New Laws Taking Effect
On July 19, Governor Sununu signed several bills into law which were deliberately designed to target transgender individuals living in the state. The bills were part of an ongoing effort by the state government to target LGBT individuals living in New Hampshire. Similar laws were also proposed at the beginning of 2023; all failed to pass that year.
In 2024, the bills passed (all originating from the state house) into law are:
HB 396: While the text of this law suggests it is enabling protections against discrimination, it is only doing so based on the basis of “biological sex.” The definition of this is not clearly spelled out; a transgender person who has had surgery may be entitled to protections under this law where a transgender person who hasn’t had surgery may not. It is also unclear whether persons with ambiguous genitalia are entitled to any such protection. The state’s judicial system will, at some point, have to decide where and when, if at all, this law applies.
On the face of it, the bill appears designed to strip away protection for transgender individuals, especially for those who may be undergoing social transition without any medical intervention. The process for this bill started back in January 2023. Its primary sponsor was Republican Jim Kofalt. representing Hillsborough District 32.
HB 1205: This law bans transgender minor athletes from participating in the sports teams that conform with their gender identity. Instead, they must participate in teams that conform with their biological sex on their birth certificate. According to members of 603 Equality, there are five transgender minor athletes in the state this law would affect.
The bill would have no effect on adult transgender individuals playing in sports leagues that conform with their gender identity outside of public school.
This law has several unintended consequences waiting to happen. Among those are female students in a small school district wishing to play baseball or football where female teams are not of sufficient size to play games on a regular basis; HB 1205 would prohibit such situations. The law also opens the door for concerned parents to report young athletes whose physical appearance may not conform with standard notions of male or female to their school district, whether that student is transgender or not.
In 2021, NPR interviewed pediatrician and geneticist Dr. Eric Vilain, who studied sports science in regards to sex differences between athletes. Vilain claimed there was no “good faith” basis to introduce such a prohibition when it came to transgender girls playing high school sports. While a person who matriculates physically as a male experiences greater bone density and muscle mass than a woman of the same age would, that advantage is largely negated after a long period of hormone replacement therapy in which testosterone is replaced with estrogen.
Moreover, requiring transgender male athletes currently on hormones to participate in women’s sports introduces an unfair advantage, as the transgender male will become stronger than his teammates as a result of the hormones he is taking.
The bill was sponsored by Republican Louise Andrews, representing Merrimack District 5.
HB 1312: Colloquially, this has been called New Hampshire’s “Don’t Say Gay” law. This law requires a two-week notice to parents to be given before a teacher at a public school introduces content relating to “sexual orientation, gender, gender identity, or gender expression.” While the law is clearly aimed at LGBT content, which the text of the bill specifies as objectionable material, it does not make a clear demarcation between heterosexual and homosexual orientations, nor of homogeneous identities or heterogeneous identities.
The bill could, in theory, prevent school teachers from discussing in class or presenting material that deals with heterosexuality, such as William Shakespeare’s Romeo and Juliet. Under this law, such material would be considered objectionable. In some respects, the Christian Bible may also be considered objectionable, as it often discusses relationships between husband and wife- a description one kind of sexual orientation. Objectionable materials could take a wide array of books, movies, plays, essays, and other educational material; though the law is clearly aimed at LGBT content.
If a parent does object to the material being presented, they must provide, at their own expense, an alternative agreed upon by the school district and the parent. Its primary sponsor was Republican Kristine Perez representing Rockingham District 16.
HB 619: This law is a solution for a non-existent problem. It specifies that gender reassignment surgery for transgender minors is prohibited for anyone under the age of 18. Prior to its introduction on January 12, 2023, the state’s leading plastic surgery center for gender affirming care, Darmouth-Hitchcock Hospital, required that anyone seeking such care be 18 years or older. They did not accept minor children for surgery, even with a doctor’s recommendation.
The bill appears to presage a ban on all types of gender affirming care, such as hormone blockers, hormone replacement therapy, and transgender-specific mental healthcare in favor of forcible detransition. One Republican goal, made apparent by CPAC speaker Michael Knowles in 2023 is to “eradicate transgenderism.”
At the time of writing, the bill’s passage into law affects no one in the state of New Hampshire and requires no policy changes for major surgical centers offering gender-affirming surgeries in the state. Its primary sponsor was Republican Terry Roy, representative of Rockingham District 31.
Community Reaction
When the bills came to Governor Sununu’s desk, 603 Equality, an LGBT advocacy group, organized a meeting in Concord on Sunday, June 21st, to allow everyone to voice their thoughts and opinions on the new laws, whether they would be signed or vetoed. After the bills were signed into law, the meeting took on a somber, morose tone.
Another meeting followed Monday, June 22, on Zoom, for those unable to make it to Concord.
