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Federal Court Blocks Enforcement of Transgender Sports Ban Against New Hampshire Students

Ruling allows high school students Parker Tirrell and Iris Turmelle to participate on their teams with their friends and classmates while their case challenging HB 1205 proceeds

CONCORD, N.H. – A federal court issued an order today blocking enforcement of a New Hampshire law that bans transgender girls from playing on school sports teams, against plaintiffs Parker Tirrell and Iris Turmelle while their case against it proceeds. The court ruled that the law, HB 1205, discriminates against transgender students in violation of Title IX and the U.S. Constitution.  

The judge ruled that “HB 1205, on its face, discriminates against transgender girls,” that it “is not even a close call.” The ruling goes on to say, “The stigma and humiliation that comes from such treatment of a child at the hands of the State is substantial and irreparable.”

The families of Parker Tirrell and Iris Turmelle, represented by GLBTQ Legal Advocates & Defenders, ACLU of New Hampshire, and Goodwin, filed their federal lawsuit challenging HB 1205 on August 16. 

The court issued an earlier emergency order that allowed sophomore Parker Tirrell to join her soccer team for practice and the first games of the season. Today’s ruling broadens that order to include her co-plaintiff, freshman Iris Turmelle who is looking forward to trying out for and playing with the tennis and track and field teams at her new school, and to extend throughout the duration of the case. 

“I just want to go to school like other kids, play the game I love, and hang out with my friends. I’m really happy this decision means I don’t have to let my team down for the rest of the season,” said Parker Tirrell.

“It’s a huge relief to know that Parker will be able to keep playing soccer with her friends, which brings her so much joy. This ruling means my daughter can go to school everyday without carrying the weight of being treated differently because of who she is. That’s all her father and I want for her – to be happy, healthy, and know she belongs.” said Sara Tirrell, Parker’s mother. 

“I was really looking forward to starting at my new school and trying out for track and tennis, but HB 1205 took that chance away. I just want the same opportunities as other girls at school. I’m really happy to know I now have the chance to try out for a team, learn, play and make new friends,” said Iris Turmelle.

“Iris just started high school which is hard enough for any kid. This decision means she doesn’t have an extra burden on her shoulders. I’m so glad she’ll get the chance to be part of a team, make new friends, and have fun with track and tennis. It gives her dad and me so much peace of mind to know she’ll be treated fairly and can have a safe and happy freshman year.” said Amy Manzelli, Iris’s mother.

The lawsuit, Tirrell and Turmelle v. Edelblut, alleges that HB 1205 denies Parker and Iris equal educational opportunities and singles them out for discrimination solely because they are transgender girls, in violation of federal law and constitutional guarantees of equal protection. The law denies them the many educational, social, and physical and mental health benefits that come with playing sports, and isolates them from friends and teammates.

In addition to today’s ruling, two federal courts of appeal and multiple federal district courts have issued rulings finding laws like HB 1205 which categorically ban transgender girls from participation in school sports to be unlawful discrimination.

Parker, Iris, and their families are represented by Chris Erchull, Ben Klein, and Jennifer Levi at GLBTQ Legal Advocates & Defenders (GLAD), Henry Klementowicz and Gilles Bissonnette at the ACLU of New Hampshire, and Louis Lobel, Kevin DeJong, and Elaine Blais at Goodwin.


“Today’s ruling is clear: New Hampshire cannot justify singling out students to deny them essential educational benefits simply because they are transgender. We are pleased the court understands that Parker and Iris, along with all other transgender students in New Hampshire, deserve access to the countless benefits school sports provide, including physical and mental health, leadership skills, and social development.” said Chris Erchull, Senior Staff Attorney, GLBTQ Legal Advocates & Defenders (GLAD).

“Today’s court order is a positive step forward in restoring access not just for Parker and Iris but every child in the Granite State who has a right to equal opportunities at school guaranteed under the law. Laws that aim to exclude, single out, and discriminate against transgender youth have no place in New Hampshire and we are happy to see the court recognize how unconstitutional and harmful they are.” said Henry Klementowicz, Deputy Legal Director, ACLU of New Hampshire. 

“Parker and Iris are deserving of an equal education, like every other student. We are pleased the court acted so quickly to ensure they are allowed to continue playing sports with their teammates while the case against HB 1205 proceeds,” said Louis Lobel, Associate, Goodwin.

