On Thursday, the New Hampshire House passed a bill designed to permit restrictions on transgender individuals' access to bathrooms, locker rooms, and sports teams that correspond with their gender identity.
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The bill passed by a vote of 201 to 166 and also includes provisions allowing transgender individuals to be assigned to prisons, juvenile detention centers, or mental health facilities based on their sex assigned at birth, against their will. While it does not impose an outright ban, the legislation would enable owners of facilities to refuse access to transgender individuals without facing discrimination claims. This bill, designated as HB 148, mirrors a similar measure that was passed by both the House and Senate in 2024 but was vetoed by then-Governor Chris Sununu, who stated that it contradicted New Hampshire's "Live Free or Die" ethos and addressed nonexistent issues. The legislation is part of a broader national trend seeking to restrict access to bathrooms based on gender identity. Currently, Florida, Ohio, and Wyoming have enacted such bans in both public and private contexts. Most recently, U.S. Representative Nancy Mace (R-S.C.) introduced a resolution to prevent transgender women from using women's restrooms within the Capitol. Should the bill pass in the Senate and receive Governor Kelly Ayotte's signature, it would repeal non-discrimination protections established in 2018 under Sununu's administration. During the House debate, the bill was largely supported by Republicans, who argued that it is intended to maintain safe and comfortable spaces for women by restricting access to those who they claim may "falsely identify" as transgender. This reasoning has been refuted, as there is no evidence supporting such claims. Surprisingly, one Democrat, Rep. Jonah Wheeler of Peterborough, also backed the legislation, stating, "The consent of one person cannot override the consent of another. If some women feel unsafe or uncomfortable, we must listen to their concerns, even if they conflict with the desires of a minority." Conversely, Rep. Eric Turer (D-Brentwood) criticized the bill for its lack of clear definitions regarding biological sex, warning that it could lead to arbitrary questioning of anyone using public facilities. Rep. Alice Wade (D-Dover), the only transgender lawmaker in the House, expressed the emotional toll of living in a society that can be hostile toward transgender individuals. She urged lawmakers to avoid fostering discrimination in New Hampshire, recalling a personal story about a Republican who had faced the tragic loss of a transgender child to suicide. Wade argued that passing such legislation would exacerbate discrimination rather than reduce it. What's Next for the Bill?: The next step for the bill is the state Senate, where it successfully passed the previous year. Jim Kofalt, R-Wilton and the bill's sponsor, expressed satisfaction with the bill's progress, stating that it is a vital step in protecting privacy and safety for all residents of New Hampshire, particularly women in vulnerable situations.
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In contrast, LGBTQ+ advocates have denounced the bill and are urging senators to reject it. Chris Erchull, Senior Staff Attorney for GLBTQ Legal Advocates & Defenders, emphasized that the bill represents unnecessary discrimination against an already vulnerable group, calling for legislators to focus on improving the lives of all New Hampshire residents instead of targeting transgender individuals with restrictive policies.
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