Two Gender-Affirming Care Bans for Young People in New Hampshire Legislative Process

Washington, D.C. — Today, in U.S. v Skrmetti, the U.S. Supreme Court upheld Tennessee’s ban on health care for transgender young people, a devastating decision that allows similar bans across the U.S. to remain in effect and opens the door for countless others. The Court held that Tennessee’s ban does not unlawfully discriminate on the basis of sex or transgender status. As Justice Sotomayor wrote in her dissenting opinion, the Court’s majority opinion “does irrevocable damage to the Equal Protection Clause” and “authorizes, without second thought, untold harm to transgender children and the parents and families who love them.” 

The Court’s opinion does not ban gender-affirming care for young people nationwide, and care remains legal in many states. But as Justice Sotomayor stated, the majority opinion could open the door to further care bans, “invit[ing] legislatures to engage in discrimination by hiding blatant sex classifications in plain sight.” 

In New Hampshire, the legislature is considering two bills (HB 377 and HB 712) banning gender-affirming care for young people, including hormone therapy for trans and nonbinary youth. Both bills are in committees of conference, and the chambers will vote on the reports next week. If they pass, they will be sent to Governor Ayotte. Today’s Supreme Court decision does not immediately change New Hampshire’s health care landscape.

Statement from Kayla Montgomery, Vice President of Public Affairs for Planned Parenthood NH Action Fund/Planned Parenthood of Northern New England:

“Less than a week before the anniversary of the overturning of Roe v. Wade, the Supreme Court continues to take away our rights, our freedoms, our health care, and our ability to make decisions about our own bodies. As with prior decisions, the consequences of today’s decision will be devastating. Let’s be clear: health care for transgender people is lifesaving care. Like all health care, these decisions are best left to patients, their families, and providers – not politicians. Planned Parenthood believes that everyone should feel safe, supported, and affirmed when they get health care and we will continue to work every day  to make sure every person can get the care they need when they need it.” 

Statement from Liz Canada, Advocacy Director for Planned Parenthood NH Action Fund/Planned Parenthood of Northern New England:

“According to every major medical, pediatric, and psychological association in the U.S., medical care for transgender youth is essential treatment for those who need it. Health care bans – like the one upheld today by the Supreme Court and the ones the New Hampshire legislature is considering – threaten people’s well-being, the safety of our communities, and the ability of every family to determine what’s best for them. Transgender people have always existed and always will exist. Planned Parenthood will continue doing everything we can to protect transgender people’s rights to control their own futures.”

PPNNE provides hormone replacement therapy (HRT), which is used by some transgender people to treat gender dysphoria, a strong and persistent distress felt when a person’s body is out of sync with their identity. Without treatment, gender dysphoria can severely and negatively impact day-to-day life. PPNNE offers gender-affirming care at its 14 health centers; PPNNE only provides HRT to patients 16 years and older, and only with parental consent for patients who are 16 or 17 years old. PPNNE does not provide puberty blockers or surgeries to patients.

Leading medical experts and organizations — such as the American Medical Association, the American Psychological Association, and the American Academy of Pediatrics — oppose restrictions and bans on gender-affirming care and HRT, which have already forced thousands of families across the country to travel to maintain access to medical care or watch their child suffer without it.

This opinion follows a series of attacks on all care Planned Parenthood health centers provide through Congress’s recent efforts to pass a bill that bans Planned Parenthood from Medicaid and cuts gender-affirming care for all ages out of Medicaid.

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Planned Parenthood New Hampshire Action Fund (PPNHAF) is an independent, nonpartisan, not-for-profit organization formed as the advocacy and political arm of Planned Parenthood of Northern New England in New Hampshire. The Action Fund engages in educational and electoral activity, including voter education, grassroots organizing, and legislative advocacy.

Planned Parenthood of Northern New England (PPNNE) is the largest provider of reproductive and sexual health care across the State of New Hampshire. We serve New Hampshire residents through 5 health centers in Derry, Exeter, Keene, Manchester and White River Junction, VT. Last fiscal year we saw more than 11,000 patients at these sites. PPNNE was named a 2021 and 2022 Guardian of Excellence Award® winner by Press Ganey, the national leader in health care consumer and workforce engagement. Press Ganey recognizes PPNNE as a top-performing health care organization, achieving the 95th percentile or above for performance in patient experience.