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.
Advertisement
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.
Advertisement
Iris Turmelle, 14, at her home in Pembroke, N.H.Erin Clark/Globe Staff
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.”
Advertisement
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.
Get N.H. Morning Report
Advertisement
A weekday newsletter delivering the N.H. news you need to know right to your inbox.
Steven Porter can be reached at steven.porter@globe.com. Follow him @reporterporter.
The election for the NH Electric Cooperative (NHEC) Board of Directors is happening now. I urge readers to watch for the ballots coming in the mail or go on to their NHEC SmartHub account and vote there.
The NHEC Board is made up of only 11 members. There are two incumbents up for re-election and four new candidates to choose from. You can vote for three new board members this year and bring about significant change at NHEC.
The board decides where our electricity comes from, what member-side programs NHEC offers and how proactive the New Hampshire Electric Co-op is for supporting local renewable energy. As co-founder of the Plymouth Area Renewable Energy Initiative, a co-op member and someone who pays close attention to how NHEC is governed, I believe the NHEC Board would benefit from new voices, experiences and leadership styles. The NHEC as a utility has the potential to be an even stronger leader when it comes to doing what is right for the environment and keeping rates affordable.
If you get your electricity from the co-op, then you have a say in how it is run. I urge you to vote for three genuine, thoughtful and technology forward-thinking leaders: Brad Harkavy of Campton, Laurel Boivin of Lee and Tom Randell of Moultonborough. They will make an excellent addition to the Board.
Advertisement
Be sure to mail your ballot back so it arrives by June 10 or jump on your SmartHub account and vote right now.
This is a story not about scenic views, wildflowers, animals, people met, towns encountered, but some reality, at least mine, of things we often do not talk about in the hiking community. In retrospect, the first 1,800+ miles headed north on my thru hike of the Appalachian Trail (AT) were certainly taxing and replete with various challenges that I had to work through, learn from, and make adjustments. However, realistically not much on the AT at that point, and per my years of previous hiking experiences, prepared me mentally for what I would encounter in New Hampshire.
Welcome to idyllic New Hampshire.
More idyllic New Hampshire. Not so fast, Mr. Hiker guy, can’t do the same moves as before.
New Hampshire Hiking
Frankly, New Hampshire is a beast and I do mean that in a positive and respectful manner. The hiking in New Hampshire is so technically difficult from other areas within the U.S. and abroad that I have hiked. It seemed like I was constantly bouldering, scrambling, using handholds, fording high, swift creeks/rivers, navigating massive descents with no “guardrails,” or in May encountering hour-by-hour changing weather (e.g., snow, hail, sleet, rain, wind).
Advertisement
A granite face. Down we go.
Crazy Descent
When I hike, I do carry with me a healthy dose of fear, which I find to be positive. For me, fear operates as a navigating tool related to risks, focusing my mind, calming my emotional state, or strengthening my thought processes/decision-making.
On a few AT sections early on in New Hampshire, such as the northbound massive descent (Beaver Brook Cascades) down from Mount Moosilauke in a snow and sleet storm, my revolve and fear-cooping mechanisms seemed to become a negative version of “scared” with every step given the large amounts of this winter’s snow and ice, slippery rock faces, micro spikes and/or trial runners not adhering well to granite, and so on. In my mind, and probably quite true given the weather and trail conditions, danger of a fall, injury, or worse appeared to be at every turn and step. A 3+ mile very steep descent turned into a 3 to 4 hour mental stress test that I am pretty sure I “failed.”
Snow and ice up and down the mountain.
I was warned.
Advertisement
Rising Waters
The next day, I hiked about 17 miles from Kinsman Notch to Franconia Notch, and it had rained a lot in that section of the AT during the previous two days. During my ascent of Mount Kinsman, it continued to rain and rain. I must of forded 6 to 8 rivers, or maybe just the same river that amount of times, but as the day wore on, the water levels in these river(s) kept rising. I am almost 6’3” tall and by the end of the hiking day, I was fording river water mid- to upper-thigh and in super swift conditions. Again, like the previous Mousilauke experience, my positive fear started to become something more negative and mentally paralyzing thinking about the inherent risk involved in fording a deep, swift river late in the day and with no other option to get to the other side of a flooded out AT.
Various extremely sketchy river fords.
A Reset
After these experiences, and frankly losing my confidence, I took a few days off to level set, so I stayed at the wonderful Notch Hostel. To date, the Notch is my favorite hostel on the trail. The staff were so welcoming, warm, and always available. The hostel was super clean and friendly and had very fair expectations related to how hikers et al. should live there as well as treat the hostel environment. After at reset, I went back out and did a 27-mile hike in a few days of the famed Franconia Ridge over Mounts Lafayette and Lincoln, South Twin Mountain, and others. This was a very challenging hike, but one that I needed to do to gain my nerve back and reestablish mentally my healthy level of fear instead of hiking scared per possible ‘what if’ scenarios of serious injury and beyond.
Moving into Part II
So, in the end, it was fine to lose my nerve for a time and be scared in certain hiking situations. The key for me was in recognizing the latter state, trying to mentally review the circumstances, and learn from these experiences. Then, I needed to physically go back out in challenging conditions and hike. I feel really good about New Hampshire and what is to come on the AT. My part II, if you will, will be informed from my part I. I can’t wait for more of New Hampshire.
A new day rising.
Advertisement
Affiliate Disclosure
This website contains affiliate links, which means The Trek may receive a percentage of any product or service you purchase using the links in the articles or advertisements. The buyer pays the same price as they would otherwise, and your purchase helps to support The Trek’s ongoing goal to serve you quality backpacking advice and information. Thanks for your support!
To learn more, please visit the About This Site page.
With over 100 sculptures woven into the mountainside, the Andres Institute of Art is New England’s largest outdoor sculpture park.
Along wooded trails and scenic overlooks, visitors encounter a rotating collection of works that blend art and nature, turning a simple hike into an immersive gallery experience
