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History

Homosexual activity in New Hampshire

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Homosexual activity in New Hampshire is legal.

Current status
Since Aug 6, 1975
Legal
In 1975, New Hampshire struck down its sodomy law. Although the governor was in favor of it, he reportedly did not carefully review the bill before signing it.

The US Supreme Court's ruling issued in Lawrence v. Texas (2003) struck down all sodomy laws on the basis of privacy and liberty. The decision overturned any laws remaining in all US states which prohibited acts of sodomy. However, New Hampshire repealed its individual sodomy ban in 1975; one of the first states in the country to do so.

Same-sex marriage in New Hampshire

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Same-sex marriage in New Hampshire is legal.

Current status
Since Jan 1, 2010
Legal
In 2010, New Hampshire was the fifth state to legalize gay marriage. The bill was signed into law on June 3, 2009.
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Censorship of LGBT issues in New Hampshire

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Censorship of LGBT issues in New Hampshire is no censorship.

Current status
No censorship
There are no laws censoring LGBT topics in New Hampshire.
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Right to change legal gender in New Hampshire

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Right to change legal gender in New Hampshire is legal, no restrictions.

Current status
Since Jul 24, 2018
Legal, no restrictions
New Hampshire residence are able to get gender marker X on their drivers licenses. Minors are able to get gender X on their drivers licenses as well with parental consent.

(Note: Birth certificates fall into the hands of the court, requirements vary by individual judge, "X" not recognized on birth certificates.)
Jan 1, 2006–Jul 23, 2018
Legal, but requires surgery
In 2006, New Hampshire provided for legal gender recognition but required proof of surgery. Court orders were required for birth certificates and varied by court.

Gender-affirming care in New Hampshire

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Gender-affirming care in New Hampshire is legal, but banned for minors.

Current status
Since Jan 1, 2026
Legal, but banned for minors
Gender-affirming care is banned for minors in the state of New Hampshire under HB 377 which went into effect on January 1st, 2026.

Explicit Medicaid coverage for gender-affirming care is offered to adults 18+ which includes hormones and surgeries.

Inmates are provided gender-affirming care such as hormones and surgeries.
Jan 1, 2025–Dec 31, 2025
Legal, but restricted for minors
HB619 restricts gender affirming surgeries for minors under 18, parents or doctors may be subjected to fines or jail time, the bill is not clear on either. Surgeries are banned for minors, but HRT (Hormone replacement therapy) is not.
Until Dec 31, 2024
Legal
There are no restrictions on gender affirming care in New Hampshire; several bans or restrictions have been proposed and then all failed until the 2025 bill was passed.

Legal recognition of non-binary gender in New Hampshire

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Legal recognition of non-binary gender in New Hampshire is recognized.

Current status
Since Jul 10, 2019
Recognized
In 2019, New Hampshire began allowing gender markers on drivers licenses to be listed as X.
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Hate crime protections in New Hampshire

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Hate crime protections in New Hampshire is sexual orientation and gender identity.

Current status
Sexual orientation and gender identity
New Hampshire law protects individuals from hate crimes on the basis of sexual orientation and gender identity.
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LGBT discrimination in New Hampshire

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LGBT discrimination in New Hampshire is illegal.

Current status
Since Jul 8, 2018
Illegal
On June 8, 2018 Governor Chris Sununu signed into law House Bill 1319, AN ACT prohibiting discrimination on the basis of gender identity, which banned discrimination in employment, public accommodations and housing based on gender identity. The law went into effect on July 8, 2018.
Until Jul 7, 2018
Illegal in some contexts
Discrimination on the basis of sexual orientation is illegal, but gender identification is not included in these protections.
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LGBT employment discrimination in New Hampshire

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LGBT employment discrimination in New Hampshire is sexual orientation and gender identity.

