New Hampshire Republican Governor Chris Sununu has joined 24 other states in signing legislation barring biological males from playing in girls’ sports.
The new law bans trans-identified athletes in grades five through 12 from playing on teams that do not align with their gender identity as indicated on their birth certificates.
The bill passed by the Republican-led Legislature would require schools to designate all teams as either girls, boys or coed, with eligibility determined based on students’ birth certificates “or other evidence.” Supporters of the legislation said they wanted to protect girls from being injured by larger and stronger transgender athletes.
Sununu signed the bill Friday, saying in a statement it “ensures fairness and safety in women’s sports by maintaining integrity and competitive balance in athletic competitions.” It takes effect in 30 days.
Megan Tuttle, president of NEA-New Hampshire, a union representing public school employees, criticized Sununu.
“Public schools should be safe, welcoming environments for all students, regardless of sexual orientation or gender identity,” she said in a statement. “Shame on Governor Sununu for signing into law this legislation that excludes students from athletics, which can help foster a sense of belonging that is so critical for young people to thrive.”
Gov. Sununu also signed a measure that would prohibit gender-affirming surgeries for children experiencing gender dysphoria.
It would not be surprising to see New Hampshire’s law challenged in court. Other states that have passed similar legislation are facing lawsuits aimed at striking down these measures. A federal appeals court recently overturned West Virginia’s law protecting female athletes.
The “Save Women’s Sports Act” was enacted about three years ago before being overturned on Tuesday by the court. However, state officials vowed to continue fighting for the law.
The ban in West Virginia was originally signed into law by Gov. Jim Justice in 2021, and introduced as the “Save Women’s Sports Act.” It required that any official or unofficial school-sanctioned event involving athletics determine each athlete’s participation in the event “based on the athlete’s biological sex as indicated on the athlete’s original birth certificate issued at the time of birth,” effectively barring transgender students from participating.
The ruling from the 4th U.S. Circuit Court of Appeals said the law cannot lawfully be applied to a 13-year-old girl who has been taking puberty-blocking medication and publicly identified as a girl since she was in the third grade.
In February 2023, the court blocked the state’s bid to kick Becky Pepper Jackson off of her middle school track and field team if the law were enforced.
Judge Toby Heytens wrote that offering her a “choice” between not participating in sports and participating only on boys teams “is no real choice at all.”
“The defendants cannot expect that B.P.J. will countermand her social transition, her medical treatment, and all the work she has done with her schools, teachers, and coaches for nearly half her life by introducing herself to teammates, coaches, and even opponents as a boy,” Heytens wrote.
The majority of Americans do not believe biological males should be allowed to participate in women’s sports, according to a survey conducted in 2023. It revealed that about 69 percent of Americans believe “athletes should only play on teams that match their birth gender.”
