Bill to bar transgender girls from girls’ school sports now in N.H. governor’s court

The legislation’s fate is uncertain. Sununu, a Republican, has said he doesn’t believe “biological boys” should be competing in girls’ sports. But he has also declined to take a clear-cut stance for or against particular bills on this topic, noting that legislation is frequently multi-faceted and amended. His spokespeople did not immediately respond Thursday afternoon to a request for comment.

Sununu signed laws in 2018 and 2019 to prohibit discrimination on the basis of gender identity and specifically applied those protections to New Hampshire schools — so opponents of this newly passed bill have expressed optimism that he could veto it.

“Governor Sununu has been known at times to do the right thing when confronted with hard decisions,” said Chris Erchull, an attorney with GLBTQ Legal Advocates & Defenders. Erchull called on Sununu to follow the lead of Republican governors like Mike DeWine of Ohio and Spencer Cox of Utah, who have vetoed anti-trans legislation in their states.

Senate President Jeb Bradley of Wolfeboro, a Republican proponent of the bill, acknowledged during debate Thursday that he had voted in favor of the legislation that added gender identity to New Hampshire’s anti-discrimination law. That, he said, was the right vote, even though he and a couple of other GOP senators were in the minority for their party.

Bradley said he still supports prohibiting discrimination in matters of public accommodation, but maintaining girls’ sports exclusively for those identified as female at birth is a matter of fundamental safety and fairness. He alluded to a story about basketball players in Massachusetts reporting injuries during a game with a transgender player.

“I think the facts are pretty clear,” he said. “It may not be universal, but biological males have a strength and speed advantage over biological females.”

Democrats contended, however, that Republicans have their logic backwards.

Senator Debra Altschiller of Stratham said there are just five transgender student athletes statewide to whom this bill would apply.

“Those five girls are not a threat,” she said. “They are the threatened.”

Democratic Senator Suzanne M. Prentiss of West Lebanon raised particular concern about the provision that would require students to provide “other evidence” of their sex.

“There is no guidance on this,” Prentiss said, warning that the vague provision could itself pose a safety issue for students whose sex is called into question.

Democratic Senator Donovan Fenton of Keene warned the bill could lead to scenarios in which coaches, teachers, or administrators ask young girls to pull down their pants for genital inspections.

Senator Daniel E. Innis of Bradford, who serves in a leadership role for the Log Cabin Republicans, an organization for LGBT conservatives and straight allies, said he met transgender Olympic gold medalist Caitlyn Jenner and spoke with her twice about this issue. He said Jenner would have “destroyed” every female athlete in her high school, had she been allowed to compete in girls’ sports back then. And he said Jenner described this bill’s approach as “common sense.”

A commotion in the back of the chamber brought proceedings to a sudden halt moments before the senators were to vote on House Bill 1205. Republican Senator Denise Ricciardi of Bedford collapsed and colleagues rushed to her aid. Staffers cleared the Senate and gallery before emergency medical technicians arrived to whisk Ricciardi away to the hospital.

Ricciardi appeared to be awake as EMTs transported her on a stretcher from the Senate chamber to the nearby elevator. Bradley said in a statement shortly thereafter that Ricciardi was conscious and was taken to the hospital as a precaution. He thanked the health care professionals who leapt into action, including the EMTs, State House nurse Michelle Flanagan, and Senator Prentiss, who is a paramedic.

The final vote in favor of HB 1205 was 13-10 in Ricciardi’s absence. It drew a flurry of statements condemning the outcome.

“Our hearts break for the young transgender Granite Staters who are being relentlessly targeted by state lawmakers during this challenging legislative session,” said Courtney Reed, policy advocate at the American Civil Liberties Union of New Hampshire. “Trans students belong on our sports teams and in our schools, and all trans youth should be celebrated and protected for who they are.”

Reed said HB 1205 runs counter to state and federal law, and she called on Sununu to veto the legislation.

Liz Canada, advocacy director of Planned Parenthood New Hampshire Action Fund, said the passage of this bill is deeply concerning.

“The anti-abortion and anti-transgender movements are inextricably linked: both hinge on restrictions on our bodily autonomy. The politicians behind these attacks don’t support freedom or safety — their agenda is compliance and control,” Canada said.

“These athletes are girls: their teammates know they are girls, their coaches know they are girls, their friends know they are girls, and their parents know they are girls,” she added. “This is a blatant attempt to target transgender individuals in New Hampshire, particularly transgender teens.”

Senators also voted 13-10 on Thursday to approve House Bill 1312, which would add sexual orientation, gender, gender identity, and gender expression to the existing law that requires schools to give parents at least two weeks’ notice before any instructional material or program about human sexuality, so parents can opt out.

“If schools are going to teach these sensitive subjects, parents should have the opportunity to review the materials and make an informed decision about their children’s education,” Republican Senator Timothy P. Lang Sr. of Sanbornton said in a statement. “Parents have a right to be informed and heard if they find objectionable content in their child’s classroom.”

Steven Porter can be reached at steven.porter@globe.com. Follow him @reporterporter.