I have read Dave Testerman’s explanation for voting to kill HB 396. It makes no sense.
I understand the purpose of HB 396 to be to make it clear that New Hampshire law does NOT require schools to allow biological boys into girls’ bathrooms, lorckerrooms, or to participate in girls’ sports. From Cornerstone:
HB 396 was urgently necessary because school districts—and New Hampshire’s Department of Justice—currently falsely claim that New Hampshire law prohibits all separation on the basis of biological sex. These claims have deceived many schools and other public entities into bowing to gender ideology. Most now use self-declared gender identity alone to separate athletics and private areas, without regard to whether someone has even received medical transitioning.
By way of background and context … in 2018, Sun-King Sununu and the Republican legislature added gender identity to New Hampshire’s anti-discrimination laws with respect to employment, places of public accommodation and housing. The definition of “public accommodation” does NOT encompass public schools:”
Place of public accommodation” includes any inn, tavern or hotel, whether conducted for entertainment, the housing or lodging of transient guests, or for the benefit, use or accommodations of those seeking health, recreation or rest, any restaurant, eating house, public conveyance on land or water, bathhouse, barbershop, theater, golf course, sports arena, health care provider, and music or other public hall, store or other establishment which caters or offers its services or facilities or goods to the general public. “Public accommodation” shall not include any institution or club which is in its nature distinctly private.
However, in 2019 his Majesty allowed a bill to become law that allows the choice of “other” on driver licenses and State ID cards. Apparently, the concern is that these laws would be extrapolated to require public schools to allow biological boys into girls’ bathrooms, lorckerrooms, and onto girls’ sports teams. From the bill:
2 New Section; Administration of Motor Vehicle Laws; State Recognition of Biological Sex. Amend RSA 260 by inserting after section 21-b the following new section:
260:21-c State Recognition of Biological Sex. Nothing in RSA 260, RSA 263, or any related provision of law, is intended to prohibit any public entity from differentiating between the male and female sexes in athletic competitions, criminal incarceration, or places of intimate privacy, or otherwise to deny or undermine the state’s rational interest in recognizing the male and female sexes. In this paragraph, “the male and female sexes” refers to biologically male and female human beings.
Testerman says he killed HB 396 because:
This bill will do nothing to prevent the crowning of a male in a beauty pageant for females.
Wait … WHAT?!?! Because biological males would still get to compete in beauty pageants, girls in public schools should have NO PROTECTION ALL?!?! A 13-year old girl should have to share a bathroom and locker room with an 18-year old male?
Testerman’s rationale is NONSENSICAL.
