Sununu Signs Bills Prohibiting Trans Girls from Playing Girls Sports, Restricts Gender-Affirming Surgeries

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Ani Freedman photo

Trans rights activists gathered at the State House trying to meet with Gov. Chris Sununu in late May. He did not meet with the group.

By GARRY RAYNO, InDepthNH.org

CONCORD — Republican Gov. Chris Sununu signed three bills into law and vetoed a fourth that impact transgender individuals Friday, the last day he had to act on the legislation that has passed both the House and Senate.

In what is known to reporters as a Friday night dump, Sununu sent out his listafter 4:30 p.m. of the bills he signed and emails explaining some of his actions, including one he vetoed.

LGBTQ advocates were quick to criticize Sununu.

He signed into law HB 619, which bans health care providers from making referrals for gender-affirming surgeries for teenagers, as well as the procedures. This bill will go into effect on Jan. 1, 2025.

Transgender advocates told lawmakers it is almost impossible to have such surgery on anyone younger than 18 years old due to the procedures currently in place to ensure the person’s decision is well informed and the consequences understood.

Sununu also signed into law HB 1205, which bans transgender girls from playing on girls’ sports teams in grades 5-12 and requires all girls to show a birth certificate – or “other evidence” – to be eligible to play, which could include genital inspections, effective 30 days after signing.

Supporters claim allowing biological males to participate in women’s athletics is not physically fair competition and could be dangerous for female athletes.

Megan Tuttle, President of NEA-New Hampshire, provided the following statement in response: 

“Public schools should be safe, welcoming environments for all students, regardless of sexual orientation or gender identity. Shame on Governor Sununu for signing into law this legislation that excludes students from athletics, which can help foster a sense of belonging that is so critical for young people to thrive.” 

Sununu also signed HB 1312, which requires educators to provide two weeks’ notice to parents on all curriculum and materials related to gender, sexual orientation, gender identity, and gender expression, and identifies these topics as “objectionable material,” effective 60 days after signing.

Tuttle said: “Let’s be clear. The adoption of HB 1312 is yet another attempt to chill classroom conversations, just like the similarly vague and unworkable ‘banned concepts’ law which was recently ruled unconstitutional.”

Sununu vetoed HB 396, which would have permitted businesses and schools to discriminate against transgender individuals (teens and adults) in which bathroom they can use; also would have allowed discrimination in sports and prisons/places of involuntary commitment.

All four bills passed the House by small margins, and most passed the Senate on a party-line, 14-10 vote, with Republicans in the majority.

Advocates for transgender rights waged a public pressure campaign to try to convince Sununu to veto all the bills, including flooding his answering service to the point it could take no more comments by mid-week.

The bills passed by the New Hampshire legislature are similar to others before lawmakers around the country seeking to limit options for young transgender individuals.

Senate Democratic Leader Donna Soucy of Manchester, accused Sununu of dividing Granite Staters.

“I am deeply disappointed that Governor Sununu chose to sign HB 1312 into law today. In 2018, Governor Sununu and the Legislature stated that discrimination in any form is unacceptable. However, today by signing this bill, the Governor essentially rolled back this belief by implementing overly burdensome requirements on the exchange of certain ideas in our public schools, and unnecessarily inserting culture wars into the classroom. New Hampshire’s Live Free or Die spirit and way of life is one we should strive to uphold, and HB 1312 will do the exact opposite of that.”

When a governor objects to a bill, he can veto it and then a two-thirds majority of the House and of the Senate is needed to override the veto.

Lawmakers will return in the fall to act on vetoes.

After vetoing HB 396 and signing HB 619, HB 1312 and HB 1205 Friday, Sununu issued a statement, but didn’t address why he signed HB 1312:

“In 2018, Republicans and Democrats passed legislation to prevent discrimination because as I said at the time, it is unacceptable and runs contrary to New Hampshire’s Live Free or Die Spirit. That still rings true today. The challenge with HB 396 is that in some cases it seeks to solve problems that have not presented themselves in New Hampshire, and in doing so invites unnecessary discord. As such, today I have vetoed HB 396.

“As the debate over HB 619 and HB 1205 has played out in Concord and throughout the state, charged political statements have muddled the conversation and distracted from the two primary factors that any parent must consider: safety and fairness for their children. These two factors have been my primary consideration in reviewing these bills.

“HB 619 ensures that life altering, irreversible surgeries will not be performed on children. This bill focuses on protecting the health and safety of New Hampshire’s children and has earned bipartisan support…,” Sununu said.

He said HB 1205 ensures fairness and safety in women’s sports by maintaining integrity and competitive balance in athletic competitions. “With this widely supported step, New Hampshire joins nearly half of all U.S. States in taking this measure,” he said.

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

Executive Councilor Cinde Warmington, D-Concord, who is running for governor in the primary, said, “It is extremely disappointing to see Governor Sununu participate in the Republican Party’s continued bullying of children.

