NH Bill Fines Trans People $5K for Using ‘Wrong’ Bathroom
The New Hampshire House of Representatives has passed a bill that would impose fines of up to $5,000 on transgender individuals for using restrooms that align with their gender identity. The legislation, passed Wednesday night by a vote of 181-164, is being described as one of the most stringent transgender bathroom bans in the nation.
The bill stipulates that multi-user facilities, including bathrooms, restrooms, and locker rooms in municipal buildings, must be used based on an individual’s “biological sex.” This prohibition extends to parks, rest stops, airports, and civic buildings, potentially leaving transgender individuals with limited restroom options throughout the state.
What sets this bill apart is its enforcement mechanism. It declares that a transgender person “asserting” their gender identity in relation to bathroom access is a crime under the state civil rights act, effectively weaponizing protections intended to safeguard transgender individuals. Violations could result in fines of up to $5,000 per incident and potential jail time if a court injunction is violated by continued restroom use.
The legislation also allows private businesses to restrict bathroom access based on assigned sex at birth and shields them from discrimination claims related to such policies. This provision effectively encourages businesses to adopt restrictive practices.
The passage of this bill comes just weeks after New Hampshire Governor Kelly Ayotte vetoed a different bathroom ban, raising questions about the motivations behind this more aggressive proposal. Republicans may be attempting to move the goalposts or daring Governor Ayotte to veto the bill again.
A separate bill, HB 1217, also passed on Wednesday with a vote of 187-163. This bill permits governmental buildings and businesses to classify bathrooms and locker rooms by assigned sex at birth, but does not include an enforcement mechanism. It states that such bathroom and sports bans do not constitute discrimination against transgender people under New Hampshire law.
The New Hampshire legislation is part of a broader trend of bathroom bans targeting transgender people across the United States. Kansas recently passed a law allowing citizens to become “bounty hunters” by reporting transgender individuals using restrooms, with a potential reward of $1,000 per incident. Idaho and Missouri are also advancing similar bills, with Idaho’s ban potentially applying to private businesses.
Governor Ayotte, in her veto statement of a previous bathroom ban, expressed concerns about both privacy and safety, as well as the practicality of enforcement. She stated the previous bill was “overly broad and impractical to enforce, potentially creating an exclusionary environment for some of our citizens.”
The bills now move to the New Hampshire Senate, and ultimately require Governor Ayotte’s signature to become law. The outcome remains uncertain, but the passage of HB 1442 represents one of the most extreme attempts to restrict transgender rights currently being considered by any state legislature in the country.