A comprehensive legislative analysis for NH: HB 619-FN

Since the presidency of Donald Trump, bigots have been coming out of the woodwork in attempts to spew their fear-based rhetoric in deeming minorities less than their white, cisgendered, abled-bodied, counterparts. “Anti-trans legislation across the U.S. has increased in record quantities, from 79 bills in 2020 to 147 bills in 2021, with 2022 showing signs of reaching a new historical high.” (Kinney et al., 2022) In New Hampshire, Republicans are attacking trans rights and infringing on civil liberties by attempting to obscure fundamental healthcare access to people identifying as trans with the proposed house bill HB 619-FN as introduced within the house and to be sent to the NH Health, Human Services, and Elderly Affairs Committee for review.

In New Hampshire, Republicans are attacking trans rights and infringing on civil liberties by attempting to obscure fundamental healthcare access to people identifying as trans with the proposed house bill HB 619-FN as introduced within the house and to be sent to the NH Health, Human Services, and Elderly Affairs Committee for review. 

Unfortunately, most do not understand gender-diverse individuals and how public policy impacts their health and well-being and has adverse ripple effects on bordering subcultures within the community. Easterseals, a grassroots organization, has been headlining the human service realm in expanding inclusive access to care for over a century. The organization’s ethical duty is to eradicate biased and false legislation combating inadequate care for marginalized communities. Not only will this have lethal effects on the Trans community members by obstructing medical care, but adversity spills into adjacent cultures, reaffirming extreme disparities and delivering undesirable fiscal consequences on the country. “Lack of resources precludes these community members from some life options that are available to more affluent persons, such as safe neighborhoods, adequate housing, and economic security.” (Jansson, 2017, p.5) Perpetuating a caste system and failing to invest in trans communities depletes community infrastructure, jobs, and efficacious constituents. 

Not only will this have lethal effects on the Trans community members by obstructing medical care, but adversity spills into adjacent cultures, reaffirming extreme disparities and delivering undesirable fiscal consequences on the country.

Acknowledging the preemptive social, political, and economic events in concession to the discriminatory legislature is the ability to shift one’s perspective in understanding the current consequential landscape prompted by the presidential election of 2016. The presidential election of 2016 has created ever-growing dissent among Americans as vital resources become scarce as populations grow and access to sufficient care decreases. “Post-2020, the terrorist danger in the United States will rise based on several facets, including the November 2020 presidential election. (Jones et al., 2022)” Our country was founded on genocide and the suppression of differing communities (non-Christian whites). Globalization and outsourcing of production and manufacturing plants overseas have promoted instability within our country’s infrastructure and dwindled the United States’ platform as a production conglomerate. This outsourcing of production, imposed by US politicians, has resulted in job loss for thousands of Americans, accompanied by deductions in employee pay and benefits. (Jansson, 2018, p.142) Moreover, Globalization heightens the susceptibility of its constituents to diseases found across international borders, with lax health and working conditions standards, protections, and policies in place. In some areas of the United States, globalization has enlarged the gap between well-educated and skilled workers and many uneducated and unskilled workers, degrading environmental measures and working situations. Globalization widens the economic gap and perpetuates the inherent caste systems of capitalism by withholding public resources (Jansson, 2018). By detecting and understanding the contributing histories that led to this proposed legislation, one can determine the perceived assumed condition and the harsh realities of the everyday minority within the United States. It is in the human services professionals’ due diligence to ensure all citizens of the United States are secure in their rights as the constitution intended. As Jansson states in Empowering Series: Becoming an Effective Policy Advocate, social workers must encounter policy advocacy to become specialists in creating a more humane society, including reducing income and inequality between vulnerable populations and the general population (2018)

Globalization widens the economic gap and perpetuates the inherent caste systems of capitalism by withholding public resources

(Jansson, 2018)

In the state of New Hampshire there is no state-specific bulletin regarding transition-related health care (New Hampshire Legal Aid, 2018). Meaning there is no former legislation in transgender youth receiving any form of transition means such as but not limited to puberty blockers. Although, there is a chapter 332-L Title XXX: Occupations and Profession banning conversion therapy on minors as “any licensed professional, who proposes to engage or engages in conversion therapy on a patient under 18 years of age shall be considered to have engaged in unprofessional conduct and shall be subject to such discipline as the relevant licensing authority deems appropriate.”(Chapter 332-L PROHIBITING CONVERSION THERAPY ON MINORS, n.d.) In New Hampshire, no protection law specifically states it is for a “transgender person.” Sometimes, a transgender individual is protected by sexual orientation, sex, or disability; discrimination based on those criteria is illegal. (New Hampshire Legal Aid, 2017) However, this is not just an issue central to New Hampshire; “accurate estimates of the United States Trans population have been historically challenging to acquire for multiple reasons, including the broad range of terms used to describe transgender identities and, most notably, the lack of data collection in population-based surveys.” (Nolan et al., 2019)

However, this is not just an issue central to New Hampshire; “accurate estimates of the United States Trans population have been historically challenging to acquire for multiple reasons, including the broad range of terms used to describe transgender identities and, most notably, the lack of data collection in population-based surveys.”