After trying to work with legislators and the governor but finding no success, 603 Equality has begun shifting their focus towards communities rather than the politicians, many of whom were unwilling to change their minds even in the face of information presented by the group.
Alice Wade, secretary for 603 Equality, saw proposed legislation attacking transgender individuals from all sides.
“Republicans seized on [the existence of transgender students] to attack trans girls,” Wade said. “Attacking their ability to go to the restroom, to play on sports teams, to get healthcare they need. They’re even attack their ability to discussed in schools, to learn about their own existence.”
Linds Jakows, founder of 603 Equality, emphasized the joy that transgender individuals experience. They challenged the narrative that a transgender person’s existence is a dreary, dreadful one, often espoused by individuals who focused on the depressive effects of gender dysphoria. Jakows recalled their own gender-affirming surgery as a moment of great joy, something they were looking forward to and did not regret. According to Jakows, people transition not because of peer pressure or a desire to fit in, but because they wish to live as their authentic selves.
“It was really hard to get the news on Friday,” Jakows said. “I had wanted to be with friends at a drag show Friday night, but it was really hard to pull myself up off the couch and get there. It was hard carrying the heaviness at the same time. I can think of one family who have already moved out of the state, seeing the writing on the wall.”
People in the zoom meeting, all of whom wished to remain anonymous, recalled other families they knew who had moved out. These families had purchased a home in New Hampshire. They had been ready to set down roots and raise their family in the state. However, with the chilling effect of anti-LGBT laws in 2023 and 2024, they deemed the state unsafe for their children.
This echoes situations such as one in Florida where a transgender youth departed that state for another that “felt safe.” A series of anti-LGBT laws in Florida, largely spearheaded by Governor Ron DeSantis, caused people to move away. Josie, a transgender youth featured in the story, moved with her family to a location near Providence, Rhode Island.
Journalist Erin Reed, who is the founder and owner of the digital outlet Erin in the Morning, regularly creates a legislative risk map based on her research of proposed and passed laws in each state legislature. As of July 2024, Rhode Island was a “most protective state.” New Hampshire was a “high risk” state, while Florida was the only state in the country given a “do not travel” designation.
Such risk may increase in January 2025 when the yearly submitted bills appear in the state house and senate. Given the activity of state legislators in the last two years, more anti-LGBT bills are likely to appear.
Lisa Beaudoin, Executive Director of the NH Council of Churches offered the following prepared statement:
At the New Hampshire Council of Churches, our mission is rooted in the
unwavering belief in God’s inclusive love. We stand firm in our commitment to
unite New Hampshire congregations and faith leaders in advocacy for the
inherent dignity of every person. In response to the Governor’s choice to sign
three anti-trans bills into law, we express our profound disappointment and deep
concern over the codification of discrimination against our transgender siblings.
As people of faith, we believe that every individual is created in the image of God,
deserving of respect, dignity, and love. These new laws undermine our collective
fundamental principles by targeting and marginalizing individuals based on their
gender identity. Such actions are in direct conflict with the teachings of our faith,
which call us to love our neighbors as ourselves and to stand against injustice in
all its forms.
We urge our lawmakers to repeal these harmful measures then draft legislation
which uplifts and affirms the inherent worth of all Granite Staters. Our faith
compels us to strive for a society where all people, regardless of their gender
identity, can live authentically and without fear of discrimination. In the spirit of
God’s inclusive love, we call on elected officials to strengthen NH communities
through laws which reflect the values of compassion, equality, and justice for all.
Finding Hope in One Another
Solutions offered or proposed to the rise of what activists view as laws of “mass bullying” most often included working with other people. One person suggested a white nationalism response team. Others suggested more closely interacting with community members who may be misinformed, or may be lacking information.
Their approach towards legislators and community members were at polar opposites with one another.
When describing legislators, one participant said, “It’s hard to put so much of yourself out there to the public and encounter your feelings don’t matter, your opinions don’t matter. Feeling like they’re literally trying to erase us. It doesn’t matter how palatable I make myself to them, they literally don’t want trans people in the state.”
Conversely, that participant also said, “I want to spend time with people in my life who I know aren’t there yet. How we can continue to take care of each other. This is going to be continue to be a thing we continue to deal with for a while. I really want to lean into community care and bring healing and love and joy to each other.”
Jakows, who said they want to have better people representing the state in Concord, said, “Sometimes we really just have to feel our feelings together before we know what to come up with what to do next. It’s important what we need to do to slow down. We can’t go at top speed the entire year or we won’t be able to sustain this work.”
603 Equality will work on getting these new laws repealed. Other groups may choose to appeal the laws in court. Still others, such as those who participated at the Concord and Zoom events, look to their loved ones for comfort, solace, and hope.