#

The people who allowed a man convicted of distributing child sex abuse images to roam the sidelines at Kearsarge girls’ soccer games are silent now that he’s been arrested yet again, on charges he possessed yet another stash of child pornography.

But one of the parents who blew the whistle on Marc Jacques, Betsy Harrington, is still speaking out. The mother of a Hillsboro-Deering High School student, Harrington, was shocked when she learned about Marc Jasques’ conviction and the fact his status as a felon was being hidden from parents. Harrington first learned about Marc Jacques after she saw him at a girl’s soccer game earlier this month.

“The school never told the girls, never told the parents,” Harrington said.

Many of the Hillsboro-Deering girls boycotted the game with Kearsarge over Maelle Jacques’ participation, a scenario repeating itself all this season. Nearly 6 feet tall, biological male Maelle Jacques is already a champion girls track athlete, easily beating his biologically female competitors during the state championship this year. 

Marc Jacques and Kearsarge have been riding the wave of progressive support for males who identify as female, getting Maelle Jacques nominated for a Biden White House “Girls Leading Change” award. 

A day after the game between the Kearsarge and Hillsboro-Deering girls soccer teams, Harrington was horrified to learn about Marc Jacques’ conviction. Harrington started contacting school officials, police, elected representatives — anyone who might be able to do something about Marc Jaques being at the game.

“Someone has to listen,” Harrington said.

Marc Jaques isn’t going to more games any time soon. He’s locked up as a danger to the community after he was arrested Friday for having a new, secret stash of child sex abuse images, according to court records.

Multiple public officials knew about his conviction for months, and still let him go to games to watch his child compete. In fact, according to U.S. Attorney for the District of New Hampshire Jane Young, it took the efforts of many concerned parents like Harrington calling to get the United State Probation Department to take a second look.

“I commend those parents for calling here. I would ask if there is a parent who has a concern that they continue to call,” Young said.

Marc Jaques pleaded guilty in February to sharing dozens of videos and photos depicting child sex abuse images with pedophiles online. Law enforcement found hundreds of abuse videos and photos on Marc Jacques’ digital devices. He claimed in court that he suffers from a sex addiction.

According to court documents. Marc Jaques spent years chatting online with predators, sharing his fantasies about raping children, and even tracking down the identity of at least one of the victims and sharing that identity with other disturbed men online. And yet school officials allowed him to attend Kearsarge girl’s soccer games.

That stands in stark contrast to the treatment of two parents in Bow, N.H., who were slapped with no trespass orders by the Superintendent of Schools for wearing pink wristbands with “XX” written on them to girls soccer game to show their support for girls-only sports.

Kearsarge School District Superintendent John Fortney, Assistant Superintendent Michael Bessette, and School Board Chair Alison Mastin, all failed to respond to requests for comment NHJournal. A review of Kearsarge school board meetings indicates the board held a non-public session in September dealing with the Marc Jacques legal question.

After the guilty plea, Marc Jacques was free on bail pending his sentencing hearing in the United States District Court in Concord. He was sentenced to five years in prison last month, but given until December to report to the Bureau of Prisons to begin his sentence. From his guilty plea through to his arrest last week, Marc Jacques was under no legal restriction to stay away from people under the age of 18. 

However, according to his sentencing form filed in court, once he serves his prison sentence and is released on probation, Marc Jacques will be prohibited from any contact with a child under 18, and he will be prohibited from even going to a park, playground, or sporting event where people under the age of 18 will be present. 

Chief United States Probation Officer Kevin Lavigne declined to speak in detail about Marc Jacques’ release conditions, and he could not answer why a man deemed too dangerous to be around children once he has served his prison sentence was allowed to be around children before he reported to prison.

Harrington, a retired prison counselor who worked with convicted sex offenders, said Marc Jacques’ treatment throughout the case makes no sense. He first popped up on law enforcement radar for child sex abuse image distribution years before he was arrested, she said.

“I don’t think we know the depths of his offending yet. I think the biggest problem was the length of time he had to reoffend,” Harrington said. “There was too much time between the time he was caught, to the time he pled guilty, to the time he was sentenced, to the time he was incarcerated. It all added up to too much time available to reoffend. Plus he was around girls the whole time.”

