Newsmakers | New Hampshire

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New Hampshire State House. Photo John Martinez

Headlines from the Granite State

‘Banned Concepts’ case

In January, a US district court ruled that a lawsuit may proceed against a New Hampshire state law that “discourages public school teachers from teaching and talking about race, gender, sexual orientation, disability, and gender identity in the classroom,” says GLBTQ Legal Advocates & Defenders (GLAD). 

GLAD is partnering with a coalition of organization and law firms representing the plaintiffs, including the ACLU, the American Federation of Teachers of New Hampshire, the National Education Association and several educators.

The state had asked the court to throw the case out. 

“Given the severe consequences that teachers face if they are found to have taught or advocated a banned concept, plaintiffs have pleaded a plausible claim that the amendments are unconstitutionally vague,” wrote District Court Judge Paul Barbadoro in his finding, which sent the case on toward a full trial.

New Hampshire is one of many states across the country that passed similar laws in 2021 aimed at censoring discussions around race and gender in the classroom. New Hampshire is one of three states that have had similar laws challenged in court, noted GLAD in a press release. 

“Our public schools are a critical civic institution, and we entrust New Hampshire’s dedicated teachers and administrators to help students understand the world around them and prepare to take their place as adults in our increasingly diverse state and country,’” said GLAD attorney Chris Erchull. 

“In the time this law has been in effect, we have seen the culture of fear it has created in classrooms across the state by placing vague conditions on what educators can discuss in the classroom about race, gender, gender identity, sexual orientation, and disability. We look forward to continuing the work to overturn this law that is making our schools less safe for students and denying them the opportunity to fully learn about American history and understand and appreciate human differences.”

More: glad.org

Sweeping anti-LGBTQ legislation

Proposed legislation (House Bill 619) moving through the state house now would ban gender-affirming care for minors and young adults, reverse state protections against conversion therapy and much more. 

As described on the Advocate.com website: 

“New Hampshire’s House Bill 619, sponsored by several Republicans, would ban all gender-affirming procedures for people under 18, along with Medicaid coverage for them, and make health care providers subject to lawsuits. It would also prohibit public schools from teaching ‘that gender is a choice, optional or fluid and that there are more than two genders: male and female,’ with limited exceptions; make schools refer to students by the names and pronouns under which they were enrolled; and require students to use the restrooms for the sex they were assigned at birth. 

“It further would create an exemption from the state law banning conversion therapy for minors. ‘Counseling of a child enrolled in therapy at the request of their parent for the evaluation of, and treatment for, gender dysphoria’ would not meet the definition of prohibited conversion therapy, the bill says.

In the words of GLBTQ Legal Advocates & Defenders (GLAD), this bill “would eviscerate protections against conversion therapy—important progress that we won only a few years ago and reaffirmed last year. The bill would also ban gender-affirming care for minors, force public schools to misgender transgender students, prevent trans kids from using school bathrooms according to their gender, and prohibit them from playing on school sports teams with their friends.”

To keep up with this and other LGBTQ-related legislation in the Granite State, GLAD advises following the Facebook group “603 Equality,” which features “the latest actions planned in New Hampshire on this bill and other critical issues.”

HRC equality index leader

Despite proposed anti-LGBTQ legislation at the state house, New Hampshire — along with the other five New England states — has once again earned tops scores on Human Rights Campaign’s most recent State Equality Index, which came out in late January.

This index delivers a comprehensive state-by-state report on laws and policies that affect LGBTQ+ people and their families across the country. Scores are broken down into the following categories: Active Laws & Policies; Parenting Laws; Hate Crimes & Criminal Justice Laws; Non-Discrimination Laws; Religious Refusal & Relationship Recognition; Youth Laws; and Health & Safety Laws. 

Find out how the Granite State scored in each at hrc.org/resources/state-scorecards.

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