“We’ve seen a rise in all sorts of hate crimes across New Hampshire and the country in the recent years, including hate crimes against our LGBTQ+ community, in no small part because radical Republicans have been trying to villainize trans kids who are already vulnerable and at a higher risk of suicide,” Warmington said.

 Emma Sevigny, Children’s Behavioral Health Coordinator at New Futures, issued the following statement.

“New Futures is disappointed that Governor Sununu chose to sign three of the four discriminatory bills that reached his desk today.  Signing HB 1205, HB 619, and HB 1312 into law will have devastating impacts on LGBTQ+ youth in our state. Evidence shows that young people have the best chance to thrive when supported at home, in school, and in their communities. 

“LGBTQ+ youth are welcomed and loved in New Hampshire, despite the actions of a vocal minority of the state. We encourage young people impacted by these life-changing pieces of legislation to seek support from family, friends, and mental healthcare providers as they navigate the emotions caused by the Governor’s decision today,” Sevigny said.

Garry Rayno may be reached at garry.rayno@yahoo.com.

Gov. Chris Sununu signed 50 bills Friday:

Concord, NH – Today, Governor Chris Sununu signed the following 50 bills into law:

HB 202: Relative to property tax abatements

HB 322: Relative to establishing a committee to study the New Hampshire board of medicine and making an appropriation to the department of health and human services

HB 609: Relative to the site evaluation committee for energy facility siting

HB 1006: Relative to creating a family access motion for the enforcement of parenting plans

HB 1028: Establishing a commission to study the delivery of behavioral crisis services to individuals with mental illness with an impairment primarily caused by intellectual disability

HB 1057: Relative to provisional licenses for new applicants for state emergency medical services licensure

HB 1080: Relative to the legislative youth advisory council

HB 1103: Relative to revising the penalties of the shoreland protection act

HB 1121: Relative to creating certain wetlands permit exemptions after a natural disaster or flooding event

HB 1122: Relative to lights on motor vehicles

HB 1126: Relative to candidate requests for absentee ballot information

HB 1129: Relative to the authority to vote by proxy in a condominium association

HB 1144: Relative to requirements for sewage disposal system information to be disclosed during real estate transactions

HB 1150: Relative to advertising rates for political advertising

HB 1158: Relative to establishing an exception to vessel registration, defining commercial passenger vessel, and regulating written examinations and certifications for operating commercial vessels

HB 1165: Relative to procedures for school facilities under the department of education

HB 1179: Relative to state park system fees for retired members of the armed forces

HB 1220: Abolishing the collection of racial and educational data for use in a marital application worksheet and relative to the expectation of privacy

HB 1221: Relative to including solid waste landfills in the definition of development of regional impact

HB 1303: Relative to the estate of Tekeste Berhanu

HB 1305: Relative to freedom of speech and association at public institutions of higher education

HB 1307: Providing a supplemental appropriation for members of the retirement system receiving an accidental disability retirement allowance

HB 1310: Relative to meetings of supervisors of the checklist

HB 1312: Requiring parental notification of student health or well-being and certain curricula by school districts

HB 1320: Relative to real property and flood risk disclosure

HB 1323: Relative to the furnishing of copies of the state constitution by the secretary of state to the public

HB 1328: Relative to public safety providers defined as essential services

HB 1329: Relative to creating special number plates for fire departments

HB 1385: Relative to establishing the veteran licensing acceleration program and making an appropriation therefor

HB 1413: Relative to mental health supervision agreements and relative to establishing a committee to study increasing access to and accountability for mental health services

HB 1431: Relative to utility requirements for integrated distribution planning

HB 1432: Relative to prohibiting certain uses of deepfakes and creating a private claim of action

HB 1474: Relative to the commission on Native American affairs

HB 1525: Relative to credits for the business profits tax and business enterprise tax

HB 1526: Relative to a conditional veterinary license for graduates of non-AVMA-accredited colleges of veterinary medicine

HB 1548: Relative to recommendations of the joint committee on employee classification

HB 1549: Relative to buy-in amount deductions collected during the operation of games of chance

HB 1550: Authorizing municipalities to reduce speed limits seasonally

HB 1579: Relative to the merging of school administrative units

HB 1626: Relative to the repeal of certain designated funds and relative to the apportionment of dog license fees

HB 1628: Relative to regulatory authority for apples, coal grading, potatoes, cider, milk, and lumber

HB 1647: Relative to the calculation of group II retirement benefits in the retirement system

HB 1666: Relative to income reporting requirements for lobbyists

HB 1697: Relative to forest carbon credit programs

SB 407: Establishing a ground ambulance cost reporting program and a study by an independent actuarial and accounting expert of the cost of providing ground ambulance services in the state

SB 429: Relative to the color of executive council official cover plates

SB 469: Relative to allowing surveillance of a park and ride facility in certain circumstances

SB 487: Relative to the division of personnel in the department of administrative services

SB 527: Relative to student housing

SB 588: Relative to employer notice of veterans’ benefits and services.

   

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