Tirrell and Turmelle v. Edelblut was filed in the United States District Court for the District of New Hampshire. 

Learn more about Tirrell and Turmell v. Edelblut.

News

NH Supreme Court Upholds Manchester School District Policy Supporting Transgender Students and Student Privacy

CONCORD, N.H. – The New Hampshire Supreme Court today affirmed a lower court ruling upholding a Manchester school district policy in support of transgender students, which includes referring to students by their requested names and pronouns and maintaining student privacy when appropriate. The Court concluded that “[T]he plaintiff has failed to demonstrate that the Policy infringes a fundamental parenting right.” 

“Schools must provide a welcoming and supportive environment for all students. Today’s decision upholds that core value and allows schools to manage the educational environment so that all students have an equal and safe opportunity to learn,” said Chris Erchull, Senior Staff Attorney at GLBTQ Legal Advocates & Defenders.

“We are pleased with the court’s decision to affirm what we already know, that students deserve to be treated with dignity and respect and have a right to freely express who they are without the fear of being forcibly outed.” said Henry Klementowicz, Deputy Legal Director at the ACLU of New Hampshire. “Removing the Manchester School District’s existing, affirming policy would have created an environment where LGBTQ+ students don’t feel safe being who they are—and in school, they should feel safe, cared for, and able to learn to the best of their ability.” 

In today’s decision the Court cited language from the trial court’s ruling regarding the Manchester School District Policy:

[T]he Policy does not prevent parents from observing their children’s behavior, moods, and activities; talking to their children; providing religious or other education to their children; choosing where their children live and go to school; obtaining medical care and counseling for their children; monitoring their children’s communications on social media; choosing with whom their children may socialize; and deciding what their children may do in their free time. In short, the Policy places no limits on the plaintiff’s ability to parent her child as she sees fit.

GLBTQ Legal Advocates & Defenders (GLAD) and the ACLU of New Hampshire represented New Hampshire parent Heather Romeri and her son Nico, a New Hampshire high school student, on a friend-of-the-court brief filed in the case, Jane Doe v. Manchester School District.   

“I’m so grateful that Nico has the support he needs in school,” said Nico’s mother, Heather Romeri, at the time their brief was filed. “Of course I want my child to feel he can talk to me about anything, but above all I want him to feel safe and happy. I understand that he needed to be able to talk about what he was going through with others before he came to me, and I’m so glad he had that chance, just as I am glad that he had the chance to see how much his family loves and supports him once he was ready to come to us.”

“It was important for me to have the support of other people I could trust to help me feel ready to talk to my parents, especially people who could help make it easier for me to talk to my mom,” said Nico Romeri, a New Hampshire transgender high school student. “Transgender students want the same opportunity to learn and be ourselves, just like any kid, without having to worry that adults at school will violate our trust. If someone had decided to tell my mom what they thought about my gender, it would have made things so much harder for me at school and at home.”

Learn more about the case.

News

Students Challenge New Hampshire Law Excluding Transgender Girls from School Sports

High school students Parker Tirrell and Iris Turmelle, joined by their parents and represented by GLBTQ Legal Advocates & Defenders (GLAD), the ACLU of New Hampshire, and Goodwin, say the new law denies them equal education and singles them out for discrimination as they prepare to start the new school year

Today, the families of two New Hampshire public high school students filed a lawsuit challenging a new state law, HB 1205, which categorically bans all transgender girls in grades 5-12 from participating in school sports.

Parker Tirrell is entering tenth grade this year. Parker played on her high school girls’ soccer team in ninth grade and is excited to rejoin her teammates when competition starts again on August 30. 

Iris Turmelle is entering her first year of high school and is looking forward to trying out for and playing with the tennis and track and field teams. 

Under HB 1205, Parker and Iris’s schools are commanded to bar them from their teams. The law denies them the many educational, social, and physical and mental health benefits that come with playing sports, isolating them from friends and teammates while singling them out for discrimination solely because they are transgender girls.

“Playing soccer with my teammates is where I feel the most free and happy. We’re there for each other, win or lose. Not being allowed to play on my team with the other girls would disconnect me from so many of my friends and make school so much harder. I just want to be myself and to learn, play, and support my teammates like I did last year,” said Parker Tirrell.