Harrington thinks Marc Jacques used the debate over his child Maelle Jacques to create sympathy and get a light sentence and easy pre-incarceration conditions. While Young’s office sought 78 months in prison for Marc Jacques, he ended up with a 60-month sentence. Harrington thinks the many school and court officials who should have known better caved to the transgender narrative Marc Jacques pushed.

“That was why he got the weaker pre-incarceration conditions,” Harrington said.

Before his sentencing, Marc Jacques wrote a letter to the court pleading for leniency. His argument was that Maelle Jacques needed him to support the process of gender transition. In the letter, Marc Jacques stated Maelle Jacques’ mother does not think gender transition is the right treatment.

“Transgendered teens have the highest rate of suicide in the United States, and I am afraid for Maelle and her path if she is forced to live with her mother and her stepmother in a home where she is not supported and feels unwelcome,” Marc Jacques wrote.

United States Attorney for the District of New Hampshire Jane Young

Young said the Probation Department claimed they had Marc Jacques on some of the strictest pre-incarceration conditions available, and that he had been complying with all of those supposedly strict conditions. 

“We considered him somebody who needed to serve a significant period of time in prison, but we also had information about him abiding by those conditions. We are only as good at the information we are given,” Young said.

After a flood of calls from parents like Harrington, Young contacted Probation about concerns that Marc Jacques was a danger. Marc Jacques’ probation officer then checked his monitored internet and found a new, illicit digital storage device was being used. On that device were more images of child sex abuse, according to court records. 

“It’s disturbing and quite frankly unacceptable,” Young said.

Young deferred questions to Lavigne, but said this case highlights the need for greater scrutiny of probationers and their conditions. Without tight conditions and assertive probation officers, prosecutors and judges are left in the dark, Young said.

United States District Court Judge Landya McCafferty ruled again Tuesday to prevent New Hampshire from enforcing its law keeping biological males from participating in girls sports.

The judge extended a temporary order allowing 15-year-old Parker Tirrell to play on the Plymouth High School girls soccer team. Tirrell and 14-year-old Iris Turmelle have filed a lawsuit challenging the state’s new Fairness in Women’s Sports Act.

When Gov. Chris Sununu signed the law last month, he made New Hampshire the 26th state to pass laws protecting girls sports from male athletes.

New Hampshire Attorney General John Formella and his office are defending the law, both in New Hampshire and at the national level. His attorneys are in court before Judge McCafferty, and he’s joined 25 other state attorneys general urging the U.S. Supreme Court to take up the issue.

“We remain committed to vigorously defending this new law and will determine next steps once the Court issues its order,” Formella said.

In New Hampshire, both sides have requested a bench trial, rather than a jury trial. McCafferty signaled during Tuesday’s hearing she will likely rule in favor of Tirrell and Turmelle, saying she believes the New Hampshire law violates Title IX, the law that protects women’s sports, and Title XII, the law against employment discrimination. 

If McCafferty does strike down the law, the decision to pursue an appeal will almost certainly be made by New Hampshire’s next governor. And if it is a Democrat, it’s all but certain the law will be allowed to die and girls will be competing against biological males once again.

Neither former Manchester Mayor Joyce Craig nor Executive Councilor Cinde Warmington would respond to questions about this case from NHJournal. However, they’ve both made it clear they oppose the new law.

“These bills are an attack on at-risk trans kids across New Hampshire. Our state needs leadership focused on delivering results, not division. As governor, I will always stand up for the right of our residents to live authentically, without demonization,” Craig said.

Executive Councilor Cinde Warmington, who is challenging Craig in the Democratic primary, linked banning boys from girls sports teams to violent hate crimes when the law was signed this summer.

“We’ve seen a rise in hate crimes against our LGBTQ+ community, in part because radical Republicans have villainized trans kids who’re already vulnerable & at a higher risk of suicide. When I’m governor, everyone will be free to love who they love & be who they are,” Warmington said on social media.

The two GOP candidates for governor have a very different view.

Chuck Morse, running against Kelly Ayotte in the GOP primary, says he’d fight for an appeal if elected.

