NH State Legislature Strikes Down Anti-Transgender Bill

The New Hampshire House of Representatives entertained House Bill 1251 (HB1251), which would ban transgender girls from competing on girls’ sports teams in public high schools and colleges, beginning on January 8. HB1251 was struck down by the New Hampshire House of Representatives, and would not have directly affected Academy student athletes due to the Academy’s status as a private institution.

Director of Physical Education and Athletics Jason Baseden wrote in a school-wide email on March 3, “Phillips Exeter is fully committed to supporting athletes of all genders in our athletics program.” Baseden attached the Academy’s Gender Support Plan created in 2018. The Gender Support Plan outlines transgender and gender non-conforming students’ rights on campus:

“You have the right to be called by the pronouns and name of your choice… You have the right to feel safe and comfortable on campus, including in your housing. You have the right to medical services that respect your gender identity and expression. You have the right to use the restroom/ locker room you feel accords with your gender identity, or which is the most comfortable/appropriate option. You have a right to confidentiality, within the bounds of reporting laws, including confidential sessions with a therapist.”

The plan also gives students the option to work with Baseden and LGBTQ+ Coordinator Joanne Lembo to make sure “facilities, uniforms, and team culture are appropriate.”   

“Phillips Exeter Academy recognizes that all students can benefit from having the Academy become less binary and more gender inclusive. The various constituencies of the Academy – faculty, staff, students, trustees, alumni, and parents – can also benefit from education and conversation around the topics of gender stereotypes and gender expression as the Academy moves towards greater equity and openness on campus,” Baseden wrote. 

Baseden discussed the impact of HB1251 on the Academy’s athletics. “As far as the bill and its result, it does not change our support of our transgender students. We will wholeheartedly support all our students in their participation in our programming,” Baseden said. “If public schools were not allowed to compete against us, that would not change our support for our transgender students and their participation in our athletic programming.”

Although HB1251 does not directly affect the Academy and support offered to transgender students, many acknowledged the negative implications that the bill would bring against the LGBTQ+ community. 

“I see this bill as part and parcel of a wider attack on LGBTQ+ rights. Trans people and especially trans women are quite vulnerable – easy targets,” Queer Umbrella Group and Transgender Affinity adviser Alex Myers said. “This bill fits in line with the ‘bathroom bills’ of a few years ago. Basically, the subtext is that trans women are not really women. These bills – sports and bathrooms – are wrapped up in language about ‘protecting girls and women’ but really the bills are not only anti-trans but also misogynistic.” Myers was the first openly transgender student at the Academy and Harvard University.

“I think the anti-trans bills in New Hampshire and in state legislatures across the country are a new type of fearmongering that have nothing to do with any actual threat, similar to the years of ridiculous slippery slope arguments around marriage equality and other forms of discrimination,” Queer Kids of Color adviser and Music Instructor Jerome Walker said. 

Many students shared similar thoughts on the bill. “It's already another form of othering that transgender students already go through if they don't pass as completely as the gender that they've transitioned to,” senior Annie Smaldone said.

“To single out only one, seems like a direct attack,” lower Philip Avilova said. “Trans people are already targeted, we are already discriminated against, and I don’t understand why they are adding on to that.”

Students also voiced their opinions on the Academy’s Gender Support Plan. “I feel like all the things listed [on the Gender Support Plan] are incredibly bare minimum things, you know? These should already be a thing,” Smaldone said. 

“I feel like there's always a plan or there's always certain things that are proposed by the school and it's great and all, but you could always do more,” Smaldone continued. “A lot of times queer faculty are the ones students think to go to because those are the people they identify with. The job shouldn’t fall on just queer faculty to help students. It’s great that there are allies and teachers who are like ‘We're going to be here for you,’ but those are not the same lived experiences.”

Smaldone continued, “Me talking to the counselor about my identity is not the same as me talking to another student or a teacher who has similar experiences. And even though they can be like ‘I can empathize or I can sympathize,’ it's only to an extent.” 

Avilova expressed desire for the Academy to further support LGBTQIA+ students. “One of the things I wish they did more of is reaching out. Personally, I felt anxious to come out to people, so that would be helpful,” he said.

“This is not a new topic of discussion— we have had many conversations over the years and will continue to do so,” Lembo, who is also a GSA adviser, said. “I hope that this bill motives our students to actively support the Academy’s inclusive plan.”

Upper Charles Falivena expressed their exhaustion of constantly seeing similar events and headlines. “I think all of us are just really tired of this happening. There really isn't too much that can be done, but I suppose there could be...[a deeper] grasp on gender and trans issues, and a much deeper level of commitment on the part of those not necessarily in the community.”