Current status
Since Jun 8, 2018
Sexual orientation and gender identity
Governor Sununu signed a bill (HB 1319) in June of 2018 to ban discrimination on the basis of gender identity in employment.
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Oct 5, 2017–Jun 7, 2018
Sexual orientation only
President Trump's Department of Justice and the EEOC revoked protections for gender identity in employment discrimination. This left only sexual orientation protections at the state level.
Apr 20, 2012–Oct 4, 2017
Sexual orientation and gender identity
In a landmark decision, Democratic President Obama's EEOC ruled that gender identity was included under Title VII protections from the Civil Rights Act (originally written to protect people based on sex discrimination). This added to the sexual orientation protections at the state level
Jan 1, 1998–Apr 19, 2012
Sexual orientation only
In 1997, the New Hampshire state legislature banned discrimination in employment on the basis of sexual orientation.
Until Dec 31, 1997
No protections
Before the 1997 bill, no discrimination protections for LGBT people existed at the state or federal level in employment.

LGBT housing discrimination in New Hampshire

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LGBT housing discrimination in New Hampshire is sexual orientation and gender identity.

Current status
Since Jul 8, 2018
Sexual orientation and gender identity
On June 8, 2018 Governor Chris Sununu signed into law House Bill 1319, AN ACT prohibiting discrimination on the basis of gender identity, which banned discrimination in employment, public accommodations and housing based on gender identity. The law went into effect on July 8, 2018.
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1998–Jul 8, 2018
Sexual orientation only
This state explicitly bans housing discrimination based upon sexual orientation only.

Additionally, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity.
HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted
housing in every state (March 2012)."
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Same-sex adoption in New Hampshire

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Same-sex adoption in New Hampshire is legal.

Current status
Since Jun 26, 2017
Legal
New Hamsphire allows single adoption, joint adoption by married couples and second parent adoption by married couples.
Until Jun 26, 2017
Single only
Unmarried adults may individually adopt, and married adults may petition jointly per N.H. Rev. Stat. 170-B:4.

Second-parent adoptions, however, are not permitted.
Sources:
www.lambdalegal.org/states-region/new-hampshire
N.H. Rev. Stat. 170-B:4
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Intersex infant surgery in New Hampshire

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Intersex infant surgery in New Hampshire is not banned.

Current status
Not banned
New Hampshire's ban on GCS for minors included exceptions for intersex infant surgery.

Serving openly in military in New Hampshire

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Serving openly in military in New Hampshire is lesbians, gays, bisexuals permitted, transgender people banned.

Current status
Since Jul 8, 2025
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law

From July 8, 2025 onward, Air Force Reserve, Air National Guard of the United States, Army National Guard of the United States, United States Army Reserve, and United States Navy Reserve service members who were eligible for voluntary separation but did not elect or complete it, and who either have a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria and do not receive a waiver, or have a history of cross-sex hormone therapy or sex reassignment or genital reconstruction surgery in connection with a sex transition, are placed into the involuntary administrative separation process.

On the effective date of separation, service will be characterized as honorable in every case unless circumstances justify a different designation. Enlisted members will receive a Separation Program Designator (SPD) code of JFF (Secretarial Plenary Authority), under which the Secretary may direct separation when it is determined to be in the best interest of the service, while officers will receive an SPD code of JDK (Military Personnel Security Program), based on a determination that continued service is not clearly consistent with the interests of national security. The use of SPD code JDK is not intended, by itself, to trigger incident reporting or security clearance revocation, and gender dysphoria alone does not require reporting under Security Executive Agent Directive 3. All service members will receive a reentry code of RE-3, indicating they are not fully qualified for reentry or continued service without a waiver.
Jul 6, 2025–Jul 8, 2025
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
From July 6, 2025 onward, Coast Guard Reserve and Regular Coast Guard service members who were eligible for voluntary separation but did not elect or complete it, and who either have a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria and do not receive a waiver, or have a history of cross-sex hormone therapy or sex reassignment or genital reconstruction surgery in connection with a sex transition, are placed into the involuntary administrative separation process.
Jun 7, 2025–Jul 6, 2025
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
From June 7, 2025 onward, Active Guard Reserve, Marine Corps Active Reserve, Regular Air Force, Regular Army, Regular Marine Corps, and Regular Space Force service members who were eligible for voluntary separation but did not elect or complete it, and who either have a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria and do not receive a waiver, or have a history of cross-sex hormone therapy or sex reassignment or genital reconstruction surgery in connection with a sex transition, are placed into the involuntary administrative separation process.
May 8, 2025–Jun 7, 2025
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
On May 8, 2025, the United States Department of Defense (USDoD) began initiating administrative separation proceedings for service members who had already identified themselves for voluntary separation before March 26, 2025. On the same date, it reinstated the ban on transgender enlistment by directing that applicants who have a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria and do not receive a waiver, or who have a history of cross-sex hormone therapy or sex reassignment or genital reconstruction surgery in connection with a sex transition, are denied entry into military service.

