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Advocates call for vetoes as four bills affecting transgender people land on Sununu's desk • New Hampshire Bulletin

Shortly after Governor Chris Sununu signed a bill in 2018 adding gender identity to the list of anti-discrimination laws, Linds Jakows approached him after the signing ceremony and thanked him.

“And he just said, 'Oh, it's just the right thing to do,'” Jakows, a transgender lawyer, recalled in an interview.

Today, Yakovs and other LGBTQ rights activists are again trying to reach the governor. “We're still letting his phone ring off the hook,” Yakovs said.

Republican lawmakers in the House and Senate have passed four bills this year that would affect LGBTQ people in the state, arguing in many cases that the bills would promote public safety. Now, progressive activists and LGBTQ rights groups are waging a full-scale lobbying campaign against the governor, hoping to convince Sununu to block the bills on their way to his desk.

The bills are varied. House Bill 619 would prohibit gender reassignment care for persons under 18 years of age. Bill 1205 would prevent children assigned male at birth from competing on girls' public school sports teams in grades five through twelve. Bill 1312 would require public school teachers to announce class materials on sexual orientation, gender, gender identity, or gender expression two weeks in advance and allow parents to opt out of those classes.

And House Bill 396 would directly roll back some of the provisions of the 2018 Gender Identity Rights Act signed by Sununu. The bill would create an exception to the 2018 law that allows public or private organizations to classify people based on their biological sex for restrooms, locker rooms, athletic competitions and sporting events, as well as prisons, detention centers and mental hospitals – without the worry that anti-discrimination law could kick in.

Republican sponsors of the bills say they aim to ensure safety by excluding minors from life-changing surgeries, preventing transgender girls born as biological males from competing with cisgender girls, and allowing businesses and government agencies to segregate certain facilities by biological sex.

In a speech on HB 619 in January, Republican Rep. Erica Layon of Derry argued there isn't enough research on gender-affirming care to know whether it's dangerous for minors. “I understand the concern and I have compassion for these children and their families,” she said. “It's hard. Nobody is arguing that. But saying something is safe and effective when there's no data and you're just trying to figure out how it works for you isn't compassionate.”

Republican Rep. Katy Peternel of Wolfeboro spoke in favor of HB 1205 in March, portraying her support as a matter of fairness.

“We all want equal access to sports, but a girl should not be pushed out by a boy on a girls' team,” she said.

But human rights activists say the safety concerns are unfounded and the bills are a direct attack on transgender people. And now they are trying to persuade Sununu.

Groups like the New Hampshire Youth Movement have sent a flood of phone calls and emails to the governor's office in recent weeks. On May 29, approx. 150 members The group met outside the State House for a rally and later gathered outside Sununu's office to speak with him. When an office representative said that would not happen, the group remained in the hallway and chanted.

The message to Sununu, says Grace Murray, the organization's political director, is equality.

“Ultimately, we are supposed to live in a country where we can all live freely, especially in the state, and these bills make that impossible,” she said in an interview.

But there's also an economic argument, Murray says. The group has also argued that signing the bills could brand New Hampshire as anti-transgender, which could impact corporate involvement.

“One thing we've definitely talked about, especially as a coalition, is that Sununu has always been there for small businesses and also for individual freedoms. And first of all, these bills trample on those freedoms.”

The New Hampshire Youth Movement is continuing a strategy developed in earlier stages of bills, Murray said. Before key votes in the House and Senate, the organization's leaders have encouraged supporters to contact lawmakers, sometimes sending them emails while the chamber is in session.

“While a representative cannot take a call while sitting in the room, in his seat, he certainly can – and does – check his email, Twitter and his social media, and that's where this strategy comes in,” she said.

In some cases, advocates have focused on reaching out to sympathetic lawmakers, such as Democrats, and asking them to reach out to any colleagues who might be persuaded, Murray added.

Jakows, who currently serves as lead organizer for the Granite State Organizing Project, another progressive group, says the bills were a major topic among attendees at LGBTQ Pride events in June.

“Many of our community are already aware that these four bills are landing on Governor Sununu's desk and are very concerned and nervous and are constantly asking for updates,” said Jakows. “And it's hard to say that there is still a lot we don't know. The governor has not made a clear statement about what he will do to protect transgender people from discrimination.”

Amy Manzelli, the mother of a transgender girl who campaigned against the bills this year, joined the movement and wrote a letter to Sununu that was hand-delivered to his office last week. Manzelli's daughter Iris has benefited from participating in school sports; banning girls from participating in sports would destroy them, she wrote.

“This problem of just not understanding what a transgender child is and what modern transgender care looks like and how that creates a person who is no more dangerous than any other girl on the sports team just needs to come to light,” Manzelli said in an interview. “This basic information just needs to come to light.”

Sununu may soon face a decision on HB 1205 and HB 1312. These bills are currently on the desk of Senate President Jeb Bradley – the last important stop before they go to the governor's office.

Once the bills land on Sununu's desk, he has five days to sign them, veto them or allow them to become law without his signature. But Bradley could release the bills at any time or choose to hold them longer.

The other two bills have a longer road ahead; HB 619 and HB 396 have not yet been enrolled. They still need to be signed by the Committee on Enrolled Bills, the Speaker of the House and the Senate President before they can reach Sununu's desk, a process that could take weeks.

Sununu has not indicated that he will sign the sports bill, HB 1205, but recently expressed his support for it.

“I would say it all comes down to a question of fairness and safety,” Sununu said when asked about it at a May 15 press conference, echoing arguments made by supporters of the bill. “I don't want to get into the bill itself, but I think the voices of fairness and safety are being heard not just here in New Hampshire, but across the country.”

Sununu has not commented publicly on HB 619, HB 396 or HB 1312.

As the New Hampshire legislation lands on Sununu's desk, the U.S. Supreme Court has indicated that it will examine the constitutionality of similar laws. Last week, the court announced that it a case surrounding a challenge by the American Civil Liberties Union to a Tennessee state law banning gender-affirming care for minors. That decision is not expected until June 2025 but could affect New Hampshire if Sununu signs HB 619, LGBTQ rights supporters say.

If Sununu signs one or all of the four bills, supporters will focus on winning the House and governorship in favor of Democrats. But Manzelli said she still stands with Sununu.

“I still have hope that Governor Sununu will do the right thing 100 percent,” she said.

Anna Harden

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