Three Out of Four Anti-Trans Bills Pass in New Hampshire

Last week, New Hampshire’s Republican governor passed three anti-trans bills into law. Gov. Chris Sununu signed bills HB 619, HB 1205, and HB 1312, all of which have catastrophic impacts on trans minors. The bills ban gender-affirming surgeries for trans youth, prevent trans girls from 5th to 12th grade from playing team sports aligned with their gender identity, and require schools to warn parents in advance about sex education instruction that mentions sexual orientation, gender identity, or gender expression. 

HB 619 bans gender-affirming surgeries on trans minors. It additionally classifies referral to or provision of gender-affirming surgery on minors as “unprofessional conduct” and can result in disciplinary action for the provider. New Hampshire and Arizona are the only two states to have banned surgical care for minors while still allowing additional forms of gender-affirming care, such as hormones and puberty blockers. Twenty-four states have banned gender-affirming care in its entirety. 

HB 1205 makes New Hampshire the 26th state to prevent transgender students from playing on a sports team that reflects their gender identity. This new law requires middle and high schools to “expressly designate” all sports teams as either male, female, or co-ed. Team membership is based on a child’s “biological sex at birth.” 

“Public schools should be safe, welcoming environments for all students, regardless of sexual orientation or gender identity,” said Megan Tuttle, president of NEA-New Hampshire, the union representing public school employees. “Shame on Governor Sununu for signing into law this legislation that excludes students from athletics, which can help foster a sense of belonging that is so critical for young people to thrive.”

Sununu vetoed a fourth anti-trans bill from being passed last week. HB 396 would have permitted “classification of individuals based on biological sex in lavatory facilities and locker rooms, sporting competitions, and detention facilities.” Sununu noted a 2018 bill banning discrimination based on gender identity and subsequently scrapped the bill.

It is disheartening to watch legal accessibility to gender-affirming care for trans minors continue to dwindle. Youth gender-affirming surgeries are relatively rare and mostly performed on cis kids. However, research proves the experience positively impacts their quality of life.