“I have watched Parker dance with joy on the soccer field during warmups and have seen how her teammates have become her closest friends. Any parent wants to know their child is healthy, happy, and feels like they belong. That is no different for my husband and me as parents of a transgender daughter. I am really worried about the harmful impact it will have on Parker’s self-esteem and wellbeing if she is told she has to start the new school year without joining her teammates on the field.” said Sara Tirrell, Parker’s mother. 

“Starting high school is exciting and new. I played intramural tennis in middle school. I’ve been looking forward to trying out for the tennis and track teams because it will be a way to make more friends in my new school, and I know I’ll learn a lot from it. I’m a transgender girl, I’ve known that my whole life and everyone knows I’m a girl. I don’t understand why I shouldn’t get to have the same opportunities as other girls at school,” said Iris Turmelle.

“The joy of being a part of a team and making friends with girls her age are really what inspires Iris to play tennis. After participating in Girls on the Run she is also looking forward to a new challenge by trying out for the school track and field team. Iris experienced bullying at her middle school, and my husband and I just want her to be safe, feel included, and to be treated fairly so she can have a positive and happy high school experience.” said Amy Manzelli, Iris’s mother

The lawsuit, Tirrell and Turmelle v. Edelblut, alleges that HB 1205 denies Parker and Iris equal educational opportunities and singles them out for discrimination solely because they are transgender, in violation of federal law and constitutional guarantees of equal protection. 

Motions filed today also ask the court for immediate relief to allow Parker to play with her team as the season gets underway and to allow Iris to participate in tryouts for this year’s tennis and track and field teams.  

Parker, Iris, and their families are represented by Chris Erchull and Ben Klein at GLBTQ Legal Advocates & Defenders (GLAD), Henry Klementowicz and Gilles Bissonnette at the ACLU of New Hampshire, and Louis Lobel, Kevin DeJong, and Elaine Blais at Goodwin.

“Parker and Iris are teenage girls whose high school experience hangs in the balance because HB 1205 is poised to stop them from playing sports. Sports are a pillar of education in New Hampshire public schools because of the countless benefits of physical activity in a team environment, including physical and mental health, leadership skills, and social development. New Hampshire cannot justify singling out transgender girls to deny them essential educational benefits available to other students,” said Chris Erchull, Senior Staff Attorney, GLBTQ Legal Advocates & Defenders (GLAD).

“Parker and Iris are entitled to be treated with dignity and respect like every other student. Instead, HB 1205 stigmatizes and discriminates against transgender girls and tells them they aren’t deserving of the same educational opportunities to other girls in public schools. All students do better in school when they have access to resources that improve their mental, emotional, and physical health and Parker and Iris deserve that same access,” said Henry Klementowicz, Deputy Legal Director, ACLU of New Hampshire. 

“The start of a new school year brings excitement and challenges for all students, but unlike their peers, Parker and Iris are facing their new year being told they are less deserving of an equal education because of who they are. We hope the court will see the harm that will cause them and act quickly to ensure they are allowed to continue playing sports with their teammates,” said Louis Lobel, Associate, Goodwin.

Tirrell and Turmelle v. Edelblut was filed in the United States District Court for the District of New Hampshire. 

This release and the court filings are available on our case page.

Tirrell and Turmelle v. Edelblut

Jump to Documents

The families of two New Hampshire public high school students are challenging a new state law, HB 1205, which categorically bans all transgender girls in grades 5-12 from participating in school sports.

Parker Tirrell is entering tenth grade this year. Parker played on her high school girls’ soccer team in ninth grade and is excited to rejoin her teammates when competition starts again on August 30. 

Iris Turmelle is entering her first year of high school and is looking forward to trying out for and playing with the tennis and track and field teams. 

Under HB 1205, Parker and Iris’s schools are forced to bar them from their teams. The law denies them the many educational, social, and physical and mental health benefits that come with playing sports, isolating them from friends and teammates.

Filed in U.S. District Court, the lawsuit alleges that HB 1205 denies Parker and Iris equal educational opportunities and singles them out for discrimination solely because they are transgender, in violation of federal law and constitutional guarantees of equal protection.

The families, represented by GLBTQ Legal Advocates & Defenders (GLAD), the ACLU of New Hampshire, and Goodwin, asked the court to stop the state from enforcing the ban so Parker can play with her team and Iris can participate in tryouts for this year’s tennis and track and field teams. The district court judge temporarily blocked the ban for Parker, then extended the order to allow Parker and Iris to continue playing the sports they love while the case continues.