On May 9, 2025, the USDoD ended all surgical procedures related to sex reassignment for service members with gender dysphoria. All such procedures—whether planned, scheduled, or not yet scheduled—were canceled, and any previously approved SHCP waivers for these surgeries were revoked. New waiver requests are no longer processed, except in cases involving the necessary treatment of surgical complications, which require special review.

Service members aged 19 or older who were already receiving cross-sex hormone therapy prior to this memorandum may continue treatment temporarily if a provider deems it necessary to prevent harm, but only until their separation is completed. Moving forward, USDoD funding cannot be used to initiate any new hormone therapy treatments for gender dysphoria, though military department leaders may request case-by-case exceptions for non-surgical care if needed to protect a service member’s health, subject to review and approval.

Also on May 9, 2025, the USDoD directed military educational institution libraries to use a standardized set of subject-heading searches to identify post-2010 books potentially associated with “gender ideology,” transgender-related topics, and other targeted concepts, sequester those materials from normal access by May 21, 2025, and hold them for expert review and possible later disposition.

On May 15, 2025, the United States Coast Guard resumed implementation of its transgender service policy by immediately pausing new accessions for individuals with a history of gender dysphoria and pausing planned, scheduled, or unscheduled medical procedures related to gender transition.

By May 21, 2025, the US Naval Academy had returned all but about 20 of the 381 books removed on March 31–April 1, 2025, to its shelves, while US Air Force libraries, including the US Air Force Academy, had also pulled a few dozen books for review.

On June 5, 2025, the U.S. Coast Guard formally made members and applicants with gender dysphoria who did not receive a waiver ineligible for service and subject to separation or disqualification, while allowing temporary continuation of some preexisting hormone therapy until separation.

On June 6, 2025, US Coast Guard restored the Civil Rights Awards Program after completing a review and updating the Civil Rights Manual.
Mar 18, 2025–May 7, 2025
Legal under federal United States law
On the evening of March 18th, U.S. District Judge Ana Reyes blocked the implementation of Trump's executive order banning transgender people from the military. The judge said that not only was the order unconstitutional but “a solution in search of a problem.”.
Feb 7, 2025–Mar 17, 2025
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
On January 27th, 2025, President Trump signed an executive order that bans transgender people from serving in the military.
On February 10th, 2025, Secretary of Defense Pete Hegseth filed in court a memo relating to President Trump’s executive order from the previous month.