“As governor, I would absolutely pursue an appeal if the court finds against the state. It is a question of fairness and protecting the rights of women to play sports on a level playing field. To me it is simple: boys should play against boys and girls should play against girls,” Morse said.

Ayotte agrees.

“As the only candidate for governor who has actually argued before the Supreme Court, I will do whatever it takes to defend our state. As the proud mom of a three-sport state champion female athlete, I believe protecting women’s sports is a matter of fairness. Women fought for decades to achieve that fairness through Title IX. When I am governor, New Hampshire’s female athletes will have a champion in the Corner Office,” Ayotte said.

Polls show Granite Staters overwhelmingly support allowing girls to compete in girls-only sports, rather than forcing them to compete against biological males who identify as female. It’s not just theory, either. A biological male took first place in the girls high jump competition earlier this year, beating every female in the New Hampshire Interscholastic Athletic Association (NHIAA) indoor track and field championship.

At the global level, the top two boxers in women’s Olympic boxing both had male chromosomes.

Lawyers for Tirrell and Turmelle want to block the law from taking effect throughout the state, arguing that stopping transgender girls from playing girls sports is discriminatory.

“This law was designed to prevent trans girls from playing sports with other girls … The only difference is their sex assigned at birth. Girls not assigned female at birth are being excluded,” said Chris Erchull, an attorney with GLAD, the GLBTQ Legal Advocates and Defenders organization which is representing Tirrell and Turmelle.

Assistant Attorney General Micheal DeGrandis argued legal precedent allows public institutions, like schools, to make distinctions between boys and girls. The New Hampshire law makes that distinction in an objective, equitable manner by requiring every student to play on sports teams that correspond to their biological sex at birth.

“We’re not trying to define ‘sex’ at all, we’re just saying ‘What does it say on your birth certificate,’” DeGrandis explained.

While the law might mean students like Tirrell and Turmelle are required to play coed sports instead, that does not make the law unconstitutional. The law was crafted as a way to protect competitive fairness in girls sports, and to keep biological girls safe from possible injury, DeGrandis said.

“There was no discriminatory intent or animus. This was an attempt to solve legitimate problems, even if people disagree with the best way to do it,” DeGrandis said.

The appropriate remedy for those opposed to the law should not be in court, DeGrandis said, but in the democratic political process, who noted there is an election happening in a few months.

“The Court should not be making decisions for the legislature,”  he said.

McCafferty extended the temporary restraining order that allows Tirrell to practice and play soccer with the girls team for another two weeks. McCafferty could rule on an injunction the teens are seeking against the law during that time. That injunction would likely be in place through any trial.

A former Exeter High School student disciplined after he was falsely accused of using the wrong pronouns lost his lawsuit even though school officials lied on the stand, a judge ruled on Monday.

Rockingham Superior Court Judge Andrew Schulman quoted the band Buffalo Springfield (“There’s battle lines being drawn; Nobody’s right if everybody’s wrong”) and the movie “Casablanca” in his 18-page ruling that blasts school officials for their dishonest testimony.

Exeter High School Assistant Principal Marcy Dovholuk and Football Coach William Ball both testified during last year’s bench trial that the boy was suspended from the football team because he used supposedly inappropriate language like “bozo” and “STFU” in a text conversation and not because he allegedly misgendered another student. 

“The school officials’ purported shock at plaintiff’s use of the terms ‘bozo’ and ‘stfu’ has all the believability of Captain Renault’s famous exclamation of shock in Casablanca. Context is everything,” Schulman wrote.

But the student still lost his case because New Hampshire law does not allow public institutions like schools to be held accountable for violating civil rights unless there are at least monetary damages, according to Schulman’s ruling.

“Because New Hampshire law does not recognize a private cause of action for a political subdivision’s violation of a plaintiff’s State Constitutional rights in the absence of bodily injury, property damage, personal injury or statute, the court grants judgment to the defendants,” Schulman wrote.

Attorney Richard Lehmann, who represents the student and his mother, called Schulman’s ruling a partial victory because the judge found the facts favor his client, even if the law does not.

