By Linds Jakows 

I just celebrated my 9-year New Hamshire-versary, and have lately reflected on my path through New Hampshire. When I moved here in 2014, I was a newly out nobinary person who felt unsure about making New Hampshire my home my home. Since managing the campaign in 2017-18 that updated state law to include transgender people, I have come a long way in growing my connections with other LGBTQ+ Granite Staters, and the vast majority of this state that supports freedom for all of us to be be ourselves

Yet there is a constant attack on that freedom from a minority of state legislators. Earlier this past year, the Human Rights Campaign tracked 520 anti LGBTQ+ bills that had been introduced in legislatures nationwide. A record. NH had at least 7.  Last year, a strong team of LGBTQ+ activists and allies did not let a single such bill get to Governor Sununu’s desk. While grateful for that, two bills were retained by House committees that could rear their ugly heads when the House takes them up in January.

These  bills are based on lies, fear, and misinformation. And there is one retained bill that would take a step toward proactive protections for gender affirming healthcare for transgender people in New Hampshire.

The original language of House Bill 619 would broadly ban any form of gender affirming care – from puberty blockers that simply pause puberty, to hormone replacement therapy, to surgeries.  It would also broadly ban social affirmation of trans students (aka using a new name and/or pronouns). It would also change the definition of conversion therapy to re-legalize it.

State Rep. Erica Layon has proposed an amendment to this bill, which would narrow the ban on gender affirming care for minors to only ban genital surgeries for transgender teenagers, strike the language banning social affirmation for trans or questioning students in public schools, and still add more confusing language to change the definition of conversion therapy.

Testimony at last a recent public hearing made clear clear no providers are confused about the language of the conversion therapy ban. They think it is fine as it is.

The surgeries take place rarely for a small handful of 17 year old transgender girls who have been on hormone replacement therapy for for at least a year.  In my 7 years of organizing on LGBTQ+ issues here I know of only one person who had this surgery, shortly before her 18th birthday, and for her, it was life saving.

The proposed ban also sets a dangerous precedent of blocking New Hampshire doctors from making referrals to surgeons in other states, and would block Medicaid and private insurance from covering this necessary medical care. The Live Free or Die state, telling insurers what they can and can’t cover, and telling doctors what they can’t refer out about. Make it make sense.

I have seen many anti- LGBTQ+ bills, and my hunch is anti trans legislators hope to secure a victory on a narrower bill, knowing a broader ban is unpopular. But if they pass an amended bill, they’ll be back next year with more bans, if they are not already in the pipeline. This bill is a foot in the door for more discrimination.

The second anti-LGBTQ+ retained bill is HB 396. 396 would roll would roll back non discrimination protections, and allow discrimination based on so called “biological sex,” in athletics, incarceration, and public restrooms. This should be rejected because we know opponents of non discrimination cried wolf about trans people being a threat to anyone’s safety in restrooms before. There has been no uptick in safety incidents. That is why women’s advocates and advocates against domestic violence have spoken out strongly for our statewide non discrimination law.

There is no right to be free from trans people in restrooms. We all use restrooms the same way. Sports are ultimately about teamwork and perseverance. Few athletes reach the highest levels of competition.  Transgender girls are not boys. There is no dominance by trans girls at any level in any sport. No athlete is owed a medal  or trophy, or gets to say another athlete of any gender with a stronger body type “stole” a medal from her. When trans people are incarcerated, they are harmed more often when placed in a facility not consistent with their gender, or in solitary confinement.

Finally, a silver lining. HB 368 would make NH a safe state for gender affirming health care for trans and nonbinary people. As health care has become more heavily criminalized in states like Texas and Florida, trans people are often crossing state lines to get the care they need. This law would shield providers from having to release medical information for a subpoena from another state, aimed at starting a civil action against someone for receiving gender affirming health care.

This is a scary time for people who just want a caring provider to help them feel more at home in their own bodies Our “Live Free or Die” state should  insist we not be subject to the authoritarian laws of other states. Residents of the Live Free or Die state should ensure their state representatives are prepared to vote to pass HB 368 when the legislative session begins in early January.

When New Hampshire representatives come back to the Capitol to vote on retained bills, they should side with transgender people, our allies, every leading medical organization, and fair minded people who believe legislators have no place in our exam rooms, restrooms, or locker rooms.