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Transgender Rights | Public Accommodations | New Hampshire

New Hampshire Public Accommodations Q&A

What is a “place of public accommodation”?

A place of public accommodation is a place that caters or offers its services, facilities, or goods to the general public (NH RSA 354-A:2, XIV). This definition is intentionally broad and includes motels, restaurants, rest areas, highways and hospitals.

Does New Hampshire have an anti-discrimination law protecting transgender people in places of public accommodation?

Unfortunately not. New Hampshire is the only state in New England with no state laws explicitly protecting transgender people from discrimination.

However, some non-statutory protections do exist: in June 2016, New Hampshire Governor Maggie Hassan issued an Executive Order prohibiting discrimination based on gender identity or gender expression in state employment, state-run programs, and government contracts (NH Exec. Order No. 206-04 (June 30, 2016), http://governor.nh.gov/media/orders/documents/eo-2016-04.pdf). GLAD continues to work with organizations such as Freedom New Hampshire to ensure a future where all transgender Granite Staters receive full and equal protection under the law. For more information about the campaign, see http://www.freedomnewhampshire.org/.

What does the law say about discrimination in places of public accommodation?

Such places may not refuse, withhold, or deny use of accommodations, goods, or facilities because of a person’s sexual orientation (NH RSA 354-A:17). Unfortunately, New Hampshire has no anti-discrimination laws to protect transgender people.