New Hampshire has taken a significant step by prohibiting gender transition surgeries and hormone treatments for individuals under 18, a first in New England. Governor Kelly Ayotte (R) signed House Bill 377 and House Bill 712 into law on a recent Friday, setting a legal precedent in the region. These laws, hailed as a bipartisan effort, will take effect starting January 1, 2026.
Under House Bill 377, medical providers are forbidden from prescribing puberty blockers or cross-sex hormones to minors for gender transition, with an exception for those already receiving such treatments. Furthermore, it allows affected minors to seek legal recourse and mandates the state's medical board to discipline noncompliant practitioners.
House Bill 712 specifically addresses surgeries, prohibiting chest modifications such as double mastectomies and breast augmentations in boys and girls respectively, unless there's a medical necessity. Exemptions exist for conditions like cancer and congenital deformities. Any physician defying this law risks legal consequences and accusations of unprofessional conduct.
Republican State Senator Kevin Avard supported the legislation, citing biological evidence and testimonies from individuals who regret their transition procedures, claiming long-term damage. Proponents emphasize child protection and common sense, aiming to shield minors from what they see as irreversible and ideologically motivated practices.
The backdrop for New Hampshire's decision includes a pivotal U.S. Supreme Court ruling, United States v. Skrmetti, which affirmed Tennessee's similar ban. The Court did not find any Equal Protection Clause violation, thereby encouraging states to enact protective measures for minors without fear of federal court intervention.
While the laws have garnered widespread conservative approval, they've incited a strong backlash from LGBT advocacy groups. The ACLU of New Hampshire and GLBTQ Legal Advocates and Defenders have condemned the bills as merciless and an overreach, respectively, asserting that they encroach on familial decisions and medical expertise. They caution that despite state law, lawsuits could potentially challenge the legislation under New Hampshire's constitution or on the basis of parental rights.
Governor Ayotte stands resolute against the threat of legal challenges, positioning New Hampshire alongside other Republican-led states seeking to limit gender transition procedures for minors. This legislative action reflects a growing trend, as states grapple with how to approach the complex and sensitive issue of transgender youth and medical interventions.
On social media, the debate continues with public figures like TaraBull asking for opinions on the ban, indicating the contentious nature of the topic.