Media and Press

News

GLAD and ACLU-NH Denounce Harmful Bills Targeting LGBTQ+ Youth Signed by Governor Sununu

Unconstitutional bills ban transgender youth from school sports, impact critical health care, and create a new, anti-LGBTQ+ school censorship scheme

Following New Hampshire Governor Chris Sununu’s signing of a slate of anti-LGBTQ+ bills, GLBTQ Legal Advocates & Defenders (GLAD) and the ACLU of New Hampshire denounced the move as not only discriminatory and harmful, but one in stark contradiction to New Hampshire’s values of freedom and fairness for all and in violation of students’ rights to an equal education. 

“The bills passed by the legislature and signed by Governor Sununu today are mean-spirited attacks on our LGBTQ+ family members, friends, and neighbors that do nothing but divide communities and single out already vulnerable people for unfair treatment. Our laws should work to eliminate the inequities and negative outcomes created and perpetuated by discrimination, rather than reinforcing them,” said Chris Erchull, GLAD senior staff attorney. “LGBTQ+ students are entitled to be treated with dignity and respect, just like any other student. It is beyond disheartening to see such cruel bills signed into law in New Hampshire. To the Governor and the legislature we say: this is not the last word on any of these matters. We will continue working to defend and protect the rights of all people in the Granite State, including LGBTQ+ people, to live freely and without discrimination. To members of the LGBTQ+ community, and particularly transgender youth we say: you are supported and you belong in New Hampshire. We will never stop fighting for you.”

One of the bills signed, HB 1205, will prohibit transgender girls in grades 5-12 from playing on girls’ sports teams and require all girls to show a birth certificate — or “other evidence” — to prove their eligibility, which could include shockingly invasive “sex verification” measures for all girls, such as genital inspections. Multiple courts across the country have recognized that laws categorically banning girls and women who are transgender from school sports unlawfully excludes them from a fundamental part of the educational process while doing nothing to actually promote equal athletic opportunities for other girls and women. Policies developed by local schools and the New Hampshire Interscholastic Athletic Association which ensure both transgender students’ equal access and a level playing field for all students have been in operation for years without incident.

“These unconstitutional bills – now signed into law – are cynical attacks on some of the most vulnerable youth in our state and will have devastating impacts on transgender and LGBTQ+ students who already face discrimination and isolation just for being their authentic selves,” said Devon Chaffee, executive director of the ACLU of New Hampshire. “Our politicians are continuing to fail trans youth: these laws are not actually about fair sports, healthy classrooms, or overall wellbeing, but rather imposing discriminatory views and pushing transgender people out of public life. We condemn Governor Sununu’s signing of these bills and stand with transgender and LGBTQ+ Granite Staters and their families – we cannot and will not allow politicians to strip away their rights.”

The second bill signed today, HB 1312, will stigmatize classroom instruction involving LGBTQ+ people by equating any school content related to gender, sexual orientation, gender identity, and gender expression to “objectionable material” and require schools to give parents two weeks’ notice and an opt-out provision for any such content. 

The third bill signed by Governor Sununu today, HB 619, will ban access to some health care for transgender minors, interfering with the ability of parents, transgender people, and doctors to make individualized health care decisions and opening the door to further restrictions on established standard-of-care medicine that is recognized by every major U.S. medical association as the only evidence-based approach to addressing the physical, mental, and emotional needs of transgender youth.

In addition to signing [these bills], Governor Sununu also vetoed HB 396, which would have reversed some of the nondiscrimination protections for transgender Granite Staters signed into law by Governor Sununu himself in 2018. This would have opened the door to broad discrimination in public spaces, including restrooms, and to making transgender people more vulnerable to harassment and violence in carceral settings.

News

Motion to Dismiss Denied in Transgender Worker’s Discrimination Case Against Turbocam, Inc., and Two Harvard Pilgrim Companies

The U.S. District Court for the District of New Hampshire yesterday denied a motion to dismiss Bernier v. Turbocam, in which GLAD represents Lillian Bernier, who is suing her employer Turbocam, Inc. for denying her necessary healthcare coverage related to her gender transition.

The lawsuit alleges that the exclusion of insurance coverage for Bernier’s healthcare violates federal law prohibiting discrimination based on sex and disability and New Hampshire state law prohibiting discrimination based on sex, gender identity, and disability.

