New Hampshire Governor Chris Sununu signed a set of controversial legislations on Friday, which has sparked a contentious debate over transgender rights. The newly enacted laws, known as HB1205 and HB619, impose significant restrictions on transgender youth in the state. Governor Sununu approved these bills, prohibiting transgender girls from participating in school athletic teams that align with their gender identity and banning gender reassignment surgeries for minors.
HB1205 requires schools to consider a student’s biological sex at birth for eligibility in sports activities, necessitating the use of a birth certificate issued at or near the time of birth. If a birth certificate is unavailable, students must provide evidence of their biological sex at their own cost. This law is applicable to students in grades 5 through 12, though it does not affect coed sports or activities. Importantly, it also introduces a cause of action for students who believe they have been deprived of athletic opportunities or have suffered harm due to violations of this regulation. The full text of HB1205 is accessible here.
HB619, on the other hand, prohibits gender reassignment surgery for minors, allowing exceptions solely for surgeries addressing malformations, malignancy, injury, or physical disease, as well as male circumcision. More details about HB619 can be found here.
In addition to these actions, Sununu vetoed HB 396, a bill aimed at rolling back existing anti-discrimination protections based on biological sex. Sununu’s veto message highlighted that the proposed measures addressed issues that had not emerged in New Hampshire, claiming it contributed to unnecessary discord. The Governor underscored the bipartisan efforts in 2018 that initially established these protections.
Civil rights groups, including GLAD and the ACLU, have strongly criticized these new laws. They denounced HB1205 and HB619 as unconstitutional and committed to challenging their implementation. The legislative actions in New Hampshire come amid a broader national debate over transgender rights, with states like Texas and California taking contrasting approaches.
For further reading, the original report from JURIST can be found here.