Concord Monitor – New Hampshire advocacy groups consider legal action against recently signed anti-LGBTQ+ legislation

Advocacy groups in New Hampshire are considering legal action against several anti-LGBTQ bills signed by Governor Chris Sununu late last week.

Devon Chaffee, executive director of the American Civil Liberties Union of New Hampshire, and Chris Erchull, an attorney with GLBTQ Legal Advocates & Defenders, said Monday they had already heard from several families likely to be affected by the laws.

“These bills run counter to federal protections for LGBTQ students and violate constitutional guarantees of equal treatment under the law,” Chaffee said. “We condemn Governor Sununu’s signing of these bills and stand ready to fight the impact of these laws in court alongside transgender and all LGBTQ+ Granite States members and their families.”

They oppose three bills that Sununu signed on Friday: HB 1205, which bans transgender girls and women from participating on female school sports teams; HB 619, which bans gender reassignment surgery for minors; and HB 1312, which expands parental rights by requiring schools to notify parents at least two weeks before using educational materials that address sexual orientation, gender identity and gender expression.

Sununu vetoed HB 396, which would have allowed public facilities to classify certain spaces such as restrooms, locker rooms and prisons by biological sex. In a press release, he said the bill was intended to address problems he said New Hampshire had not encountered. As for the bills on gender reassignment surgery and a ban on transgender athletes, Sununu said his main consideration was “safety and fairness.”

“The vast majority of Granite Staters support this approach – because it is fair, balanced and free of political considerations,” Sununu said in his statement. “By implementing these measures, we continue to uphold the principles of safety, fairness and common sense for all of our citizens.”

In addition to the “blatant discrimination” she called Chaffee, these laws also pose privacy and censorship issues. For example, to enforce HB 1205, schools will have to obtain birth certificates from female athletes so they can play on the team. This will have far-reaching consequences for other groups – not just transgender students.

“For girls who are not transgender, presenting a birth certificate can actually be a barrier that prevents them from participating,” Erchull said. He said he is watching how these laws are implemented in schools.

It can take time for lawsuits to pile up, Erchull said. Each law takes effect on a different day and, setting aside First Amendment arguments, a lawsuit would have to allege harm as a result of the law’s enforcement. Erchull would not provide details on what types of concerns GLAD is investigating or how many families they are talking to.

Sara Tirrell, the mother of a transgender high school athlete from Plymouth, said this legislative session has been “harrowing” and that the governor’s decision will take away her daughter Parker’s freedom. Parker and the Tirrell family spoke out against these bills throughout the legislative process.

“These bills are not just legislative decisions, they are devastating blows to our family,” Tirrell said. “Can you imagine having to explain to your child that at 15 years old, they have already played their last soccer game? That they can no longer celebrate or lose with their team, that they can no longer experience camaraderie and a sense of belonging to the team?”

Throughout the process, Tirrell said, she comforted her daughter and told her everything would be OK – words she never doubted until last Friday. Although Sununu’s decision to sign these bills hurt her, she said her family will continue the fight.

“History will remember this as a serious misstep, and we are fully committed to overturning these unjust laws in court,” Tirrell said. “This is a long fight, not a quick sprint, and we are still a long way from the finish line.”

Charlotte Matherly is the statehouse reporter for the Concord Monitor and Monadnock Ledger-Transcript in partnership with Report for America. Follow her on X at @charmatherly or email her at [email protected].