“My clients won this case on everything but the law. The court believed their testimony and did not believe the testimony of school officials when they said that they did not take any action against my client because he expressed his beliefs,” Lehmann told NHJournal.

The boy, who has since transferred to another school, is referred to as MP in the lawsuit to protect his identity. MP and his mother were seeking $1 in nominal damages from the school for violating his free speech and religious rights. The student’s belief in only two genders is informed by science and his Catholic faith. 

Christian advocacy organization, Cornerstone, backed  MP’s lawsuit, and plans to back his appeal to the New Hampshire Supreme Court.

“Cornerstone and its attorneys look forward to appealing this decision to the New Hampshire Supreme Court—which will be bound by the trial court’s findings of fact—and to securing a ruling that will protect free speech and religious liberty for all Granite State students,” said Cornerstone’s Executive Director Shannon McGinley.

MP’s beliefs became a problem in September 2021 when he was a freshman and a member of the high school football team. While talking to friends after school on a bus, MP expressed his belief there are only two genders, according to the fact Schulman recites in his ruling. Another student, referred to as AG, took offense to that comment even though she was not part of the conversation and the comment was not directed at her, according to the ruling.

“AG formed the opinion that [MP] had the subjective  belief that there are only two genders. In fact, that is exactly what [MP] believed. He follows what he represents  to be the Catholic religious doctrine that God created human beings as male or female,” Schulman wrote. “AG believed differently and she took it upon herself to correct [MP] by saying in a loud and somewhat aggressive tone of voice that there are more than two genders.”

MP disagreed and said he believed there are openly two genders, and the conversation on the bus ended there. However, AG did not want to let it go and got MP’s cell phone number. She then restarted the argument via text later that evening, according to the ruling. 

“How are you in high school and don’t know the difference between sex and gender? Give a valid reason why ‘there’s only 2 genders,’” AG demanded via text.

AG was seeking a fight when she sent the text unprompted, and continued to argue with MP into the night, according to Schulman.

“The court pauses to consider the import of AG’s text: She intruded upon the plaintiff’s private life by sending an  uninvited and borderline hostile text to him directly. She asked a question, thereby inviting a response. She had no reason to expect that the response would be an apology indicative of cheerful agreement with her point of view. The tenor of her text did not suggest a desire for an open exchange of views. At best AG was proselytizing; at worst she was berating,” Schulman wrote.

Throughout the following text discussion, MP seems to want to end the conversation without backing down from his views, while AG continued to push her views. During the argument AG condescended to MP for his “ignorance” on gender. For his part, MP seemed to want to end the argument.

“Just STFU and leave me alone. U brought this up knowing ur wrong bozo. So grow up and maybe then you’ll realize that there are only 2 genders and sexes,” MP wrote.

But AG would not let the matter go, according to the ruling. The next day she sent an email to Ball that made false accusations MP engaged in “extreme ” transphobic bullying, according to Schulman. Neither Ball nor any other school official bothered to investigate AG’s accusations before they took action against MP, according to Schulman. Based on testimony and evidence presented at the trial, Schulman found no evidence MP engaged in any transphobic bullying.

Dovholuk and Ball decided to punish MP for his alleged transphobia, but in a way that left no paper record, according to Schulman. Instead of a formal write-up, Ball was authorized to suspend MP from the football team for up to a week.

On the witness stand, both Ball and Dovholuk claimed the punishment was for using the disrespectful terms “bozo” and “STFU,” and not for stating he believes there are two genders.

“The court does not believe the school witnesses on this point. The school witnesses are honorable people in an honorable profession, but, in the court’s view, they were dishonest about their motivations,” Schulman wrote.

Neither Ball nor Dovholuk responded to a request for comment. SAU 16 Superintendent Esther Asbell is out of the office until July 30. School Board Chair Bill Gauthier declined to comment Monday, saying he had yet to read the ruling.

“She cannot get back the life that was stolen from her.”

And that’s why Amanda Stewart of Jaffrey is suing her former endocrinologist Dr. John Turco, along with Dartmouth-Hitchcock Health and others, who she says misled her into inappropriate “gender-affirming” surgeries and treatments that left her in pain and have ruined her life.

