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.
Walpole Police and New Hampshire State Police are investigating a shooting incident at Jiffy Mart in Walpole, N.H. on Route 12. Police report no danger to the community. One person was transported for injuries to Cheshire Medical Center in Keene, N.H.
No other information is available at this time.
CONCORD, NH — The Powerball jackpot for Wednesday night is expected to be the sixth largest in history, according to the New Hampshire Lottery.
The jackpot is expected to be $1.25 billion. The one-time cash payout should be around $572 million before taxes. No one has won the jackpot since Sept. 6, when winners who purchased tickets in Missouri and Texas split a $1.78 billion jackpot.
The odds of winning the jackpot are 292.2 million to 1. The odds of winning the $1 million prize — matching five numbers without the Powerball are 1 in 11.7 million.
Charlie McIntyre, the executive director of the New Hampshire Lottery, said last week, $2.4 million worth of tickets were sold in the state.
“We’ve gone a number of drawings without a winner, giving this Powerball jackpot plenty of time to rise to the sixth largest of all time,” said “There’s still time to make your holiday season brighter with a chance at this $1.25 billion prize — all you need is $2 to play.”
Revenue from the sales, he said, helps the commission “continue our daily mission to deliver the maximum amount of revenue to public schools in New Hampshire.”
Since 1964, more than $3 billion has been contributed to schools in the Granite State.
Deer have evolved to survive the stark winter months, with adaptations like a warm winter coat and stores of body fat they can use for extra energy. The animals also reduce their activity and food intake to conserve energy and migrate to a forested shelter called a deer yard, which can provide some protection from the elements.
“Although people may feel badly for deer and want to help, the Fish and Game Department would like to remind the public to never feed deer as it may actually harm them,” said Becky Fuda, the deer project leader at New Hampshire Fish and Game.
In 2015, 12 deer were found dead around a feeding site in South Hampton, after they were given food they could not digest, according to Fish and Game.
Microorganisms in the deer’s stomach help them to digest food. The natural diet of deer gradually changes with the seasons, and the microorganisms also change over the course of a few weeks to help them digest different foods.
But a sudden shift from a high-fiber woody diet to a high-carbohydrate diet offered by humans can disrupt the deer’s stomach chemistry, making deer less able to digest food, and releasing toxins.
And Fuda said feeding can have other negative consequences for deer, like increased risk of getting hit by a car and increased risk of disease transmission.
“Fish and Game strongly discourages the practice,” she said.
There are about 100,000 white-tailed deer in New Hampshire, according to an estimate from Fish and Game.
This story appeared in Globe NH | Morning Report, a free newsletter focused on New Hampshire, including great coverage from the Boston Globe and links to interesting articles elsewhere. To receive it via email Monday through Friday, sign up here.
Amanda Gokee can be reached at amanda.gokee@globe.com. Follow her @amanda_gokee.
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