(Nolan et al., 2019)

And yet the historically suppressed trans American population continues to steadily grow as more protective policies are enacted and accessibility to care. However, small studies have found that the trans and nonbinary “population ranges from 38 to 1,647 per 100,000. (Nolan et al., 2019)” Underscoring the crucial need for adequate care and representation for this minority group and the failure of the United States System has succumbed to these individuals. Striping these individuals of their inherent constitutional rights is unethical and detrimental to our society; by completely disregarding the needs of an entire population, the New Hampshire infrastructure is destined to fail to provide civil liberties to its constituents. These acts of suppression can be seen as terrorizing in nature and unpatriotic. 

Striping these individuals of their inherent constitutional rights is unethical and detrimental to our society; by completely disregarding the needs of an entire population, the New Hampshire infrastructure is destined to fail to provide civil liberties to its constituents.

Prior to the discriminatory legislative proposal HB 619-FN to be enacted in 2024 which is to amend the definition of conversion therapy to the existing RSA 332-L:1, wording of the bill was vague in nature which can alleviate specific interpretation. These republicans would like to add intended buzzwords (in bold) in invoking inherent bias within the reader with coded language and statements such as:

“6  Definition; Conversion Therapy.  Amend RSA 332-L:1 to read as follows:

332-L:1 Definition. In this chapter, “conversion therapy” means practices or treatments that seek to change an individual’s sexual orientation or gender identity against their clearly expressed will, including further efforts against their will to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. Conversion therapy shall not include counseling of a child enrolled in therapy at the request of their parent for the evaluation of, and treatment for, gender dysphoria, or that provides assistance to a person undergoing therapy for gender dysphoria and who, after reaching the age of 18, wishes to discuss gender transition from or to their biological gender, or counseling that provides a person over the age of 18 acceptance, support, and understanding of a person or facilitates a person’s coping, social support, and identity exploration and development, including sexual-orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, as long as such counseling does not seek to change an individual’s sexual orientation or gender identity against their clearly expressed will. 

7  Effective Date.  This act shall take effect January 1, 2024.”

Previously the law read:

“332-L:1 Definition. – In this chapter, ” conversion therapy ” means practices or treatments that seek to change an individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. Conversion therapy shall not include counseling that provides assistance to a person undergoing gender transition, or counseling that provides acceptance, support, and understanding of a person or facilitates a person’s coping, social support, and identity exploration and development, including sexual-orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, as long as such counseling does not seek to change an individual’s sexual orientation or gender identity.

Source. 2018, 167:1, eff. Jan. 1, 2019.”

As one can read, the inherent bias within the new proposal perpetuates further systemic, economic, political, and social discord between United States citizens. Opposed to helping these marginalized communities gain access to humane care and attempting to demonize trans constituents by blocking them from obtaining their constitutional rights contributes to the decline in New Hampshire’s social, political, economic, and systemic infrastructure. Before, the conservatives’ attempts to infiltrate the law based on hearsay and fallacy were negligent enough. However, desensitizing the legislature’s reading with fear-motivated rhetoric further perpetuates social discord on a micro, mezzo, and macro-level analysis. “Social workers must be conversant with social policies and able to seek changes in these policies to advance values such as social justice and fairness and the well-being of citizens and specific groups; essentially, changing the composition of government to increase the likelihood that decision makers will seek policies that truly help citizens. (Jansson, 2018, p. 2)”

In the wake of The Department of Homeland Security (2022) deemed a domestic terrorist crisis in targeting LGBTQIA+ communities (but not limited), we must protect all citizens of their civil liberties by prioritizing social justice reform. The bulletin states:

” The United States remains in a heightened threat environment. Lone offenders and small groups motivated by a range of ideological beliefs and/or personal grievances continue to pose a persistent and lethal threat to the Homeland. Domestic actors and foreign terrorist organizations maintain a visible online presence to motivate supporters to conduct attacks in the Homeland. Threat actors have recently mobilized to violence, citing factors such as reactions to current events and adherence to violent extremist ideologies. In the coming months, threat actors could exploit several upcoming events to justify or commit acts of violence, including certifications related to the midterm elections, the holiday season and associated large gatherings, the marking of two years since the breach of the U.S. Capitol on January 6, 2021, and potential sociopolitical developments connected to ideological beliefs or personal hostility. Targets of potential violence include public gatherings, faith-based institutions, the LGBTQI+ community, schools, racial and religious minorities, government facilities and personnel, U.S. critical infrastructure, the media, and perceived ideological opponents.” (National Terrorism Advisory System Bulletin – November 30, 2022, | Homeland Security, n.d.)