“Instead of protecting and properly treating Amanda, who was and remains an extremely vulnerable and unstable individual, these doctors and health care providers, and the organizations and facilities at which they worked, harmed her deeply under the pretense of providing so-called ‘gender-affirming  care,’” according to the lawsuit filed in Hillsborough Superior Court — South last week.

The suit names Turco, Dartmouth-Hitchcock, St. Joseph’s Hospital, Cheshire Medical Center, Monadnock Family Services, and several individual doctors for years of alleged malpractice Stewart says have “harmed her deeply.”

“She will never be able to conceive and bear a child. Even if she could conceive a child, she would never be able to breastfeed her child. She lives in daily pain from the effects of the unnecessary surgeries and years of taking enormous amounts of cross-sex hormones,” according to the lawsuit. “She will never look the same and has to deal daily with severe alterations to her female body, such as bone structure and unwanted body and facial hair. She cannot get back the life that was stolen from her.”

Josh Payne, with the Texas law firm Campbell Miller Payne, said Stewart wants the healthcare system held accountable for misleading her for more than a decade and changing her life for the worse.

“Amanda’s story is a heart-wrenching representation of the negligence and lack of proper procedure in the practice of so-called ‘gender-affirming care,’” Payne said.

Stewart had a troubled early life, starting when her mother died when she was 14. Stewart, who is autistic, struggled with anxiety, depression, and loneliness throughout her teen years, according to the lawsuit. That was made worse when she ended up in a group home for a period of time, according to the lawsuit.

She started seeing Turco in 2007 when she was 22, and he immediately started pushing gender-affirming care without proper consent or full disclosure of the potential impacts, according to the lawsuit. Start’s lawsuit claims Turco never gave her any other choice.

“Defendants recognized that Amanda was mentally fragile and suffering, such that she would not be an appropriate candidate for so-called gender transition medicalization under any criteria, but they proceeded to medicalize and operate on her anyway,” the lawsuit states. “Indeed, on or about December 11, 2007, Dr. Turco wrote to a counselor Amanda had seen and a primary care doctor for Amanda, stating, ‘I am really worried that [Amanda] does mostly suffer at the present time from some psychological issues other than [her] gender identity issues.’”

But Turco soon had her taking massive quantities of testosterone, bringing her level far above those of biological men, according to the lawsuit. 

“[I]n July 2011, Dr. Turco noted that Amanda’s testosterone level was ‘very high at 2,640 ng/dl with the normal adult male range being 241-827,’” the lawsuit states.

Stewart suffered several mental health crises, some resulting in stays in the New Hampshire Hospital, as her physiological symptoms worsened while taking testosterone, the lawsuit states. Throughout her time with Turco, he made several notes that her symptoms improved when she stopped taking the hormone, and yet he continued to prescribe it in high dosages, according to the lawsuit. 

She would go on, under Turco’s care, to get a double mastectomy as well as a hysterectomy and oophorectomy, to remove her uterus, ovaries, and fallopian tubes. She also had a procedure to close her vagina, according to the lawsuit.

Turco is known as a progressive advocate promoting sex reassignment procedures, receiving a “Lifetime Achievement Award” for social justice from Dartmouth last year.

But according to the lawsuit, Turco and other doctors who saw Stewart ignored the medical standards for gender-affirming care, such as the “Benjamin criteria,” which state cross-sex hormones “should not be administered without adequate psychological and medical assessment before and during treatment” and that problems should be well-controlled. 

“Yet these criteria were not remotely met in Amanda’s case according to the medical records produced prior to Plaintiff filing this lawsuit. “Amanda was not receiving testosterone with adequate psychological and medical assessment before and during treatment, and her problems were not well-controlled,” the lawsuit states.

These procedures were done without the psychological referrals necessary under the Benjamin criteria standards, according to the lawsuit. In fact, both surgeons who performed the procedures noted her impaired mental state when they saw her prior to the surgeries, according to the lawsuits.

Turco did not begin to question if Stewart was mentally competent to make decisions about her gender until 2016, after years of testosterone treatment and the surgeries. That was when Stewart had stopped taking the testosterone and stopped identifying as a man.

