John Orcutt of Concord is a Business and Tax Law Professor at the University of New Hampshire School of Law. His opinions are his own and do not reflect the views of the University of New Hampshire School of Law or the University of New Hampshire.

Attacks on transgender students are emerging at appalling rates across the country, and New Hampshire is no exception.

There have been nearly 500 anti-LGBTQ+ bills introduced across state legislatures this year alone. How New Hampshire responds to Senate Bill (SB) 272 will determine whether we are a state that supports all its residents or one that has given in to attacks from national groups that want to use transgender youth as political pawns.

Now is our opportunity to stand up for our transgender youth and reject the wholesale assaults on their existence.

The New Hampshire Senate has put forth a so-called “Parental Bill of Rights,” SB 272, that includes provisions that would subject transgender students to heightened surveillance and the risk of being outed. The New Hampshire House is scheduled to vote on the bill soon.

Don’t let the “parental rights” label fool you. This bill is not about parental rights. It is about limiting transgender students’ rights by forcing them to choose between exploring their gender expression and identity or risk being outed to their families without their consent. Whether intended or not, SB 272 will also reduce our public schools’ ability to serve as safe spaces for their trans students.

SB 272 would mandate public schools and their personnel to inform parents, if requested, of any gender-identity changes. If a child identifies by a name or gender or receives any gender accommodations, that do not match how the child was identified when enrolled, teachers and other school personnel would have to inform requesting parents unless there is “clear and convincing evidence” that such disclosure would violate a compelling state interest, such as endangering the child to unlawful abuse or neglect. SB 272 gives parents claiming a violation the right to sue the school as well as its teachers and personnel who are claimed to have violated the statute.

Our public schools have been learning about their trans students and that being transgender is one of many normal human experiences. With the ultimate goal of providing a safe and effective learning environment for all students, our schools need the flexibility to navigate this inherently nuanced task for their trans students. SB 272 provides the exact wrong approach.

It offers a government-mandated, one-size-fits-all solution that we know will not work for students who are not ready to be “out” to their parents, or who feel it is unsafe. It does not take a crystal ball to predict SB 272’s results. Schools and teachers, fearing expensive litigation, will refrain from supporting their trans students who most need a safe space and a trusted adult. The most vulnerable trans students will, thus, be rendered even more isolated and more vulnerable.

The attack on transgender youth in New Hampshire is not limited to proposed legislative actions. There is also a pending lawsuit to overturn a trans-inclusive policy in the Manchester school district. That policy helps create a positive and safe environment for all students by generally instructing school staff not to disclose a student’s transgender status without their permission. Last year, a lower court judge dismissed the lawsuit, saying Manchester’s policy did not violate any recognized federal or state constitutional rights, and the case is now being considered by the New Hampshire Supreme Court.

These constant attacks, both legislative and via the courts, impose an incredible cost on our trans youth and are nothing short of cruel. They systematically make it harder for one of society’s most at-risk populations to navigate some of their most challenging years. Imagine trying to find your place in an increasingly complicated world as a teen and being told constantly that your existence is not valid.

New Hampshire has long been a place where the LGBTQ+ community has thrived. Ours was the first state to legislatively embrace same-sex civil unions without any prompting from the courts and was one of the earliest states to legalize same-sex marriage. Such a welcoming environment should come as no surprise to long-time Granite Staters as it simply reflects the state’s “Live Free or Die” motto. New Hampshire is a place that supports individuals’ right to choose their own paths free from discrimination or harassment.

This inclusive tradition remains part of our state’s fundamental DNA. In 2019, Governor Sununu signed SB 263 into law, which provides important anti-discrimination protections for students in public schools, including those who are transgender. It is beyond disappointing that only a few years later, our legislature would consider inviting legislation to discriminatorily single out trans students and roll back their protections.

All students deserve to feel safe in school and to view their teachers as trusted adults. The New Hampshire House should swiftly vote down SB 272 and make clear that anti-LGBTQ+ legislation is not welcome in the Granite State.

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