From then until March 18th, 2025, The U.S. military prohibited transgender individuals from enlisting and ceased providing or supporting gender transition procedures for service members.
Apr 30, 2021–Feb 6, 2025
Legal under federal United States law
In 2021, former President Joe Biden removed then-former President Donald Trump’s ban on transgender people serving in the military.
Apr 11, 2019–Apr 29, 2021
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
The Trump administration enacted a new policy barring individuals with a "condition" known as "gender dysphoria." from serving in the military.
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Sep 20, 2011–Apr 11, 2019
Legal under federal United States law
In 2011, "Don't Ask, Don't Tell" was repealed by the Obama Administration. Former President Obama allowed members who were dishonorably discharged under DADT, to receive an honorable discharge.
Feb 28, 1994–Sep 19, 2011
Don't Ask, Don't Tell under federal United States law
Don't Ask, Don't Tell was the historic compromise signed by President Bill Clinton authorizing people who are LGBT to serve in the military provided they didn't disclose sexuality. The law also removed the ability for others in the military from asking for a service member's orientation.
Sources:
www.gpo.gov/fdsys/pkg/PLAW-…
catalog.archives.gov/id/122244870 *official document for DADT signed by Former President Clinton*
gao.gov/assets/nsiad-92-98.pdf *study from 1992 to 1998*
www.history.com/news/dont-a…
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May 19, 1941–Feb 27, 1994
Illegal under federal United States law
From May 19, 1941 until September 20, 2011, LGB people were banned from enlistment and service in the United States Army, US Coast Guard, US Marine Corps, and US Navy, and, beginning September 18, 1947, in the Air Force. From October 1, 1982, to September 19, 2011, when homosexuality was the sole basis for separation and no aggravating circumstances were present, the characterization of service was determined by the member’s overall record and could be Honorable or General (under honorable conditions), with entry-level cases receiving an uncharacterized separation.

By May 17, 1963, in the United States Army; by 1982, in the United States Air Force; from March 31, 1986, on a U.S. Department of Defense-wide accession basis covering the United States Army, United States Navy, United States Marine Corps, and, by agreement, the United States Coast Guard; by August 12, 2005, in the United States Navy and United States Marine Corps; and by April 29, 2011, in the United States Coast Guard, transgender people were banned from enlistment and service until open service was authorized on June 30, 2016.

By February 22, 1956, in the United States Coast Guard; by February 10, 1961, in the United States Army; by January 11, 1962, in an Air Force-specific accession standard; from March 31, 1986, on a Department of Defense-wide accession basis covering the Army, Navy, Marine Corps, Air Force, and, by agreement, the Coast Guard; and, from December 20, 2019, in the United States Space Force through inherited Air Force and DoD standards, applicants with intersex-related conditions identified in military rules as “hermaphroditism,” and later as “hermaphroditism, pseudohermaphroditism, or pure gonadal dysgenesis,” were disqualified from accession under military medical standards.

Blood donations by MSMs in New Hampshire

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Blood donations by MSMs in New Hampshire is legal.

Current status
Since May 11, 2023
Legal under federal United States law
The new FDA policy on blood donation eliminates deferrals and screening questions specific to men who have sex with men (MSM). Prospective donors will be asked the same set of questions regardless of their sex or sexual orientation.
Apr 2, 2020–May 10, 2023
Banned (less than 6-month deferral) under federal United States law
The FDA announced changes to the blood donor eligibility policy in April 2020, reducing the MSM deferral period from 12 months to 3 months. The change came amid the beginning of the COVID-19 pandemic, where blood was needed urgently.
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Dec 21, 2015–Apr 1, 2020
Banned (1-year deferral) under federal United States law
After a series of recommendations, the FDA has moved to a 12 months deferral.
1983–Dec 20, 2015
Banned (indefinite deferral) under federal United States law
Starting in 1983, the United States implemented a full ban on blood donations from gay men. The primary justification for the ban was the perceived high risk of HIV transmission, with health regulators identifying men who have sex with men (MSM) as a significant risk to the safety of the blood supply.
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Conversion therapy in New Hampshire

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Conversion therapy in New Hampshire is banned.

Current status
Since Jan 4, 2019
Banned
Banned after 2018, court ruling, however, as of 2022 there is a pending bill to overturn that law.
Until Jan 4, 2019
Not banned
Conversion Therapy is currently legal. No law currently bans it, despite organizations such as the American Psychological Association denouncing it.

Equal age of consent in New Hampshire

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Equal age of consent in New Hampshire is equal.

Current status
Since Aug 6, 1975
Equal
Age of consent is 16 years old in New Hampshire.