LGBTQ+ Rights

We have a long history defending the LGBT community. To end discrimination, we seek both to change the law and to convince Americans that sexual orientation and gender identity discrimination is wrong.

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The ACLU of New Hampshire works to create a Granite State free of discrimination based on sexual orientation and gender identity. This means a New Hampshire where LGBTQ+ people can live openly, where our identities, relationships and families are respected, and where there is fair treatment on the job, in schools, housing, public places, health care, and government programs.

Since taking its first LGBT rights case in 1936, the nationwide ACLU has been involved in many high-profile legal challenges to discriminatory laws and policies that impact the LGBTQ+ community. We have seen recent legislative successes in New Hampshire, including in 2018 when comprehensive anti-discrimination protections for transgender and gender non-conforming people were enacted, and in 2020 when the option for a third gender marker (X) became available for state driver's licenses.

The ACLU’s LGBTQ+ rights strategy is based on the belief that fighting for the society we want means not just persuading judges and government officials, but ultimately making society safer for and more inclusive of LGBTQ+ people. To end discrimination, the ACLU seeks both to change the law and to convince Americans that sexual orientation and gender identity discrimination is wrong.

The Latest

Press Release
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Advocates celebrate Governor Ayotte’s veto of anti-LGBTQ+ bill

The bill would have drastically rolled back critical nondiscrimination protections for transgender people
Issue Areas: LGBTQ+ Rights
Press Release
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ACLU-NH responds to Supreme Court ruling in U.S. v. Skrmetti

We will continue to fight to ensure all people — including transgender people — have the dignity and equality they deserve and the freedom to shape their own futures.
Issue Areas: LGBTQ+ Rights
Press Release
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ACLU-NH condemns passage of bill to permit discrimination of transgender Granite Staters; urges Governor Ayotte to veto

This discriminatory, detrimental, and regressive bill is an attempt to expel transgender Granite Staters from public life.
Issue Areas: LGBTQ+ Rights
Press Release
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Federal Court Grants Preliminary Injunction Against Department of Education’s Unlawful Directive

A federal judge blocked the U.S. Department of Education's unprecedented and unlawful attempt to restrict discussions and programs on diversity, equity, and inclusion in educational institutions.
Court Case
Aug 07, 2025

NEA-NH v. New Hampshire Department of Justice

On August 7, 2025, a diverse group of educators and advocacy groups filed a federal lawsuit challenging a new anti-equity, anti-inclusion, and anti-diversity law in New Hampshire, which became effective on July 1, 2025, after being signed into law by Governor Ayotte in late June. The law, contained within House Bill 2’s budget provisions, seeks to ban diversity, equity, and inclusion programs pertaining to race, gender, sexual orientation, gender identity, and disability in New Hampshire schools (including both K-12 public schools as well as both public and private colleges and universities) and public entities like police departments and libraries. This law radically contradicts federal civil rights laws that protect the rights of students with disabilities, violates the First Amendment rights of educators and students, and is vague and ambiguous under the United States and New Hampshire Constitutions. The lawsuit was brought by the state’s largest educator union, National Education Association – New Hampshire (NEA-NH), four school districts (Oyster River Cooperative School District, the Dover School District, the Somersworth School District, and the Grantham School District), trainer and consultant for diversity, equity, and inclusion James M. McKim, Jr., diversity, equity, and inclusion administrator and psychology professor Dottie Morris, and New Hampshire Outright, a nonprofit that provides training in public schools and entities on creating environments of inclusion and belonging for LGBTQ+ students. They are represented by lawyers from a broad coalition of organizations and law firms, including the ACLU of New Hampshire, the national ACLU’s Disability Rights Program and Racial Justice Program, National Education Association-New Hampshire (NEA-NH), GLBTQ Legal Advocates & Defenders (GLAD Law), and Drummond Woodsum & MacMahon. The law does not just seek to prohibit diversity, equity, and inclusion in public entities and public schools, but it also seeks to strip away millions of dollars in critical state (and possibly federal) public funding if K-12 public school districts guess wrong as to how the New Hampshire Department of Education interprets the vague law’s provisions. According to one estimate, state aid to school districts could amount to more than $1 billion annually. The law is already arbitrarily and selectively being enforced by the state Department of Education, which is aggressively applying it to private (including religious) colleges and universities that receive student scholarship funds through state grant aid programs (like UNIQUE Program state grants and the Governor’s Scholarship), but apparently not private K-12 schools (including religious schools) that receive public funds through Education Freedom Accounts. The law also applies to private colleges and universities (for example, Dartmouth College, Southern New Hampshire University, and Saint Anselm College) that receive any form of state funding, including those that receive state scholarship grants that help New Hampshire residents attend these colleges. The lawsuit also raises concerns about how this law could impact school districts’ federally-mandated collection of demographic data, including racial and ethnic groups, in New Hampshire. As the law was still making its way through the legislative process, disability rights advocates expressed clear concerns that essential services, programs, and trainings aimed at helping the lives of people with disabilities could be dismantled by the law. The legislature failed to address these concerns in the final bill language that was ultimately signed into law. This lawsuit follows several others filed in New Hampshire challenging anti-equity practices in education, including a 2021 lawsuit against a classroom censorship law that was struck down in federal court in May 2024, and one lawsuit filed on March 5, 2025 in New Hampshire by the ACLU of New Hampshire, national ACLU, NEA, and NEA-NH against the U.S. Department of Education. These practices were halted by the court in April 2024.
Court Case
Mar 05, 2025

NEA and NEA-NH v. U.S. Department of Education

Court Case
Aug 19, 2024

Tirrell and Turmelle v. Edelblut

Court Case
Mar 07, 2023

Jane Doe v. Manchester School District