“Dr. Turco also noted that Amanda was not then living as a ‘transmale.’ Dr. Turco noted his belief that Amanda’s ‘underlying psychological issues’ made it ‘very hard for [her] to understand, evaluate and implement exactly what is [her] gender identity.’ Despite these observations, Dr. Turco continued to prescribe testosterone to Amanda,” the lawsuit states.

None of the doctors or counselors who saw Stewart questioned the care until she saw psychologist Dr. Carey Bluhm in 2019. At the time, Turco and staff at Dartmouth were pushing her to get more surgery.

“Dr. Bluhm expressed to Dr. Turco’s office his concerns that Amanda had Asperger’s and admitted to having ‘delusional events.’ Dr. Bluhm also expressed ‘reservations’ about additional plastic surgery procedures Dartmouth-Hitchcock staff had been meeting with Amanda about,” the lawsuit states.

Turco began acknowledging in 2021 that Stewart is, in fact, a woman despite the surgeries. In 2022, after she was taken to the hospital with suicidal ideation, Turco noted the testosterone treatments had “complications.”

Dartmouth Health did not respond to a request for comment. 

A biologically male athlete is expected to win big at the NHIAA indoor track championship this weekend while competing against girls. And there is currently nothing anyone can do about it. 

Not that Granite State Democrats want to. They’re opposing legislation to protect female athletes from male competitors. And one House Democrat dismissed concerns about the track meet as unimportant because it involves an “obscure competition.”

Kearsarge Regional High School sophomore Maelle Jacques, who competes on the Kearsarge girl’s team, has already racked up numerous first place wins competing against female athletes at other Division II schools over the past two seasons.

This season, Jacques dominated in the high jump competition and is the only athlete in the state competing in the girl’s division to break five feet. Competition among high school boys in New Hampshire has seen more than a dozen athletes break the five-foot mark this season.

Kearsarge Superintendent Winfried Feneberg released a statement declaring Jacques has the right to compete in any sport and as a member of any gender.

“Each student-athlete has the right to compete in the activity of their choice,” Feneberg said. “We believe that limiting access to any activity violates our core mission and vision, which are grounded in supporting every student and student-athlete’s right to pursue their goals and interests,”

Outspoken supporter of women’s athletics and 12-time All-American swimmer Riley Gaines responded to the Maelle Jacques story by calling out the athlete’s parents.

“How could the parents of this boy allow their son to cheat deserving women out of opportunities? And why don’t the parents of the girls stand up and say ‘no’ for their daughters?” Gaines posted on social media. “This country is full of failing, gutless mothers and fathers.”

The championship scheduled for Saturday at Plymouth State University is being held under the aegis of the New Hampshire Interscholastic Athletic Association. While NHIAA Executive Director Jeffrey Collins did not respond to requests for comment, the organization is fully supportive of allowing athletes to choose their gender for the purposes of competition.

“The NHIAA is committed to providing transgender student-athletes with equal opportunities to participate in NHIAA athletic programs consistent with their gender identity,” the NHII eligibility policy states. “The NHIAA has concluded that it would be fundamentally unjust and contrary to applicable state and federal law to preclude a student from participation on a gender-specific sports team that is consistent with the public gender identity of that student for all other purposes.”

Parents could change this if they started getting involved at the local school board level, said Shannon McGinley, executive director of Cornerstone Action.

“If school boards feared their constituents more than they feared (law firm) Drummond Woodsum and leftist superintendents, in a matter of months, we could have half the school districts in the state organized into an alternative NHIAA,” McGinley said. “The solution is for parents to stop accepting cowardly excuses from school board members who ran as conservative.”

Sen. Tim Lang (R-Sanbornton) is sponsoring SB 524 to address what he sees as the basic unfairness of male athletes forcing their way into sports for girls and women. Lang’s bill requires high school and college athletes to compete in the division that matches their biological sex at birth. 

“I’m a father of four kids, two of whom are girls, and I would not want my daughters bumped from a sports team because a biological male, who had a physiological advantage, chose to play on that sports team,” Lang said.

