The Republican governor of New Hampshire has vetoed bills designed to prevent males who identify as females from using women’s restrooms and locker rooms and establish a process so parents can seek the removal of sexually explicit material in public schools.
Gov. Kelly Ayotte vetoed two bills Tuesday, passed by the Republican-controlled legislature, House Bill 148 and House Bill 324.
House Bill 148 declares that “there are certain limited circumstances in which classification of persons based on biological sex is proper” and does not constitute “unlawful discrimination based on sexual or gender identity.”
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The bill passed the Republican-controlled New Hampshire House of Representatives in a 201-166 vote and was subsequently cleared by the Republican-controlled New Hampshire Senate in a 16-8 vote.
The legislation identifies multi-occupancy restrooms and locker rooms, sporting events and competitions “in which physical strength, speed, or endurance is generally recognized to give an advantage to biological males” and “mental health hospitals or treatment centers” as examples of where “permitting classification of persons based upon biological sex” does not amount to discrimination based on sexual orientation or gender identity.
In a statement, Ayotte acknowledged that “there are important and legitimate privacy and safety concerns raised by biological males using places such as female locker rooms and being placed in female correctional facilities.” But she contends that “House Bill 148 is overly broad and impractical to enforce, potentially creating an exclusionary environment for some of our citizens.”
The governor fears the policy would “spur a plethora of litigation against local communities and businesses.” She called provisions of the measure relating to women’s sports redundant since state law already prohibits trans-identified male athletes from competing in women’s sports.
“While I believe that the legislature should address this serious issue, it must be done in a thoughtful and narrow way that protects the privacy, safety, and rights of all New Hampshire citizens,” she said.
The other bill vetoed by Ayotte, House Bill 324, directed all school boards within the state to establish a “complaint resolution policy” to “address complaints submitted by parents or guardians alleging that material that is harmful to minors has been provided or is currently available to a student enrolled in the local school system who is the child of such parent or guardian.”
The bill passed the New Hampshire House of Representatives in a 183-148 vote and was approved by the New Hampshire Senate in a 15-8 vote.
The legislation criticizes material that “predominantly appeals to the prurient, shameful, or morbid interest of minors” and depicts “or describes nudity, sexual conduct, sexual excitement, or sadomasochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors.” The bill also calls out content that lacks “serious literary, scientific, medical, artistic, or political value for minors” and is “inappropriate to the age of the minors to whom it is being made available or presented.”
In addition to prohibiting school districts or employees from providing “material that is harmful to minors,” the measure outlines a process for parents concerned about the presence of such material in schools. Parents are required to write a letter to the principal, who will then evaluate the material and determine whether it should be removed from school grounds.
Parents would have the option to appeal a principal’s decision to the local school board and later, the state board of education. School districts can find themselves subject to litigation from any person who believes they are in violation of the law.
Justifying her veto, the governor defended the existing New Hampshire law regarding concerns about material in public schools and state policy requiring parental notification about curriculum related to human sexuality as adequate.
“As a parent, I understand and appreciate the concerns parents have about their children being exposed to age-inappropriate or objectionable materials in schools,” Ayotte said in a statement.
Ayotte also highlighted concerns about “the possibility of extensive civil action over materials in our schools, which could open the door to unnecessary litigation from out-of-state groups.”
The efforts to pass the respective bills come at a time when concerns are being raised nationally about privacy and safety for women and girls in opposition to policies enacted by states and localities permitting male trans-identified individuals to access sex-segregated spaces and sporting opportunities only available to women.
Across the United States, parents have descended on school board meetings expressing outrage about the presence of sexually explicit material in school libraries and curriculum. In 2021, parent Stacy Langton read aloud portions of books available at her son’s school district in Fairfax County, Virginia, which include graphic descriptions of sexual acts between men and boys.
Ryan Foley is a reporter for The Christian Post. He can be reached at: ryan.foley@christianpost.com
