New Hampshire is one of 12 states that has signed onto a brief supporting the Obama administration’s guidelines on transgender student bathroom use.
The federal guidance, released in May, requires public schools to let transgender students use bathrooms that match their chosen gender identity. But the rules now face court challenges after several states labeled the policy a federal overreach and a misinterpretation of anti-discrimination laws.
State Attorney General Joe Foster signed onto an amicus brief filed in federal court Wednesday that backs the transgender guidance and calls it “strongly in the public interest,” according to a copy posted on Buzzfeed.
“Protecting transgender individuals from discrimination benefits all members of the public,” the brief said. “Contrary to plaintiff’s claims, our shared experience demonstrates that protecting the civil rights of our transgender friends, relatives, classmates and colleagues creates no public safety threat and imposes no meaningful financial burden.”
Led by Washington state, the brief also includes signatures from attorneys general in California, Connecticut, Delaware, Illinois, Maryland, Massachusetts, New Mexico, New York, Oregon and Vermont.
Democratic Gov. Maggie Hassan applauded Foster’s decision to sign on. “It is vital that our schools be inclusive, safe spaces for all of our students, and Governor Hassan believes the President’s recent directive is a step toward ensuring that no student is discriminated against due to their gender identity and that schools remain a welcoming place for everyone,” spokesman William Hinkle said in a statement.
Few school districts in New Hampshire have specific transgender student policies in place, but more are beginning to consider such measures.
The debate over transgender rights has grown fierce in recent months, especially after North Carolina put a law in place that requires transgender people use public bathrooms that correspond with the gender on their birth certificate.
In New Hampshire, Hassan recently signed an executive order that forbids discrimination against transgender people in state government. New Hampshire law already bars employers from discriminating against anyone on the basis of sexual orientation or gender, but it does not include gender identity or gender expression.
Hassan’s order extends that protection to state government employment, administration of state programs, and all executive branch contracts and grants.
The attorney general’s office did not respond to a request for comment.
The state chapter of the American Civil Liberties Union called Foster’s move a “step in the right direction as New Hampshire joins the ranks of states voicing their support for equal protection under the law for transgender students.”
(Allie Morris can be reached at 369-3307 or amorris@cmonitor.com.)