How will HB 478 affect religious liberty in New Hampshire?

Summary

HB 478 would severely harm the freedom of New Hampshire citizens to freely live and work according to their beliefs.
Exemptions for “religious entities” are weak and poorly worded, leaving open the threat of litigation or forced violation of mission.
Punishments for violation of HB 478 would be crippling to businesses, charities, churches, ministries, or schools.

Bill Description

HB 478, commonly known as the “Bathroom Bill,” would amend the Human Rights section of the New Hampshire RSAs so that the classification of “gender identity” is included in the list of protected classes subject to the human rights statutes — granting this classification the same protected status as “race,” “religion,” and “national origin.”

Employment, labor organization, housing, public accommodations, and public services are all areas that are affected by the amended language.

Practical Implications of HB 478

Any male claiming to “identify” as a woman would have access to women’s and girl’s bathrooms, locker rooms, changing rooms, and any other place where women and girls deserve safe, protected spaces.
Safeguards for women and girls would be stripped away, increasing the risk of sexual assault, voyeurism, and privacy violation.
Parents would be stripped of their rights and can no longer insist that their children’s privacy be respected at school.
Churches and other religious organizations would be forced to comply with radical gender ideology.
Plus many more devastating effects to New Hampshire citizens’ rights of privacy, freedom of speech, and private property rights.

Exemptions for Religious Entities

NH nondiscrimination laws do have an exemption for religious entities , but the exemption only allows them to “limit admission” or “give preference to” “persons of the same religion or denomination” — a weak and largely empty protection.

This puts churches, faith-based schools, and ministries in the position of needing to “interview” potential congregants or worshippers who come through their doors to see if they are “of the same religion or denomination” in order to protect the privacy and safety of those on their premises, especially women and children.

Furthermore, even if a potential congregant or worshipper claims to ascribe to the “same religion or denomination,” he or she may do so while yet self-identifying as a female even when their actual sex is male. This still may put religious organizations at risk of being sued by, or put an employee or other person on their premises at risk for a violation of privacy, becoming a target of sexual assault/rape, or becoming a target for voyeurism.

Finally, if a ministry or church should want to abide by the law utilizing the existing exemption, it would force them to violate their own mission to serve everyone regardless of religion or denomination. That is nonsensical.

Punishments for Violations of HB 478

If a small business, charity, church, ministry, small school district, or other entity were to be sued for violating HB 478 (if it were to be enacted), the consequences could be crippling.

In other states, these nondiscrimination laws have been used as a weapon to punish faith-based entities or small businesses who do not want to violate their faith or the privacy and safety of those on their premises by permitting men access to women’s showers, locker rooms, and restrooms. Ordinary people, including small business owners, have lost their businesses, life savings, retirement, and more.

The cost of defending against a claim of gender identity discrimination under HB 478 has the potential to have the same crippling impact on NH businesses, charities, churches, ministries, and school districts. The fines for being found guilty of gender identity discrimination could be: