New Hampshire
Judge to decide Monday whether transgender N.H. teen can play on her school’s soccer team – The Boston Globe
Christopher G. Bond, general counsel for the New Hampshire Department of Justice, said Sunday that the attorney general’s office is tasked with defending duly enacted state laws in court, so the office won’t agree to a temporary restraining order that would result in the suspension of provisions of the law at issue in this case.
The parties had until Monday morning to file a joint stipulation to formalize their potential agreement. But the court on Sunday scheduled a hearing for Monday at 2 p.m. to address a pending emergency motion, which signaled that no deal had been reached.
The plaintiffs’ emergency motion asks the judge to temporarily block New Hampshire education officials from enforcing the law and to allow Tirrell to keep attending practice and games with her team.
Chief Judge Landya B. McCafferty is presiding over this case in the US District Court for the District of New Hampshire. She was nominated by former president Barack Obama and is the first woman to serve as a federal district court judge in New Hampshire.
The enforcement action that triggered this lawsuit came Thursday, when the superintendent of Tirrell’s school district notified Tirrell’s parents that the teen would no longer be welcome at soccer practice beginning Monday, since the new law barring her from the team would take effect over the weekend.
With backing from three law firms that advocate for the rights of LGBTQ+ people, Tirrell and Turmelle, along with their respective parents, filed a lawsuit Friday to challenge enforcement of the new law.
Their attorneys argue in court filings that Tirrell, a rising sophomore at Plymouth Regional High School, and Turmelle, a rising ninth-grader at Pembroke Academy, will be denied “a critical aspect of their education” unless the court provides immediate relief.
“They are young adolescents at a critical stage of their personal development,” the attorneys wrote. “They will never get their early high school years back and, as such, a preliminary injunction is necessary to avoid the denial of a critical and unique educational program that cannot be repeated or replaced, let alone adequately compensated by money damages.”
“In their short high school careers, a single day that they miss out on essential educational opportunities will cause them great harm,” they added.
Proponents of the legislation — which Governor Chris Sununu, a Republican, signed last month — said it would protect safety and fairness for girls’ sports.
“It may not be universal, but biological males have a strength and speed advantage over biological females,” said New Hampshire Senate President Jeb Bradley, a Wolfeboro Republican, during legislative debate in May.
The lawsuit contends, however, that being transgender “is not an accurate proxy for athletic performance or ability.” Tirrell and Turmell are taking puberty-blocking medication and hormone therapy, so they won’t experience the muscular development and other physical changes that is typical for testosterone-driven male puberty, their lawsuit says.
Their attorneys argue they don’t have any physiological or biological advantage in girls’ sports and are being excluded based on their status as members of “a politically unpopular class.”
Under the new restrictions, public schools that serve students in fifth through 12th grades, and private schools whose students compete against public schools, must designate each of their interscholastic sports and club athletics teams as being for either males, females, or both.
A student’s sex is determined based on their unamended birth certificate. If a birth certificate “does not appear to be” original or does not specify sex at birth, then the student “must provide other evidence indicating the student’s sex at the time of birth” and cover any costs associated with doing so.
Private parties can sue schools for failing to enforce the new law’s restrictions.
The issue of how to treat transgender athletes has been a contentious topic in recent years. In late July, the Associated Press reported, a Florida school employee who allowed her transgender daughter to play on the high school’s girls volleyball team was suspended for 10 days. The employee is part of a federal lawsuit to block Florida’s law. A legal challenge to Connecticut’s policy about trans students competing in school sports has been making its way through the court system for several years.
Steven Porter can be reached at steven.porter@globe.com. Follow him @reporterporter.
The federal government has activated the New Hampshire National Guard’s 157th Air Refueling Wing in connection with the war with Iran.
“I’ve had a briefing myself, a classified briefing, but it’s really important on the messaging on this that we really coordinate with the Pentagon,” Gov. Kelly Ayotte told reporters during a press briefing following Wednesday’s Executive Council meeting.
Ayotte said she was unable to share additional details about the nature of the New Hampshire National Guard’s activity related to the conflict, including how many guard members have been activated or what role they are playing.
“We’re going to respect what messaging comes out of the Pentagon just to make sure that our men and women in uniform are fully protected and that we aren’t providing any information that could be used in a way that would be harmful to them,” Ayotte said.
In a statement Thursday, Ayotte said the unit had been deployed in late February to the U.S. Central Command area of responsibility in support of the operation.
Earlier this week, Pentagon officials confirmed that members of the Vermont National Guard were involved in attacks against Iran over the weekend, though our news partners at Vermont Public were not able to confirm additional details on the nature of the operation.
During the briefing with local reporters, Ayotte also stressed her support for servicemembers and those close to them.
“I have such respect for our men and women in uniform,” Ayotte said. “As you know, I come from a military family, and they have our full support, and we appreciate them and their families, and obviously anyone who is serving right now, and my thoughts and prayers go out to those who have lost someone that they love.”
By PAULA TRACY, InDepthNH.org
CONCORD – While Republican Gov. Kelly Ayotte has said she opposes increasing highway toll rates across the state, the Senate voted Thursday to increase rates for out-of-state license plate holders.
It now goes to the House for consideration.
This would be a $1 increase for those who have out of state plates going through the tolls at Hooksett, Hampton and Bedford for out-of-state plates, a 75 cent hike for those taking Hampton’s Exit 2 and on the Spaulding turnpike at Rochester, and a 50 cent hike for those taking the exit off I-93 to Hooksett.
An analysis in the bill shows that this would increase toll revenue by $53.3 million in fiscal year 2027 and go up each year to generate $81.4 million a year in 2036.
Senate Bill 627 passed on a voice vote with two Republicans, Senators Regina Birdsell of Hampstead and William Gannon of Sandown opposing.
Senator Mark E. McConkey, R-Freedom, moved to take the bill off the table and offered an amendment.
He said the last time there was a systemwide increase to the turnpike toll was 19 years ago.
“I am sure we could all agree the cost of operations…has continued to escalate when revenue is not rising with it,” and he noted that with an enterprise fund, the state can only spend what it takes in.
The state has just completed a 10-year highway plan and there was a $400 million shortfall in projects that could not be paid for under the current income.
McConkey said the measure would not increase tolls for New Hampshire drivers with a state license plate.
“Why don’t we ask our neighbors,” to pay a toll increase. “We are getting the best of all worlds,” by passing the bill, he said, including “protecting our residents” and having resources for improvements to the turnpike system.
Sen. Gannon, R-Sandown, asked McConkey if there are any studies on impacts near the border on businesses.
If implemented, McConkey said the state will be the 27th lowest in per mile cost still. McConkey said the bill would also increase from seven to 14 days the amount of time for those with NH license plates to pay for a toll adding there are other states that also have different rates for out-of-state users.
The Hampton toll cost would go from $2 to $3, while Hooksett and Bedford would rise from $1 to $2 for out-of-state plates.
New Hampshire currently has the lowest rate per mile among states with tolls roads.
The governor said she does not support a toll increase.
“We are not going to put a burden on drivers for a toll increase,” Ayotte said. “Families are struggling.”
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