Lawmakers pass limits on sports for transgender girls
Opponents raise potential biases
CONCORD, N.H. — A bill that would prevent transgender girls from participating in girls’ sports narrowly passed the New Hampshire House in a 189 to 182 vote on Thursday.
The legislation would apply to students in grades 5 through 12 at public middle and high schools or at private schools that compete against public schools in sports.
It requires sports teams to be designated “based on the biological sex at birth of intended participants.” The three designated categories outlined by the bill are male, men, or boys; female, women, or girls; and coed or mixed teams.
Students would be required to prove their sex by showing a birth certificate.
Representative Susan Vandecasteele of Salem was the lone Republican who joined Democrats in voting against the bill.
But other Republicans argued in favor of the bill, which they believe would protect women’s sports.
“We all want equal access to sports. But a girl should not be displaced by a boy on a team designated for girls,” said Representative Katy Peternel, a Wolfeboro Republican.
“Girls and women have been severely injured by boys and men competing as women in their sports,” she said.
LGBTQ+ advocates reject Peternel’s characterization of transgender girls as boys and said this bill singles them out for discrimination.
“Today, the so-called ‘Live Free or Die’ State chose to exclude transgender girls from participating on girls’ sports teams, cruelly taking away opportunities to learn teamwork, improve mental health, and belong with other girls,” said Linds Jakows, founder of 603 Equality.
Democrats also raised concerns about a possible violation of Title IX, which protects people from discrimination based on sex in any school or education program receiving federal funding.
“All New Hampshire students regardless of gender, race, sexual orientation, sex, religion, economic status, deserve the opportunity to learn those important life lessons in sports, like leadership, confidence, self respect, what it means to be part of a team,” said Representative Stephen Woodcock, a Center Conway Democrat.
Proponents of the ban also invoked Title IX in arguing that the bill should pass.
Representative Rick Ladd, a Haverhill Republican and chair of the House Education Committee, said the bill protects the future of women’s sports, and not passing it would be the demise of Title IX.
“It is scientifically a fact that on average, males are stronger, faster, and larger than average females,” he said. “Permitting biological males who identify as girls to participate in women’s or girls sports creates both unfairness and severe safety issues.”
Representative Linda Tanner, a Georges Mills Democrat, said no one has been denied a scholarship or injured in a game because of the participation of a transgender person.
Reports of injuries allegedly involving a transgender basketball player in Massachusetts gained national attention after one team decided to forfeit the game at halftime. The executive director of the ACLU of Massachusetts warned that allegations of aggressive conduct by one player shouldn’t be used to remove LGBTQ people from public life. And she said transgender girls don’t inherently have an unfair advantage.
Twenty-four other states have recently passed laws banning transgender students from participating in sports that align with their gender identity, according to the Movement Advancement Project, a nonprofit think tank. States started pursuing this legislation in 2020, following Idaho’s example. It has led to litigation in some states, and the issue is expected to eventually reach the Supreme Court, according to an ESPN report.
Thursday’s vote drew criticism from the American Federation of Teachers of New Hampshire, a teachers union, which said it would force schools to discriminate against certain students.
“The state should not pass laws forcing us to discriminate against some students and deny them the chance to participate in these time-honored school activities with the other students in their communities,” said Deb Howes, president of AFT-New Hampshire.
The American Civil Liberties Union of New Hampshire, New Futures, and the New Hampshire Women’s Foundation were among several other organizations that criticized Thursday’s vote.