In denying Turbocam’s motion to dismiss the lawsuit, Chief Judge Landya B. McCafferty rejected the company’s argument that it did not violate federal employment law prohibiting discrimination against transgender people, on the grounds that Turbocam ignored the Supreme Court’s Bostock v. Clayton County ruling that employment discrimination based on an individual’s transgender identity violates Title VII, as well as cases relying on Bostock to specifically hold that categorical exclusions of gender transition medical care violate Title VII.

Judge McCafferty also rejected Turbocam’s assertion that they are not in violation of federal disability laws in denying coverage for Bernier’s medical care, lifting up some of GLAD’s critical legal work on the issue, including Doe v. DOC and Williams v. Kincaid.

“Lillian Bernier is simply asking to receive the same health care coverage as her Turbocam co-workers, and we’re grateful that the Court recognized her right to pursue that outcome through this lawsuit,” said GLAD Attorney Chris Erchull, Bernier’s co-counsel. “Lillian is a dedicated employee who is paying into the company’s employee health plan, and she deserves to be treated with the same dignity, humanity, and fairness as other employees.”

GLAD filed the lawsuit on Bernier’s behalf in November 2023. Health Plans, Inc. (HPI) and Harvard Pilgrim Health Care of New England, Inc. are also named in the complaint because together they developed, administer, and operate Turbocam’s health benefits plan.

Turbocam, Inc. provides healthcare coverage to workers as part of employee compensation. Bernier has worked as a machinist at Turbocam since 2019, including continuous work through the COVID pandemic. When Bernier sought coverage for doctor-recommended healthcare, she learned that the company’s self-funded health plan does not cover any treatment related to gender transition. Such an exclusion has no medical basis.

Now that the motion to dismiss has been denied, the case will proceed to discovery and final resolution.

“Denying equal employment benefits to someone simply because they are transgender is wrong, and it violates the law,” said GLAD Senior Director of Litigation Ben Klein, co-counsel for Bernier. “Lillian Bernier deserves her day in court, and now she will have it.”

Learn more about Bernier v. Turbocam and read case documents on our website.

Blog

The New Hampshire legislature passed several bills singling out LGBTQ+ people, especially targeting transgender adolescents. These bills are now on their way to the Governor’s desk. This is your chance to stop them from becoming law.

Contact Governor Sununu today and tell him to veto these bills.

  • HB 1205 bans transgender girls from playing on girls’ sports teams from ten years old until they graduate high school, and could require any girl to undergo an invasive physical examination in order to play.
  • HB 1312 is a confusing and unnecessary bill that equates any material relating to gender, sexual orientation, gender identity, and gender expression to objectionable material, requiring educators to provide two weeks’ notice before such material is used in the classroom.
  • HB 1660, constricts access to vital health care for transgender youth, limits parents’ choices for how to care for their child, and alarmingly bans doctors from even providing a referral for care in circumstances where they know it to be necessary and helpful for their patient.

Remind Governor Sununu that he did New Hampshire proud by supporting comprehensive nondiscrimination protections for transgender people in 2018. His obligation is to uphold New Hampshire values and protect all Granite Staters, including LGB and transgender youth.

Use our action form to urge the Governor to veto HB 1205, HB 1312, and HB 1660 as soon as they land on his desk.

Let’s remind Governor Sununu that these harmful, controlling bills are not what the people of New Hampshire want. Singling people out is wrong and unfair – “Live Free” means all of us, including LGBTQ+ youth.

Take action:

News

VICTORY: Court Declares NH Classroom Censorship Law Unconstitutional

Vague law actively discouraged public school teachers from teaching and talking about race, gender, sexual orientation, disability, and gender identity inside and outside the classroom

CONCORD, N.H. – A federal court ruled today that New Hampshire’s classroom censorship law is unconstitutional. A broad coalition of educators and advocacy groups brought the challenge to the law, which actively discouraged public school teachers from teaching and talking about race, gender, sexual orientation, disability, and gender identity inside and outside the classroom. This is the first decision in the country striking down a classroom censorship law that applies to K through 12 public schools.