Biologically male athletes have inherent and obvious physical advantages against women and girls, he said. Medical science shows men have high bone density, more muscle mass, and even process oxygen differently than women, Lang said.

Rep. Timothy Horrigan (D-Dover) testified against SB 524 on Tuesday, arguing that “so-called ‘biological females’” did not need protection from males in their sports.

“We’re especially worried about cis women or cis girls, but this also prevents trans men from competing,” Horrigan said.

And Horrigan dismissed the case of Maelle Jacques because it involves an “obscure competition.”

“We don’t even know if she’s actually trans,” Horrigan said of Jacques, “but if she is, that’s certainly a very unfair thing [to keep her from competing]. A lot of these cases, they are pretty obscure competitions that normally sports fans wouldn’t be paying much attention to.”

Lang says his bill is not an attempt to create culture war headlines over people who suffer from gender dysphoria. He simply wants to protect women’s sports and preserve the mission of Title IX.

“This isn’t about gender; this is about biological sex,” Lang said.

Exeter High School Athletic District Bill Ball said the school respects all students.

But the attorney for an Exeter student who was punished for expressing his opinions about gender said the school needs to respect the rule of law.

During the bench trial in Rockingham Superior Court, Ball and Assistant Exeter High School Principal Marcy Dovholuk explained why they punished a Catholic student for what was a private text sent outside of school.

The football coach benched the freshman student for one game in 2021 over a discussion he had with a classmate. He is seeking $1 in damages. He also wants Ball to admit wrongdoing. The student insists he was punished for defending his view that there are only two genders, male and female.

His attorney, Richard Lehmann, told NHJournal Exeter is another example of New Hampshire school districts running roughshod over anyone who disagrees with the new, extreme gender mores.

“It’s bad enough that children are made to feel uncomfortable expressing traditional views on matters related to gender in school,” Lehmann said. “Or when schools announce they will lie to parents about their children’s in-school gender expression, as Manchester, Exeter, and other schools do. But it’s made even worse when schools reach beyond their gates and into children’s private lives and seek to control their behavior at home or in private communications with other kids that happen entirely outside of any context related to the school,” Lehmann said.

Lehamann’s client, John Doe, is using a pseudonym to protect his identity. He has since left Exeter and is enrolled at a Catholic high school. Doe testified he was talking with friends on a bus after school about another student who claimed to be “non-binary” during Spanish class. Doe testified he thought that odd since the Spanish language relies on feminine and masculine genders.

The non-binary student was not involved or aware, of the conversation at the time.

Instead, a female classmate who was not part of the conversation later confronted Doe, insisting that humans come in more than two genders. Doe and this female student then got into a heated conversation, with Doe arguing the mainstream stance that there are two sexes. Doe based this view on both science and his religious beliefs.

The girl texted him later that evening to continue the argument. At one point, Doe told the girl to “STFU,” which he testified was an attempt to be funny.

The next day, Doe was called in by Dovholuk and informed he would be punished for the conversation he had the night before over text. Dovholuk claimed the punishment was for bullying and bad language and not Doe’s beliefs regarding gender.

“At Exeter, we respect people, and we respect how they identify,” Dovholuk reportedly said.

Ball testified he told Doe, “We respect all.”

Lehmann said the United States Supreme Court already ruled that schools cannot punish students for things they say off campus. In June 2021, the High Court ruled against a Pennsylvania high school that suspended cheerleader Brandi Levy for using the f-word in a social media video about the cheer team.

“Three months before the facts of this case arose, the United States Supreme Court dismissed an athletic sanction imposed by a coach because the authority of the athletic department to penalize students for engaging in free speech could only extend to off-campus, non-school activities in rare circumstances,” Lehmann said.

In its ruling, the Supreme Court ruled that school districts cannot police students’ speech when they are not in school.

“From the student speaker’s perspective, regulations of off-campus speech, when coupled with regulations of on-campus speech, include all the speech a student utters during the full 24-hour day. That means courts must be more skeptical of a school’s efforts to regulate off-campus speech, for doing so may mean the student cannot engage in that kind of speech at all,” the justices wrote.

The Doe case is now being considered by Judge Andrew Schulman, who is expected to render a verdict in the coming weeks. Doe is doing well at his new school, Lehmann said.

