In a move that has sparked significant debate and concern, the New Hampshire Senate passed a bill on Thursday that would ban transgender girls from participating in school sports teams that align with their gender identity.
The legislation, known as House Bill 1205, mandates that sports teams in grades 5 through 12 be designated as boys, girls, or mixed teams, with eligibility determined based on students’ birth certificates. The bill now awaits Governor Chris Sununu’s decision.
The Vote and Its Implications
The Republican-led Senate voted 13-10 along party lines in favor of the bill. Supporters argue that the legislation is necessary to ensure fairness and safety in girls’ sports. Senate President Jeb Bradley, a Republican from Wolfeboro, expressed that while complete fairness is unattainable, biological boys generally have a physical advantage over biological girls, which can result in unfair competition and potential injuries.
“When we talk about fairness and rights, we can’t cover every circumstance. And so in a very narrow way that I think to most of us is very clear, biological boys have an advantage over biological girls,” Bradley said. “We’ll never be able to legislate total fairness. But what we can’t do is create rights for one at the expense of another.”
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The Opposition’s Perspective
Opponents of the bill, primarily Democrats, argue that it is a discriminatory measure based on fear rather than facts. Senator Debra Altschiller, a Democrat from Stratham, emphasized that the bill unfairly targets a minuscule number of transgender girls in the state. According to Altschiller, only five transgender girls are currently participating in sports in New Hampshire.
“Those five girls are not a threat. They are the threatened,” Altschiller said. “While this gesture of protection may seem valiant, we say no thank you. If you really want to protect girls, protect the marginalized transgender girls.”
Senator Suzanne M. Prentiss of West Lebanon also raised concerns about the bill’s provision requiring students to provide “other evidence” of their sex if their birth certificate does not align with their gender identity. She warned that this vague requirement could pose safety issues and lead to invasive and inappropriate scrutiny of students’ bodies.
Governor’s Decision Pending
Governor Chris Sununu, a Republican, has previously expressed that he does not believe “biological boys” should compete in girls’ sports. However, he has not taken a definitive stance on this specific bill. Sununu has signed laws in the past to prohibit discrimination based on gender identity and to protect transgender students in schools, leaving opponents of the bill hopeful that he might veto it.
“Governor Sununu has been known at times to do the right thing when confronted with hard decisions,” said Chris Erchull, an attorney with GLBTQ Legal Advocates & Defenders. Erchull urged Sununu to follow the lead of Republican governors like Mike DeWine of Ohio and Spencer Cox of Utah, who have vetoed similar anti-trans legislation.
The New Hampshire bill is part of a broader national trend, with at least 25 states having enacted similar bans on transgender athletes in school sports. These bans have faced legal challenges in several states. Recently, a federal appeals court blocked West Virginia from enforcing its ban in a case involving an eighth-grade track and field athlete. Additionally, an Ohio judge has put a hold on a law banning transgender girls from participating in girls’ sports and receiving gender-affirming medical care.
Advocates’ Concerns and Responses
Advocates for transgender rights and LGBTQ+ organizations have strongly condemned the New Hampshire bill. Courtney Reed, a policy advocate at the American Civil Liberties Union of New Hampshire, expressed deep concern for transgender students in the state.
“Our hearts break for the young transgender Granite Staters who are being relentlessly targeted by state lawmakers during this challenging legislative session,” Reed said. “Trans students belong on our sports teams and in our schools, and all trans youth should be celebrated and protected for who they are.”
Liz Canada, advocacy director of Planned Parenthood New Hampshire Action Fund, highlighted the broader implications of the bill, linking it to a wider agenda that seeks to restrict bodily autonomy.
“The anti-abortion and anti-transgender movements are inextricably linked: both hinge on restrictions on our bodily autonomy. The politicians behind these attacks don’t support freedom or safety; their agenda is compliance and control,” Canada said.
For transgender students and their families, the passage of HB 1205 represents a significant and personal challenge. The bill’s supporters frame it as a necessary step to protect fairness in sports, but for transgender kids, it is another barrier in an already difficult journey. Transgender youth face higher rates of bullying, mental health issues, and suicide, and being excluded from sports can further isolate them from their peers and communities.
These athletes are girls: their teammates know they are girls, their coaches know they are girls, their friends know they are girls, and their parents know they are girls,” Canada added. “This is a blatant attempt to target transgender individuals in New Hampshire, particularly transgender teens.”
The Bottom Line
As HB 1205 moves to Governor Sununu’s desk, the fate of transgender athletes in New Hampshire hangs in the balance. The governor’s decision will not only impact the lives of the five transgender girls currently participating in sports but will also send a broader message about the state’s stance on transgender rights and inclusion. For now, the transgender community and their allies remain hopeful that compassion and understanding will prevail over fear and discrimination.
