Headlines from the Granite State
Federal court blocks trans ban
A federal court issued an order in early September to block the enforcement of the recently passed state law that bans transgender girls from playing on school sports teams against plaintiffs Parker Tirrell and Iris Turmelle while their case against it proceeds. The court ruled that the law, HB 1205, discriminates against transgender students in violation of Title IX and the U.S. Constitution.
In the ruling, the judge stated that “HB 1205, on its face, discriminates against transgender girls” and that it “is not even a close call.” The ruling goes on to say, “The stigma and humiliation that comes from such treatment of a child at the hands of the State is substantial and irreparable.”
“Today’s ruling is clear: New Hampshire cannot justify singling out students to deny them essential educational benefits simply because they are transgender. We are pleased the court understands that Parker and Iris, along with all other transgender students in New Hampshire, deserve access to the countless benefits school sports provide, including physical and mental health, leadership skills, and social development.” said Chris Erchull, senior staff attorney at GLBTQ Legal Advocates & Defenders (GLAD), which, along with the ACLU of New Hampshire, represented Tirrell and Turmelle in the case.
Primary winners
In the Granite State primaries on Sept. 10, New Hampshire voters resoundingly backed the openly LGBTQ candidates on the ballot.
US Congressman Chris Papas advanced to the General Election on Nov. 5. In 2019, Pappas became the first openly LGBTQ person from the Granite State elected to Congress. Currently, he cochairs the US Congressional LGBT Equality Caucus.
Emmett Soldati (D, District 1), also moved to the General Election in his bid for the state’s Executive Council. The Granite State’s five-person council operates as a check on the governor, holding veto power over contracts, pardons and nominations—including judicial nominations.
Incumbent Granite State Senators Dan Innis (R, District 7) and Rebecca Perkins Kwoka (D, District 21) also advance to the Nov. 5 ballot. In 2020, Perkins Kwoka became the first LGBTQ woman to serve in the Granite State Senate.
And incumbent Granite State Reps Jim MacKay (D, District 18 Merrimack), Alissandra Murray (D, District 20 Hillsborough), James Roesener (D, District 22 Merrimack) and Linda Tanner (D, District 5) also move on to the Nov. 5 General Election.
NH AG calls on SCOTUS
New Hampshire Attorney General John Formella has signed onto an amicus brief with 25 other attorneys general calling on the US Supreme Court to reverse a recent appeals court ruling in favor of transgender student athletes.
The ruling found that West Virginia “violated a transgender student’s rights under Title IX — which outlaws sex-based discrimination in schools — when it prohibited her from competing in girls’ sports,” reports the Keene Sentinel, adding that “The Supreme Court is still deciding whether to take up the West Virginia case. But it could have implications for the more than two dozen states, including New Hampshire, that have passed laws limiting girls’ school sports to students assigned female at birth.”
NH Supreme Court win
In late August, the New Hampshire Supreme Court upheld a lower court decision that affirmed Manchester School District’s policy respecting the rights to privacy (and not inappropriately “out” students to their parents) and the choice of personal pronouns of trans students.
The plaintiff challenging the district’s policy, a mother of a student, claimed the policy infringed on her ability to properly parent her child; however, the Court found:
“The Policy does not prevent parents from observing their children’s behavior, moods, and activities; talking to their children; providing religious or other education to their children; choosing where their children live and go to school; obtaining medical care and counseling for their children; monitoring their children’s communications on social media; choosing with whom their children may socialize; and deciding what their children may do in their free time. In short, the Policy places no limits on the plaintiff’s ability to parent her child as she sees fit.”
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