WASHINGTON – NH’s Attorney General, Joe Foster, has joined the Attorneys General of eleven other states in a brief filed by the state of Washington voicing support for a Guidance from the Departments of Justice (DOJ) and Education (ED) which affirms protections for transgender students under Title IX of the Education Amendments Act of 1972. Other states that joined Washington State in its filling included: California, Connecticut, Delaware, Illinois, Maryland, Massachusetts, New Mexico, New York, Oregon, and Vermont.
In May, DOJ and ED issued the guidance, following numerous anti-transgender bills and laws passed in statehouses across the country – like North Carolina’s HB2 – discriminating against transgender people.
The Guidance, which is rooted in legal precedent, was issued as a reminder to public schools and universities that transgender students should have access to bathrooms that align with their gender identity. It is not legally binding, but can impact whether states with contradictory laws on the books stand to lose federal funding. A number of states challenged the Guidance, filing two different lawsuits over the past two months.
Today the ACLU joined five other national organizations in another brief filed before the Fifth Circuit which argues that many of the states and political jurisdictions joining the lawsuit against the Administration are doing so improperly in order to avoid transgender-affirming rulings handed down by their Federal Circuits.
In a brief obtained by BuzzFeed News, Washington State Attorney General Bob Ferguson states that the Administration’s directives are “strongly in the public interest,” and “Contrary to Plaintiffs’ 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.”
Currently in New Hampshire, transgender youth, adults and families lack explicit statewide protections ensuring they can’t be fired from their job, evicted from their home, or refused service at a restaurant or any other public place – including public schools and universities – simply because of their identity. “The Granite State takes pride in our independence and believes everyone should be free from discrimination. It is 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,” said Devon Chaffee, Executive Director of the ACLU of NH. “Equal protection under the law is an investment in public welfare and ensures fair treatment for all, regardless of identity or gender expression.”