States Pass Rules About School Bathroom Use


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Efforts to restrict transgender individuals’ access to public restrooms have gained traction in several states across the nation. In Tennessee and New Hampshire, legislation aimed at barring transgender people from using bathrooms that align with their gender identity has advanced through the legislative process.

The New Hampshire bill, HB 148, recently passed in the state’s House of Representatives. If signed into law, it would permit schools to prohibit transgender individuals from using bathrooms, locker rooms, and participating in sports teams corresponding to their gender identity. Additionally, the bill would authorize the owners of these spaces to deny access to transgender people without facing discrimination charges. Furthermore, it would allow the state’s jails and juvenile facilities to house individuals based on their birth gender rather than their self-identified gender.

The bill has now been forwarded to the state Senate for further consideration. It is worth noting that a similar bill was vetoed in 2024 by then-Governor Chris Sununu (R-NH), and if passed, the current legislation would roll back some of the non-discrimination protections Sununu advocated for in 2018.

Republican Speaker Pro Tempore Jim Kofalt, a co-sponsor of the bill, hailed its passage as “a critical step toward safeguarding privacy, fairness, safety, and respect for all Granite Staters.” Kofalt emphasized that the bill aims to “protect vulnerable populations, ensuring that women in prisons, shelters, and detention centers aren’t forced to share intimate spaces with biological men.”

In Tennessee, a similar transgender bathroom bill, House Bill 64, has progressed further. It has already passed both the state House and Senate and is currently awaiting Governor Bill Lee’s (R-TN) signature to become law. This bill would mandate that all schools, both public and private, prohibit transgender individuals from using bathrooms that do not correspond to their birth gender. Instead, individuals would be required to choose bathrooms based on their “immutable biological sex,” as reported by NBC News.

“We want to protect girls, protect young ladies and their privacy and security in spaces like restrooms and shower facilities,” said bill sponsor state Rep. Gino Bulso (R).

Laws restricting transgender individuals’ access to restrooms first garnered national attention in 2016 when North Carolina enacted a controversial law that sparked backlash and prompted sports organizations to withhold tournaments and events from the state. While initially met with resistance, nearly a decade later, opposition to such laws has waned. Currently, similar bills have been passed in Florida, Ohio, and Wyoming, with other states actively debating comparable legislation.