“Today’s court victory means that educators across New Hampshire can nurture an equitable and inclusive school environment where all students are seen and heard,” said Christina Kim Philibotte and Andres Mejia, two New Hampshire school administrators who are plaintiffs in the case. “It is critically important that students see themselves in the books they read and in the classroom discussions they have to ensure that they feel cared for and valued. We understand that the legislature is still pushing dangerous bills that tell students of color, students from the LGBTQ+ community, and students with historically marginalized identities that they do not belong in our schools and history. This decision pushes back on these legislative efforts by providing relief for teachers who can now confidently do their jobs and teach in ways that validate their students’ lived experiences. We are grateful to the Court for striking down this unconstitutional classroom censorship law in a decision that has moved the pendulum towards justice for children across the state.”

The court found that the law violated the Fourteenth Amendment, concluding the law was so unclear and vague that it failed to provide necessary guidance to educators about what they could and could not include in their courses and that it invited arbitrary and discriminatory enforcement—up to and including the loss of teaching licenses.

The court stated in its order that the “prohibitions against teaching banned concepts are unconstitutionally vague,” and that the law contains “viewpoint-based restrictions on speech that do not provide either fair warning to educators of what they prohibit or sufficient standards for law enforcement to prevent arbitrary and discriminatory enforcement.”

The court concluded further, “All told, the banned concepts speak only obliquely about the speech that they target and, in doing so, fail to provide teachers with much-needed clarity as to how the Amendments apply to the very topics that they were meant to address. This lack of clarity sows confusion and leaves significant gaps that can only be filled in by those charged with enforcing the Amendments, thereby inviting arbitrary enforcement.”

“The Court’s ruling today is a victory for academic freedom and an inclusive education for all New Hampshire students,” said Gilles Bissonnette, legal director of the ACLU of New Hampshire. “This unconstitutional classroom censorship law had no place in New Hampshire, and we are grateful to the court for stopping the culture of fear and apprehension perpetuated in Granite State schools under this law.”

The Court also explained in its order that, “because the Amendments fail to establish ‘minimal guidelines to govern [their] enforcement,’ officials are free to ‘pursue their personal predilections’ when applying the law. Indeed, the record demonstrates that those charged with enforcing the law have relied on Commissioner Edelblut’s personal opinions on what is appropriate instruction, as expressed in his op-ed articles, to guide their efforts.”

Following the bill’s passage in 2021, NEA-New Hampshire (the state affiliate of the National Education Association) and AFT-New Hampshire heard from teachers that they were confused about what they could and could not teach, and that they were scared of the repercussions for guessing wrong. 

Chris Erchull, Attorney at GLBTQ Legal Advocates & Defenders, said, “Today’s decision affirms the essential work of New Hampshire public school teachers to ensure students develop the knowledge and critical thinking skills they need to be successful and contribute to their communities. We’re grateful the Court recognized that setting vague conditions on what educators can say about race, gender, gender identity, sexual orientation, and disability harms students with historically marginalized identities, including LGBTQ students. Now, teachers can do the work of planning lessons and guiding student discussions without fear of losing their license if someone raises a vaguely defined banned topic in the classroom. We’re better as a state and community when we can have hard conversations and learn from them, and that’s what this decision allows.”

Megan Tuttle, NEA-NH president, said, “As a social studies teacher, I know how important it is for students to have truthful and accurate information that helps them better understand the lives, cultures, and experiences of different people. It builds critical thinking skills that are truly foundational to their success in all facets of life. But New Hampshire’s ‘banned concepts’ law stifled New Hampshire teachers’ efforts to provide a true and honest education. Students, families, and educators should rejoice over this court ruling which restores the teaching of truth and the right to learn for all Granite State students.”

Jennifer Eber, Litigation Director of Disability Rights Center – NH, said, “By discouraging open and honest discussion of difficult topics related to disability, this law posed a significant threat to the disability rights movement. Learning about the history of institutionalization and isolation to which disabled people have been subject is fundamental to building inclusive school communities and providing students with appropriate supports and services.”

Emerson Sykes, Senior Staff Attorney at the American Civil Liberties Union, said, “This is an important win for educators and students in New Hampshire and sends a clear message across the country that bans on inclusive education are unconstitutional and will not stand.”

The case consolidated two lawsuits, one filed by educators Andres Mejia and Christina Kim Philibotte and NEA-NH, and one filed by the American Federation of Teachers.

