New Hampshire
Tentative deal could allow transgender girls to keep playing on girls’ sports teams in N.H. – The Boston Globe
If that joint stipulation is not filed by the deadline, then a hearing will be scheduled on the plaintiffs’ motion for a temporary restraining order as shortly after noon on Monday as possible, according to the records. The parties were also directed to file a joint scheduling proposal by Wednesday regarding the plaintiffs’ motion for a preliminary injunction.
Lawyers for Tirrell and Turmelle — who are represented by attorneys from GLBTQ Legal Advocates & Defenders, the American Civil Liberties Union of New Hampshire, and Goodwin — asked the court to provide relief on an expedited emergency basis so Tirrell can attend practice on Monday with her teammates.
Chris Erchull, a senior staff attorney with GLAD, said barring Tirrell, a rising sophomore, from returning to practice at Plymouth Regional High School is “the perfect exemplar of why this law is so unfair and so cruel.”
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.
Kyla A. Welch, superintendent of the Pemi-Baker Regional School District, which includes Plymouth Regional High School, said her leadership team had no choice but to begin enforcing the new restrictions, even though the district has yet to enact a policy to govern application of the new law. Welch noted that the new law allows private parties to sue schools for failing to enforce its restrictions. The state hasn’t provided any guidance, she said Friday, on how to handle the new law.
Proponents of the legislation, which Republican Governor Chris Sununu 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,” New Hampshire Senate President Jeb Bradley, a Wolfeboro Republican, said 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’s typical for testosterone-driven male puberty, their lawsuit says.
Tirrell said she has entertained hopes of one day winning an athletic scholarship, but the notion that she has an unfair advantage or poses a physical risk to her teammates doesn’t match the reality: She stands 5 feet 6 inches tall and has less muscle mass than some of her female peers — not exactly the imposing presence that policy makers seem to have in mind.
“They imagine a trans girl as a big, buff, beefy, bodybuilder man,” she said. “I feel like that’s how they picture it.”
The lawsuit, which says it would be “painful and humiliating” for Tirrell to be forced to switch from the girls’ team to the boys’ team, alleges that enforcement of the state law violates both Title IX and the equal protection clause of the 14th Amendment.
The defendants are New Hampshire Education Commissioner Frank Edelblut, each of the seven members of the state Board of Education, the Pemi-Baker Regional School District and each member of its board, and the Pembroke School District and each member of its board.
A spokesperson for the New Hampshire Department of Justice, which represents the state defendants, said Saturday the DOJ would not comment beyond the court filings.
Attorneys representing the Pemi-Baker Regional School District defendants and the Pembroke School District defendants did not immediately respond Saturday.
Steven Porter can be reached at steven.porter@globe.com. Follow him @reporterporter.
New Hampshire
NH Republicans push to allow guns on college campuses
CONCORD — The recent fatal shooting at Brown University shows that banning guns on campus makes students more vulnerable to violence, state Rep. Sam Farrington, a University of New Hampshire senior, told reporters Dec. 17 in promoting legislation to end such bans.
Farrington, R-Rochester, and other House Republicans, also said in the Statehouse news conference that the shooting that killed 15 people at a Hanukkah celebration in Sydney, Australia on Sunday, illustrates that Australia’s restrictive gun laws don’t protect the public.
Rep. Joe Sweeney, R-Salem, the deputy House majority leader, said gun control restrictions leave people “unable to defend themselves, their families, their peers.”
Farrington said violence similar to what occurred at Brown University in Rhode Island, which left two dead and nine injured, could occur in New Hampshire, where universities also prohibit guns on campus.
“UNH, Plymouth State, Keene State, the list goes on, they all have one thing in common — these are public universities that are infringing on the Second Amendment rights of college students right here in New Hampshire,” said Farrington.
“They claim to be gun free zones. Well if we know anything about gun-free zones, looking at Australia and Brown, we know that they are not violence free zones. They are only defenseless zones where victims are left hopeless, without any hope of defending themselves.”
He is the prime sponsor of House Bill 1793, which the Legislature will consider next year. It would prohibit public colleges and universities from regulating the possession or carrying of firearms and non-lethal weapons on campus.
Under the bill, if a college or university that received federal funds instituted such a ban, they could be sued.
Democrat speaks against legislation
State Rep. Nicholas Germana, D-Keene, a history professor at Keene State College, said Thursday he wouldn’t feel any safer if people coming on campus were packing firearms.
Any police response to an active shooter on a college campus would be fraught if armed bystanders became involved and crossfire broke out, he said.
“All the sudden police come on that campus and it’s a shootout at the OK Corral,” Germana said. “How do police know who the good guy is and who the bad guy is?”
He said the tragedy in Australia last weekend is an anomaly that doesn’t alter the fact that gun violence rates in that country decreased after strict firearm regulations were passed almost 30 years ago and remain much lower than U.S. rates.
“We can look around the world to see examples of this where the number of guns in the population at large corresponds to gun violence,” Germana said. “It’s clear that when Republicans say in this country that gun control measures do not decrease gun violence, it is demonstrably false.”
The University System of New Hampshire said in the fiscal note of House Bill 1793 that the measure could cost it as much as $500,000 because insurance premiums and liability claims would increase, more security measures would be required, firearm storage systems would be needed, expected lawsuits would create attorney fees and the ability to attract students and faculty would decrease.
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New Hampshire
NH attorney general clears top Democratic official of ‘electioneering’ charge
The New Hampshire Attorney General’s office has concluded that Executive Councilor Karen Liot Hill did nothing wrong when she used her government email to assist a law firm that was suing the state over its voter ID law.
Assistant Attorney General Brendan O’Donnell wrote that Liot Hill’s use of her state email to assist a national Democratic law firm find plaintiffs didn’t amount to “electioneering” under state law.
The state Republican party alleged in August that Liot Hill — the only Democrat on the five-member Executive Council — misused her position by involving herself in a lawsuit against the state.
From the start, Liot Hill called that claim baseless, and the Attorney General’s office said Liot Hill’s conduct didn’t warrant sanction.
“This Office cannot conclude that the e-mails constituted a misuse of position or otherwise violated the executive branch ethics code. This matter is closed,” the office wrote.
In a statement Friday, Liot Hill, from Lebanon, welcomed the conclusion of the case.
“The AG’s findings underscore the partisan nature of the ongoing attacks against me: I am being impeached not for wrong-doing, but for being a Democrat,” she said.
The lawsuit challenging New Hampshire’s voter ID recently failed in state court. But this issue may not yet be over: A top House Republican has filed a bill to explore Liot Hill’s impeachment next year.
As the lone Democrat on the Executive Council, Liot Hill is her party’s ranking member in the State House. That profile has made Liot Hill, who spent two decades in local politics before winning election to the council last year, a regular target for Republicans, who argue that her approach to the job, which she says honors the state’s volunteer spirit, has crossed ethical lines.
The New Hampshire Republican Party did not immediately respond to a request for comment to the Attorney General report Friday afternoon.
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