Efforts to reform discriminatory laws’ limiting and exclusionary rhetoric are essential to ensure an inclusive, affirmative, and sustainable regenerative infrastructure for all. Furthermore, these communities lack the support to live independent lives, and frequently, the discriminatory policies send individuals to residential homes, hospitalizations, and treatment centers, costing more taxpayers’ dollars. This also acknowledges the capacity-building efforts needed for these already fiscally tight public resources. Bias and coded language evoke feelings of bias and prejudice, often leading to fatal results for these marginalized community members. By providing inclusive and affirmative access to care for marginalized communities that already experience the adversaries of systemic oppression, we can combat economic disparities with gap-filling programs.

Resources:

Administrative Rules. (n.d.). New Hampshire Department of Health and Human Services. https://www.dhhs.nh.gov/doing-business-dhhs/legal-services/administrative-rules 

Chapter 332-L PROHIBITING CONVERSION THERAPY ON MINORS. (n.d.). https://gencourt.state.nh.us/rsa/html/XXX/332-L/332-L-mrg.htm 

Chudy, E. (2022, December 15). New Hampshire Republicans want to erase trans people – banning kids and adults from transitioning. PinkNews | Latest Lesbian, Gay, Bi and Trans News | LGBTQ+ News. https://www.thepinknews.com/2022/12/15/new-hampshire-transition-ban-kids-adults/ 

How a Bill Becomes a Law | New Hampshire Almanac | NH.gov. (n.d.). https://www.nh.gov/almanac/bills.htm 

Jansson, B. S. (2018). Empowerment Series: Becoming An Effective Policy Advocate (8th ed.). Cengage Learning.

Jones, S. G., Doxsee, C., & Harrington, N. (2022, November 29). The Escalating Terrorism Problem in the United States. https://www.csis.org/analysis/escalating-terrorism-problem-united-states 

Kinney, M. K., Pearson, T. E., & Ralston Aoki, J. (2022). Improving “Life Chances”: Surveying the Anti-Transgender Backlash, and Offering a Transgender Equity Impact Assessment Tool for Policy Analysis. Journal of Law, Medicine &Amp; Ethics, 50(3), 489–508. https://doi.org/10.1017/jme.2022.89 

New Hampshire Legal Aid. (2017, July). Know Your Rights as an LGBTQ Student | New Hampshire Legal Aid. Retrieved January 20, 2023, from https://nhlegalaid.org/know-your-rights-lgbtq-student 

New Hampshire Legal Aid. (2018, July). Your Rights as an LGBTQ person in New Hampshire | New Hampshire Legal Aid. https://nhlegalaid.org/. Retrieved January 20, 2023, from https://nhlegalaid.org/your-rights-lgbtq-person-new-hampshire 

New Hampshire LSR71 | TrackBill. (n.d.). https://trackbill.com/bill/new-hampshire-legislative-service-request-71-prohibiting-gender-transition-procedures-for-minors-relative-to-sex-and-gender-in-public-schools-and-relative-to-the-definition-of-conversion-therapy/2269629/ 

National Terrorism Advisory System Bulletin – November 30, 2022 | Homeland Security. (n.d.). https://www.dhs.gov/ntas/advisory/national-terrorism-advisory-system-bulletin-november-30-2022 

Nolan, I. T., National Library of Medicine, & PubMed Central. (2019, June). Demographic and temporal trends in transgender identities and gender confirming surgery. National Library of Medicine. Retrieved January 20, 2023, from https://tau.amegroups.com/article/view/25593/24252 

Your Rights as an LGBTQ person in New Hampshire | New Hampshire Legal Aid. (n.d.-a). https://nhlegalaid.org/your-rights-lgbtq-person-new-hampshire 

Your Rights as an LGBTQ person in New Hampshire | New Hampshire Legal Aid. (n.d.-b). https://nhlegalaid.org/your-rights-lgbtq-person-new-hampshire