New Hampshire becomes latest state to restrict sex-change surgeries for minors

Washington, D.C. Newsroom, Jul 22, 2024 / 17:22 pm

New Hampshire Gov. Chris Sununu signed into law a bill that restricts sex-change surgeries on minors, along with a bill that restricts access to female athletic competitions in certain grades to only biological girls. 

“As the debate over [these bills] has played out in Concord and throughout the state, charged political statements have muddled the conversation and distracted from the two primary factors that any parent must consider: safety and fairness for their children,” Sununu said in a statement. 

“These two factors have been my primary consideration in reviewing these bills,” the governor added.

Sununu vetoed a third bill related to transgender policies. 

The vetoed legislation would have ended the state’s anti-discrimination protections for people who identify as transgender. This would have permitted public and private entities to restrict bathroom and locker room access based on biological sex rather than self-asserted gender identity.

Banning transgender surgery on minors

House Bill 619, which goes into effect on Jan. 1, 2025, prohibits doctors from performing “genital gender reassignment surgery” on anyone under the age of 18.

This includes a ban on internal and external gender transition surgeries. For boys, this ban includes removal of genitals and surgical interventions to make the genitals appear similar to a female. For girls, this ban includes the removal of ovaries or other surgeries that alter the genitals and make the genitals appear similar to a male.

“This bill focuses on protecting the health and safety of New Hampshire’s children and has earned bipartisan support,” Sununu said. “There is a reason that countries across the world — from Sweden to Norway, France, and the United Kingdom — have taken steps to pause these procedures and policies.”

However, New Hampshire’s restrictions do not go as far as many other Republican states. The law still allows other transgender surgeries, such as the removal of healthy breasts in girls and the addition of prosthetic breasts in boys to facilitate a sex change. The state will also continue to allow doctors to prescribe puberty-blocking drugs and hormone therapy to facilitate a sex change in minors.

The ban on genital surgery is enforced through licensing agencies. Minors or parents will also be permitted to sue doctors who perform banned surgery on minors. 

Protecting girls’ sports

House Bill 1205 ensures that only biological girls will be allowed to participate in female sports competitions in grades 5 through 12. The legislation does not affect lower grades or college sports.

The legislation requires that sports competitions for those grades be classified as either “male,” “female,” or “coed.” Only biological males can participate in “male” competitions, only biological females can participate in “female” competitions, and both can participate in “coed” competitions.

Per the legislation, a biological male who identifies as transgender could not participate in a sports competition reserved for girls.

“[This legislation] ensures fairness and safety in women’s sports by maintaining integrity and competitive balance in athletic competitions,” Sununu said. “With this widely supported step, New Hampshire joins nearly half of all U.S. states in taking this measure.”

Any student who is deprived of an athletic opportunity based on a violation of the law or who faces retaliation for reporting a violation will be allowed to sue the school for damages.

This bill goes into effect 30 days following the governor’s signature.