New Hampshire’s Republican governor Chris Sununu, along with 24 other states, has signed a law banning biological males from participating in girls’ sports.
The novel Law prohibits transgender athletes in grades 5 through 12 from playing on teams that do not match the gender identity stated on their birth certificate.
The Republican-led bill would require schools to divide all teams into girls, boys or co-ed teams, with eligibility determined based on students’ birth certificates “or other proof.” Supporters of the bill said they wanted to protect girls from injury at the hands of larger and stronger transgender athletes.
Sununu signed the bill on Friday, saying in a statement it “ensures fairness and safety in women’s sports by maintaining integrity and competitive equality in athletic competition.” It takes effect in 30 days.
Megan Tuttle, president of NEA-New Hampshire, a union that represents public school employees, criticized Sununu.
“Public schools should be safe, welcoming environments for all students, regardless of their sexual orientation or gender identity,” she said in a statement. “Shame on Governor Sununu for signing this bill that excludes students from sports that can help foster a sense of belonging that is so important to young people thriving.”
Governor Sununu also signed a measure banning gender reassignment surgery for children with gender identity disorder.
It would not be surprising if New Hampshire’s law were challenged in court. Other states that have passed similar laws are facing lawsuits seeking to strike down those measures. A federal appeals court recently struck down West Virginia’s law protecting female athletes.
The Save Women’s Sports Act was passed about three years ago before being overturned by the court on Tuesday, but state officials vowed to continue fighting for the law.
The West Virginia ban was originally signed by Governor Jim Justice in 2021 and introduced as the “Save Women’s Sports Act.” It required that at all official or unofficial school-sanctioned athletics events, each athlete’s participation in the event be determined “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 4th U.S. Circuit Court of Appeals’ decision said the law could not lawfully apply to a 13-year-old girl who has been taking puberty-blocking medication since third grade and publicly identifies herself as a girl.
In February 2023, the court blocked the state’s attempt to kick Becky Pepper Jackson off her middle school’s track team if the law was enforced.
Judge Toby Heytens wrote that offering her the “choice” of not participating in sports or only participating in boys’ teams was “not a real choice at all.”
“The defendants cannot expect BPJ to undo 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 as a boy to her teammates, coaches, and even opponents,” Heytens wrote.
According to a 2023 poll, the majority of Americans believe that biological males should not be allowed to participate in women’s sports. It found that about 69 percent of Americans believe that “athletes should only play on teams that match their birth sex.”
