N.H. Governor Bills Limiting Trans Health

New Legislation Signed by Governor Sununu

Governor Chris Sununu of New Hampshire, a Republican, signed two controversial bills into law last week, imposing restrictions on transition-related medical care for transgender minors and prohibiting some transgender students from participating in school sports aligned with their gender identities. However, he also vetoed a bill that would have barred transgender individuals from using bathrooms corresponding to their gender identities.

Restrictions on Transition-Related Care

The health care bill, H.B. 619, which takes effect at the beginning of next year, bans transition-related surgeries for transgender minors and prevents physicians from referring patients for out-of-state procedures. Nevertheless, it does not restrict other gender-affirming treatments such as puberty blockers and hormone replacement therapy.

Sports Participation Limitations

H.B. 1205, the sports-related bill, mandates that students from grades 5-12 participate in school sports teams based on the gender indicated on their birth certificates. This law is set to take effect next month.

Read also : US Supreme Court to Review Ban on Transgender Care for Minors

Support and Opposition

Proponents of the legislation argue that minors lack the maturity to consent to life-altering surgeries and claim that transgender girls have physical advantages over cisgender girls in sports. Governor Sununu defended the bills, asserting they reflect a balanced and fair approach that aligns with the values of New Hampshire’s parents and ensures safety and fairness.

“New Hampshire always takes a balanced approach, and HB 619 and 1205 reflect commonsense, bipartisan solutions that reflect the values of parents across our state,” Sununu said in a statement.

Veto of Bathroom Bill

Sununu vetoed another bill that would have prohibited transgender individuals from using bathrooms and locker rooms corresponding to their gender identities, citing that it would create unnecessary discord by addressing issues that are not problematic in the state.

National Context

With Sununu’s signature, New Hampshire joins 23 other states with Republican-controlled governments that have enacted laws limiting transition-related care for minors. Now, 26 states have such laws, according to the Movement Advancement Project (MAP), an LGBTQ rights organization. Additionally, 25 states have laws banning some or all transgender students from participating in sports teams consistent with their gender identities.

Historical Legislative Trends

The push to limit transgender rights in healthcare and sports has gained traction rapidly within the Republican Party, with Idaho being the first state to enact such a sports law in 2020, followed by Arkansas, which limited gender-affirming care in 2021.

Reactions from Advocacy Groups

Chris Erchull, a staff attorney at GLBTQ Legal Advocates & Defenders (GLAD), highlighted the growing movement to restrict transgender rights across the country and its recent impact on New Hampshire politics. The New Hampshire Women’s Foundation expressed deep disappointment over the new sports law, urging leaders to focus on more pressing issues like the mental health crisis among youth.

Potential for Litigation

While some states have faced legal challenges over similar measures, it remains uncertain if New Hampshire’s new laws will result in litigation. The Supreme Court is set to hear a Biden administration appeal regarding a Tennessee law banning gender-affirming care for minors, a decision that could influence similar laws in other states.

Personal Impact and Future Concerns

Zach and Sara Tirrell, parents of a transgender teen, Parker, expressed concerns about the long-term implications of the new health care law. While Parker is not currently seeking surgical transition-related procedures, the family worries about potential future restrictions on gender-affirming care, considering relocation if necessary.

“Anytime there is a bill or law in place that prevents us from providing care for Parker, we’ll have to pull up those roots and think about moving somewhere safe,” Sara Tirrell said.