Republican Governor Vetoes Anti-Trans Bathroom And Sports Bill In New Hampshire

In a political climate where anti trans legislation has become a near reflex in many Republican led states, New Hampshire’s governor broke with her party last week.

Gov. Kelly Ayotte vetoed Senate Bill 268, a measure that would have carved out sweeping exceptions to the state’s 2018 nondiscrimination law. The decision is likely to stand, as Republican lawmakers appear short of the votes needed to override her.

The bill sought to weaken protections for “gender identity” by permitting exclusions from restrooms, prisons, detention centers, and non-voluntary treatment facilities based on sex assigned at birth. It also aimed to prohibit trans women from participating in “athletic or sporting events or competitions” where lawmakers claimed “biological males” have physical advantages.

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Notably, the proposal did not spell out how it would be enforced, nor did it establish new penalties. Enforcement would likely have depended on complaints from individuals who objected to sharing facilities with a trans person.

Ayotte made clear that this was not new ground. “I vetoed a nearly identical bill to this one last year,” she said. “I made it clear this issue needed to be addressed in a thoughtful, narrow way that protects the privacy, safety, and rights of all Granite Staters. Unfortunately, there is minimal difference between Senate Bill 268 and the bill I vetoed last year, which Governor Sununu vetoed the year prior.”

Last year, when rejecting a similar bill, she wrote, “I believe 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. At the same time, I see that [this bill] is overly broad and impractical to enforce, potentially creating an exclusionary environment for some of our citizens.”

Under New Hampshire law, overriding a veto requires a two-thirds majority in both chambers. While Republicans control 16 of 24 Senate seats, they hold 222 of 400 seats in the House, short of the threshold required.

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LGBTQ+ advocates welcomed the decision. “This is a huge relief for every transgender or gender nonconforming person in New Hampshire,” said Aimee Terravechia, executive director of 603 Equality. “In a time of unrelenting legislative attacks and misinformation campaigns around transgender people and their rights, Gov. Ayotte’s veto affirms the basic rights and dignity for all Granite Staters. Transgender and gender nonconforming people deserve safe access to public spaces as they go about living, working, and contributing to our communities. Bathroom bans simply have no place in New Hampshire.”

Heidi Carrington Heath, executive director of NH Outright, added, “This veto is a win for the Granite State, and sends a much-needed message to LGBTQ+ youth and families that they are welcomed and valued members of our communities. Today, Governor Ayotte stood in a long tradition of New Hampshire values protecting freedom and individual liberty. Like all youth, our LGBTQ+ young people deserve access to all of the spaces and places they need to thrive, and this veto helps ensure they can continue to do just that.”

Chris Erchull, senior staff attorney at GLAD Law, said, “We’re pleased with Governor Ayotte’s veto of S.B. 268, which keeps the bipartisan nondiscrimination law passed in 2018 intact and ensures all Granite Staters – including our transgender friends, neighbors, and co-workers – continue to have fair and safe access to our public spaces. Though S.B. 268 will not be the last politically motivated attack on LGBTQ+ people we have to confront in this legislative session, this is a moment worth celebrating – and an opportunity for more Granite Staters to come together in support of fairness, dignity, and freedom for all.”