By Steve MacDonald
On Thursday, a New Hampshire House Committee just advanced legislation that will give sexual predators unfettered access to your wives and daughters, and sisters and mothers, in bathrooms and locker rooms all across the state.
The bill adds ‘gender identity’ alongside age, race, color, religion, sex, disability, familial status, marital status, or national origin, and that is all well and good. But HB478 does not distinguish where it comes to access to public facilities. It gives any man (with the desire to do so) access to ladies bathrooms and locker-rooms and makes it illegal to prohibit them or to remove them.
Equal Access to Public Accommodations a Civil Right; Gender Identity. Amend RSA 354-A:16 to read as follows:
354-A:16 Equal Access to Public Accommodations a Civil Right. The opportunity for every individual to have equal access to places of public accommodation without discrimination because of age, sex, gender identity, race, creed, color, marital status, physical or mental disability or national origin is hereby recognized and declared to be a civil right. In addition, no person shall be denied the benefit of the rights afforded by this section on account of that person’s sexual orientation.
Unlawful Discriminatory Practices in Public Accommodations; Gender Identity. Amend RSA 354-A:17 to read as follows:
354-A:17 Unlawful Discriminatory Practices in Public Accommodations. It shall be an unlawful discriminatory practice for any person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, because of the age, sex, gender identity, race, creed, color, marital status, physical or mental disability or national origin of any person, directly or indirectly, to refuse, withhold from or deny to such person any of the accommodations, advantages, facilities or privileges thereof; or, directly or indirectly, to publish, circulate, issue, display, post or mail any written or printed communication, notice or advertisement to the effect that any of the accommodations, advantages, facilities and privileges of any such place shall be refused, withheld from or denied to any person on account of age, sex, race, creed, color, marital status, physical or mental disability or national origin; or that the patronage or custom thereat of any person belonging to or purporting to be of any particular age, sex, race, creed, color, marital status, physical or mental disability or national origin is unwelcome, objectionable or acceptable, desired or solicited. In addition, no person shall be denied the benefit of the rights afforded by this section on account of that person’s sexual orientation.
Every “public” accommodation whether on public or private property will be open to sexual predators who will pretend to be transgendered to gain access. The Gender identity definition attempts to clarify but is still not adequate to prevent this.
New Paragraph; Gender Identity; Definition. Amend RSA 354-A:2 by inserting after paragraph XIV-d the following new paragraph.
XIV-e. “Gender identity” means a person’s gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth. Gender-related identity may be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender-related identity is sincerely held as part of a person’s core identity provided, however, that gender-related identity shall not be asserted for any improper purpose.
It is not likely that the intent of the legislation is to allow predators unfettered access, but it is a side effect. The identity definition is merely paying lip service to opponents and should this become law will inevitably have to be removed because it is demeaning and discriminatory to demand proof from one class of persons over any other.
Expect lawsuits, and since the bill takes effect immediately, that will be the first time someone asks for any evidence whatsoever. Small business owners or towns should expect suits for trying to keep predators out of their restrooms or for failing to keep them out if someone is attacked. Take your pick and lawyer up. Your being able to afford it is not a consideration to which you are entitled.
The House Committee on Health, Human Services, and Elderly Affairs gave the bill an Ought to Pass recommendation this week. Please understand that there is not enough resistance in the Senate. Three Republican Senators are sponsors, more than enough votes along with Democrats to send it to the Governors Desk if it passes the House. At present Gov. Sununu is soft enough on this sort of thing that he will likely bow to progressive pressure or his own socially liberal proclivities and sign it rather than weather the public relations storm that would come with a veto.