New Hampshire House Bill 1442 aims to limit access to facilities based on sex and redefines “gender identity,” targeting transgender people without evidence of a problem. The bill distracts from pressing issues like housing and education while fostering discrimination based on discomfort. It should be rejected for being unnecessary and harmful.
HB 1442 is constitutionally vulnerable, likely inviting litigation that New Hampshire taxpayers would bear. The bill discriminates against transgender individuals, violating the Equal Protection Clause and Due Process Clause. Its purported safety justifications lack evidence, and it conflicts with federal law. Enacting this bill risks significant legal repercussions for the state.