
N.H. lawmakers send bills banning gender-affirming care, surgeries for minors to Governor Kelly Ayotte
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If the bills become law, New Hampshire would become the first state in New England to enact such bans, joining 25 other states across the country that have banned gender-affirming medication for young people, according to the
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New Hampshire was already one of two states to ban gender-affirming surgeries, along with Arizona. All other New England states have laws protecting access to this care, according to the project.
Proponents of the bans argue that children shouldn't access the treatments they view as harmful and irreversible, while opponents said the measure discriminates against transgender individuals and that medical decisions should be left to doctors and the families seeking care.
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The approval of the bills comes on the heels of a US Supreme Court decision last week that upheld a similar ban in Tennessee on gender-affirming care, emboldening
'It is now legal and constitutional for states to regulate and or ban the use of these harmful drugs in minors,' said Representative Lisa Mazur, a Goffstown Republican and the prime sponsor of both bills.
But some attorneys disagree with that interpretation and contend there are still legal avenues for challenging the bans if they become law in New Hampshire. Potential challenges could focus on whether the law complies with New Hampshire's constitution, if it was intended to harm transgender youth, and whether it violates parental rights, according to Chris Erchull, senior staff attorney at GLBTQ Legal Advocates and Defenders.
Democrats in both the House and the Senate echoed similar concerns on Thursday ahead of votes that fell largely along party lines.
'We have heard time and time again this session, even on the previous bill, the parents should have the final say about their children and their child's health, and here we are taking away life saving health care options for all parents,' said Representative Alice Wade, a Dover Democrat and transgender woman, who choked back tears during an emotional speech on the House floor Thursday.
Wade said she has taken hormone therapy medication since 2018, but this bill would stop doctors from prescribing it to transgender youth, while allowing them to prescribe it to cisgender youth.
HB 377 explicitly allows children with a '
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'That is not parental rights,' said Wade. 'It's just discrimination, plain and simple.'
Governor Kelly Ayotte has not said whether she will sign the bills.
Amanda Gokee can be reached at
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