Two weeks ago, Governor Ayotte celebrated the Supreme Court’s unanimous ruling in West Virginia v. B.P.J., saying: “It is unfair for biological males to compete in women’s sports, and as the mom of a daughter who competed in varsity sports in high school, I am pleased with the Supreme Court’s decision.”
We agree. And that’s exactly what makes her veto of HB 1442, relative to biological sex separation, so inexplicable.
What the Supreme Court Said
In West Virginia v. B.P.J., the Supreme Court ruled that states may maintain women’s and girls’ sports for biological females, and that doing so does not unconstitutionally discriminate against transgender athletes. The majority opinion was unambiguous:
“Forcing female athletes to compete against males can create significant safety risks. And in virtually all competitive sports, forcing female athletes to compete against males can undermine competitive fairness.”
The Court went further — affirming that women’s sports exist to give girls a fair shot at something real: roster spots, playing time, scholarships, championships, the lifelong memories that come from competing on a level field. Twenty-seven states, the International Olympic Committee, the U.S. Olympic and Paralympic Committee, and the NCAA have all acted on this understanding. Governor Ayotte says she agrees with them.
So why won’t she act?
The Locker Room Is Where Girls Are Most Vulnerable
HB 1442 would have extended that same protection beyond the playing field — to locker rooms, restrooms, prisons, and other private spaces where biological sex separation is not just fair, but necessary for safety and dignity. The bill didn’t ask for more than what the Supreme Court has already affirmed. It asked for the bare minimum.
Granite Staters understand this. While 58% of New Hampshire residents support biological sex separation in sports, an even higher 74% support it in private spaces like locker rooms and restrooms. The people of this state care more about protecting private spaces, not less.
Governor Ayotte vetoed HB 1442 anyway. It is the fourth time she has refused to protect New Hampshire women and girls in private settings — and the second time this session. She previously vetoed SB 552, a nearly identical bill, earlier this year. Cornerstone’s Executive Director Shannon McGinley testified in support of that bill — you can watch her testimony here.
Words Without Action
The Governor’s message is becoming clear: safety may matter to her on the field, but not in the locker room, the restroom, or anywhere else. She will celebrate a Supreme Court ruling that affirms what 74% of her own constituents believe — and then veto the bill that would make it law in New Hampshire.
HB 1442 is dead. But the question Governor Ayotte owes Granite Staters an answer to is a simple one: if the Supreme Court is right, if 27 states are right, if 74% of New Hampshire is right — what exactly is she waiting for?
Make Your Voice Heard
Contact the Governor:
Call or email Governor Ayotte’s office and ask her to explain the difference between the protection she celebrated at the Supreme Court and the protection she has now vetoed four times here in New Hampshire.
📞 Governor’s Office: (603) 271-2121
✉️ Email: GovernorAyotte@governor.nh.gov