New Hampshire governor vetoes separate bathrooms bill

New Hampshire Gov. Kelly Ayotte has vetoed a bill requiring schools, prisons and public facilities to separate bathrooms and locker rooms by biological sex.

House Bill 148, sponsored by Rep. Jim Kofalt, R-Wilton, passed in both Republican-controlled legislative chambers. However, the state’s Republican governor killed the proposal.

Ayotte agrees the issues of privacy and safety are legitimate but argued the bill went too far.

“While I believe that the legislature should address this serious issue, it must be done in a thoughtful and narrow way that protects the privacy, safety and rights of all New Hampshire citizens,” she said.

“I have concerns about the broadness of this bill, the unintended impacts accompanying its implementation, and that it will spur a plethora of litigation against local communities and businesses.”

This is the second time in two years a Republican governor has vetoed the proposal. Ayotte’s predecessor, Chris Sununu, said the bill tried to solve a problem that he argued didn’t exist.

Some lawmakers are frustrated with Ayotte’s decision.

“I was disappointed. I think she was misguided on that,” said Rep. Alvin See, R-Loudon. “There’s no reason not to keep men out of girls’ bathrooms.”

Sen. Regina Birdsell, R-Hampstead, also wasn’t happy with the veto decision.

“Women are humans as well,” she said. “They have rights, and they have a right to their own privacy. Women are being marginalized in this environment, and as far as I’m concerned, this has to stop.”

Democrats cheered the veto.

“We’re grateful that today New Hampshire chose to protect the rights and dignity of our transgender neighbors,” said House Minority Leader Alexis Simpson, D-Exeter.

Republicans lack the two-thirds majority necessary in both chambers to override the governor’s veto.

Despite her veto, Ayotte said she still supports the transgender athlete ban Sununu signed into law last year. Before the law took effect, a male transgender-identifying girls’ track athlete named Maelle Jacques won two state titles in the high jump event.

Currently, 19 states have laws requiring people to use the bathroom matching their anatomical sex rather than their so-called gender identity.

Bathroom laws have taken effect in Ohio, Montana and South Dakota so far just this year.

“We’re maintaining equal opportunity for all Americans, while also protecting women and girls and their right to safe and separate facilities and activities,” Montana Gov. Greg Gianforte said at a bill signing ceremony in March.

“Because we think it’s pretty simple: A man shouldn’t be in a women’s restroom, shouldn’t be in a women’s shower room and shouldn’t be housed in a women’s prison.”