transgender youth have moved to other states where they “feel safer” after a series of anti-LGBT laws initiated by Governor Ron DeSantis. Josie, the transgender youth in this story, moved with her family to a location near Providence, Rhode Island.
Journalist Erin Reid, founder and owner of the digital media outlet Erin in the Morning, regularly creates legislative risk maps based on her research of laws proposed and passed in each state legislature. As of July 2024, Rhode Island was the “most protective state.” New Hampshire was a “high risk” state, and Florida was the only state in the country with a “do not travel” designation.
These risks could increase in January 2025, when the annual bill is introduced in the state House and Senate. Given the activity of state lawmakers over the past two years, we’re likely to see more anti-LGBT bills.
Photo by Ben Kremer, New Hampshire Youth Movement
Lisa Beaudoin, executive director of the New Hampshire Council of Churches, released the following prepared statement:
The mission of the New Hampshire Council of Churches is to
An unshakeable belief in God’s all-encompassing love.
Uniting New Hampshire churches and faith leaders
the inherent dignity of every person. In response to the Governor’s choice to sign
We express our deep disappointment and sadness at the passage of three anti-trans bills.
Concerns that discrimination against transgender siblings will be legislated.
As believers, we believe that all human beings are created in the image of God.
We deserve respect, dignity, and love. These new laws are a testament to our collective
Targeting individuals and excluding them on the basis of their discrimination violates fundamental principles.
Gender identity. Such actions are in direct conflict with the teachings of our faith.
It calls us to love our neighbor as ourselves and to stand up against injustice.
All its forms.
We call on lawmakers to repeal these harmful measures and draft legislation
It enhances and affirms the inherent worth of all Granite Staters.
It compels us to strive for a society in which all people are treated equally and equally, regardless of gender.
People who have an identity can live as they are without fear of discrimination.
God’s Inclusive Love, We Call on Elected Officials to Strengthen New Hampshire Communities
Through laws that reflect the values of compassion, equality and justice for all.
Finding hope in each other
Solutions proposed or suggested to what activists see as the rise of “mob bullying” laws have mostly involved working with others. Some suggested white supremacy task forces. Others suggested engaging more closely with members of the community who may be misinformed or underinformed.
Their approaches to lawmakers and local residents were polar opposites.
While describing their legislators, one participant said, “It’s tough to put yourself out there in front of the public like that and then be faced with the fact that your feelings and opinions don’t matter. It feels like they’re literally trying to erase us. No matter how acceptable I am to them, they literally don’t want trans people in the state.”
Conversely, the participant also stated, “I want to spend time with those who I know aren’t at that stage yet. How do we continue to care for each other? This is something we’ll be wrestling with for a while. I really want to focus on community care and bring healing and love and joy to each other.”
“We really need to come together and share our feelings before we think about what to do next,” said Jakobs, who said he wants better people to represent the state in Concord. “What we need to do to slow down is important. We can’t run at full speed all year long or we won’t be able to sustain this job.”
603 Equality will be working to repeal these new laws. Other groups may choose to challenge the laws in court. And some, like those in Concord and those who attended the Zoom event, are seeking solace, comfort and hope for their loved ones.
