A Republican governor just vetoed a GOP-led anti-trans bill.

Read more at LGBTQ Nation.

New Hampshire Gov. Kelly Ayotte (R) vetoed an anti-transgender bathroom and sports bill last Friday. Republicans in the state legislature won’t likely have enough votes to override her veto.

The bill, S.B. 268, sought to carve out exceptions to the state’s 2018 anti-discrimination laws (which protect people from discrimination on the basis of “gender identity”) and ban trans people from accessing any restrooms, locker rooms, prisons, detention centers, and non-voluntary treatment centers that match their gender identity. Furthermore, the bill sought to ban trans women from any “athletic or sporting events or competitions” in which “biological males” have physical advantages.

“There are certain limited circumstances in which classification of persons based on biological sex is proper because such classification serves the compelling state interests of protecting the privacy rights and physical safety of such persons and others,” the bill stated, echoing right-wing rhetoric about trans people being a risk to other people’s safety, especially in locker rooms and toilets.

The broadly written bill neither explained how the law would be enforced nor provided any special penalties for violating it. As such, enforcement would have likely depended on individuals filing complaints if they shared a facility with a trans person, leaving state legal authorities to investigate and prosecute such claims.

“I vetoed a nearly identical bill to this one last year,” said Gov. Ayotte, according to The New Hampshire Bulletin. “I made it clear this issue needed to be addressed in a thoughtful, narrow way that protects the privacy, safety, and rights of all Granite Staters. Unfortunately, there is minimal difference between Senate Bill 268 and the bill I vetoed last year, which [Republican] Governor [Chris] Sununu vetoed the year prior.”

When Gov. Ayotte vetoed a similar bill last year, she said, “I believe there are important and legitimate privacy and safety concerns raised by biological males using places such as female locker rooms and being placed in female correctional facilities. At the same time, I see that [this bill] is overly broad and impractical to enforce, potentially creating an exclusionary environment for some of our citizens.”

It’s unlikely that Republican state legislators will have the votes they need to override Gov. Ayotte’s veto in both chambers. New Hampshire state law requires a two-thirds majority vote in both the House of Representatives and the Senate to override a governor’s veto. While the 16 Republicans in the state’s 24-member Senate could reach that threshold, the 222 Republican legislators in the state’s 400-member House could not.

LGBTQ+ advocates cheered on Gov. Ayotte’s veto.

“This is a huge relief for every transgender or gender nonconforming person in New Hampshire,” said Aimee Terravechia, executive director of the statewide LGBTQ+ organization 603 Equality. “In a time of unrelenting legislative attacks and misinformation campaigns around transgender people and their rights, Gov. Ayotte’s veto affirms the basic rights and dignity for all Granite Staters. Transgender and gender nonconforming people deserve safe access to public spaces as they go about living, working, and contributing to our communities. Bathroom bans simply have no place in New Hampshire.”

Heidi Carrington Heath, executive director of NH Outright, said, “This veto is a win for the Granite State, and sends a much-needed message to LGBTQ+ youth and families that they are welcomed and valued members of our communities. Today, Governor Ayotte stood in a long tradition of New Hampshire values protecting freedom and individual liberty. Like all youth, our LGBTQ+ young people deserve access to all of the spaces and places they need to thrive, and this veto helps ensure they can continue to do just that.”

Chris Erchull, senior staff attorney at GLAD Law, said, “We’re pleased with Governor Ayotte’s veto of S.B. 268, which keeps the bipartisan nondiscrimination law passed in 2018 intact and ensures all Granite Staters – including our transgender friends, neighbors, and co-workers – continue to have fair and safe access to our public spaces. Though S.B. 268 will not be the last politically motivated attack on LGBTQ+ people we have to confront in this legislative session, this is a moment worth celebrating – and an opportunity for more Granite Staters to come together in support of fairness, dignity, and freedom for all.”