Read the court decision

Learn more about the case

News

Advocates Call For Sununu to Immediately Veto All Bills That Would Set Back LGBTQ+ Rights

CONCORD, NH – The New Hampshire Senate today voted to send another bill that would take away rights from LGBTQ+ Granite Staters to Governor Sununu’s desk, with particular harms for transgender people. 

HB 396, which rolls back some of the nondiscrimination protections passed in 2018, opening the door to discrimination in public spaces, including restrooms, will now go to Governor Sununu’s desk. In 2018 New Hampshire became the first U.S. state to pass an update to its nondiscrimination law to include transgender people through an entirely Republican-controlled State House, Senate, and Governor. 

HB 396 now joins the following bills that the NH State Senate sent to Governor Sununu’s desk last week: 

HB 1205: Bans transgender girls from playing girls’ sports from 5th grade (age 10) to 12th grade. Requires all girls to submit a birth certificate for eligibility – or provide “other evidence,” which could include genital inspection. Allows parents and students to sue their school, an opposing team’s school, the NHIAA, and the state if they believe a transgender athlete has caused them psychological, emotional, or physical harm.  

HB 1312: Requires educators to provide 2 weeks’ notice on all curriculum and materials related to gender, sexual orientation, gender identity, and gender expression, and identifies these topics as “objectionable material.” 

HB 619: Bans referrals for gender-affirming healthcare for transgender patients under 18 years old, which disregards parents’ rights to direct the health care of their child. 

LGBTQ+ rights, public education, and child welfare advocates gave the following statements:

Linds Jakows, Founder of 603 Equality, said, “When New Hampshire became the first entirely Republican-controlled state to say that transgender people should live free from discrimination, there was no asterisk. No qualifier. Governor Sununu said it was simply ‘the right thing to do.’ Just because certain members of the NH State Senate have chosen to abandon the values they held in 2018, does not mean Governor Sununu will. LGBTQ+ people and those who know and love us are urging a swift veto of these mean-spirited bills that are based in misinformation. When we say ‘live free or die’ we mean everyone.” 

Sarah Robinson, Education Justice Director, Granite State Progress, said, “The families I work with want freedom and safety for all of their children, whether or not they are transgender. If we are to build a state where we create real solutions to real problems, like making sure every student has access to a fully-funded, honest and inclusive education, we must recognize that certain politicians have chosen to create a false moral panic around transgender young people. Let’s not open the door –even a crack– to discrimination against transgender people in public spaces.” 

Christina Warriner, New Hampshire State Director of Reproductive Equity Now, said, “Reproductive equity not only calls on us to fight for reproductive health care access for all, but also demands that we protect bodily autonomy and the right to self-determination of gender identity. Every person must have the ability to make dignified decisions about their bodies, lives, and futures. Governor Sununu must veto these devastating bills that stand in stark opposition to New Hampshire’s values of freedom and dignity.”

Chris Erchull, Attorney, GLBTQ Legal Advocates & Defenders (GLAD), said, “All New Hampshire residents deserve lives that are free from discrimination, harassment and violence. By singling out transgender Granite Staters for unfair treatment, the legislature has betrayed this bedrock value and voted to introduce discrimination into New Hampshire’s laws. Governor Sununu, who has stood up for a fair and inclusive state in the past must do so again now by vetoing HB 396 and all bills targeting LGBTQ people that come to his desk.”

Deb Howes, President AFT-NH “All of our students have the right to feel safe and welcome in our public schools. It is so incredibly discouraging to see the current slim majority in the State Legislature pass HB 396 to roll back non-discrimination protections guaranteeing equal treatment for all Granite Staters when it comes to public accommodations. This bill must be vetoed so that all Granite State students can access their constitutionally guaranteed robust public education free from discrimination.

Courtney Reed, Policy Advocate at the ACLU of New Hampshire, said, “Today is another grim day in New Hampshire. Nobody wins when we try to make discrimination law. HB 396 undermines the right to equal protection under the law for transgender people – and we urge Governor Sununu to veto this dangerous bill once it reaches his desk, keeping in tradition that the Granite State respects the rights of LGBTQ+ people.” 

Devan Quinn, Director of Policy at the New Hampshire Women’s Foundation, said, “Transgender, nonbinary, and intersex people deserve equitable treatment in school, athletics, corrections, and all other facets of public life. These pieces of legislation will move us backwards from the progress New Hampshire has made in recognizing transgender people in nondiscrimination law. Transgender women are women, and trans girls are girls. Like all women and girls, they deserve to be treated fairly in all aspects of their lives.”

Keith Kuenning, Advocacy Director for Waypoint said, “We are saddened today by the Senate’s passage of HB 396. All New Hampshire’s residents deserve the right to feel comfortable and safe regardless of their gender identity or where they are, whether using a bathroom, locker room, or participating in sports. Today’s vote rolls back critically important non-discrimination protections New Hampshire worked so hard to put in place in 2018. We trust that the Governor will continue to do the right thing, as he did in 2018, and veto this bill to ensure protections for all of the people in New Hampshire.”

Liz Canada, Advocacy Director for Planned Parenthood New Hampshire Action Fund, said, “Against the will of Granite Staters who have long believed in personal freedom and civil liberties, politicians in New Hampshire’s legislature have now sent no less than four anti-LGBTQ+ bills to Governor Sununu’s desk. 

Make no mistake: a vast majority of Granite Staters support an individual’s right to bodily autonomy, privacy from government interference in health care decisions, and the ability to live free and authentically.

When Governor Sununu signed a bill protecting transgender Granite Staters from discrimination just a few years ago, he said that discrimination ‘runs contrary to New Hampshire’s Live Free or Die spirit.’ We urge Governor Sununu to remember his own words this week, veto these four bills, and continue New Hampshire’s long history of supporting LGBTQ+ individuals.”

Title IX | National

In April of 2024, the U.S. Department of Education released a final rule that affirms that Title IX prohibits discrimination on the basis of sexual orientation, transgender status, and other sex-based characteristics and stereotypes.

This is a clear statement that federal law protects LGBTQ+ students from discrimination in public schools and that the Office of Civil Rights will investigate complaints.

The rule also reinstates broad protections and remedies for students who experience sex-based harassment, removing onerous complaint resolution procedures instituted by the prior administration, and providing much-needed updates regarding the rights of pregnant and parenting students.

Q&A

What does this new rule mean for my school?

The federal Department of Education has instructed all schools that receive federal funding to update or adopt policies that comply with these Title IX regulations.

When must my school/university implement the new Title IX regulations?

New Title IX regulations must be adopted by August 1, 2024

Who is better protected by the new regulations?

The final regulations provide greater clarity regarding: the definition of “sex-based harassment”; the scope of sex discrimination, including schools’ obligations not to discriminate based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity; and schools’ obligations to provide an educational environment free from discrimination on the basis of sex (including LGBTQ+ students).

Does Title IX protect me as an LGBTQ+ student?

Yes! The rule prohibits discrimination and harassment based on sexual orientation, gender identity, and sex characteristics in federally funded education programs. The rule applies the reasoning of the Supreme Court’s ruling in Bostock v. Clayton County that discrimination on the basis of sexual orientation or transgender status is discrimination because of sex.

This means that schools must protect LGBTQ students from harassment and discrimination and cannot treat LGBTQ students differently from other students, including in sex-separated facilities – like access to bathrooms and locker rooms – and school programs.

Does the ruling say anything about transgender athletes?

The final regulations do not include specific language about sports.

However, several courts have said that banning all transgender girls from playing on girls’ sports teams or all transgender boys from playing on boys’ sports teams violates Title IX.

Are there exceptions to what Title IX covers?

Yes, there are some exceptions.

However, no one can be denied the benefits of the new regulations from educational institutions receiving federal financial assistance.

You can find further information regarding exemptions here.

State Laws and How to Get Help

  • It is important to note that in New England state laws also provide protections, sometimes greater than those at the federal level, and are often the first place to start when looking for support
    • You can find state-specific resources for dealing with bullying and harassment due to LGBTQ+ status or perceived status at schools here
  • If you have exhausted state-based resources or want to learn more about your rights under Title IX, you can find Title IX-specific information and resources here as well as the US Department of Education’s 2024 Ruling Fact Sheet here, where much of the information above has been pulled from
  • If you need more information or have questions about what to do if you or your child is experiencing discrimination, bullying, or harassment at school, contact GLAD Answers

A Note About Lawsuits Challenging the New Title IX Regulations

Some states that have passed anti-LGBTQ laws in recent years are currently challenging the new Title IX regulations in court.  However, no court rulings have yet been issued. Schools should be prepared to implement the new regulations by August 1, 2024.

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