“He is a great kid from a terrific family, and Exeter High School is a lesser place because of his absence.”

A New Hampshire family said in a new lawsuit their daughter is one of the victims in the child sex abuse image case brought against former Democratic state Rep. Stacie Laughton and Laughton’s girlfriend, Lindsay Groves.

Both Laughton, 39, and Groves, 38, are currently held without bail on child sex abuse image charges out of state and federal courts. Groves used her position at Creative Minds daycare in Tyngsborough, Mass., to take explicit nude photos of children and text them to Laughton, according to court records.

The family also suspects their daughter was sexually abused by Groves, according to the lawsuit.

Filed in Middlesex Superior Court in Massachusetts, the lawsuit claims the New Hampshire child was the subject of sexually explicit photos Groves took while she was enrolled at Creative Minds. 

Creative Minds is owned by Maura Sheehy Costello and Erica Jussaume of Massachusetts, with daycare center branches in Dracut and Tyngsborough. Neither could be reached for comment.

According to the suit, Sheehy Costello and Jussaume allowed Groves access to the children at the daycare despite the fact that Groves was repeatedly reported for inappropriate behavior. The family is suing the business owned by Sheehy Costello and Jussaume for negligence in hiring Groves and keeping her employed despite the red flags.

“As a result of the Defendant’s neglect, the Plaintiffs have reason to believe that their daughter may have been sexually exploited by Lindsay Groves while the minor was under the care of Creative Minds,” the lawsuit states.

The family is being kept anonymous in the legal filings, with the father and mother referred to as John and Jane Doe, and the child referred to as Jane Doe. They are represented by Lowell attorney Roger Peace. Peace did not respond to a request for comment.

This is the second lawsuit brought against Creative Minds since Groves and Laughton were arrested in June.

A Massachusetts mother filed a lawsuit against Creative Minds last month alleging her young son was sexually molested by Groves at the Tyngsborough center. That lawsuit also alleges Sheehy Costello and Jussaume were told about Groves inappropriately touching children in 2018 and told she was taking explicit photos in 2022, and yet she remained on the job.

According to court records in the criminal case, Groves and Laughton exchanged approximately 10,000 text messages over the past 18 months, including numerous explicit photos of the children Groves was caring for at the facility. During one text message conversation, the pair discussed raping children, and Laughton appeared to admit having raped a child in the past.

“LAUGHTON: I was asking because I know we’ve had some back-and-forth, and I know we initially said we do nothing with kids ever again, and you said you were afraid that if we had kids if they would go back and tell the parents the same with the kids you work with.”

In the same exchange, Laughton and Groves discussed the possibility of raping children at Creative Minds.

“GROVES: I want to do it with the kids at work 

GROVES: than you can put your **** inside them

GROVES: I wasn’t being serious about the kids running back and telling their parents 

GROVES: Plus, I want to do it with kids who use to come here cause they can enjoy it 

LAUGHTON: Well, I know but you were afraid that the kids at work might tell their parents and we said we would do it if we knew we were not gonna get caught and I was just wondering like like basically you have no problem with that…”

Laughton became New Hampshire’s first transgender elected official in 2012 but is now more famous for a career of criminal exploits. Laughton, a Democratic state representative, was forced to resign shortly after the 2012 election when it was learned the erstwhile lawmaker was still on probation for a felony theft conviction. Laughton has also been charged with stalking and making bomb threats.

Laughton was reelected to a Nashua House seat in 2020 and, after winning reelection again in 2022, spent weeks in jail after being charged with stalking and harassing Groves, according to court records.

Though Laughton and Groves remain at Valley Street Jail in Manchester pending trial, Groves was recently deemed safe for release by a federal judge. The Boston Office of the United States Attorney is appealing that decision. Groves is staying locked up until the appeal is heard.

The Hudson woman who allegedly supplied former Democratic State Rep. Stacie Laughton with child sex abuse images is set to be freed from jail.

A federal judge ruled Lindsay Groves, 38, can remain out of jail pending her trial on charges of sexual exploitation of children, aiding and abetting, and distribution of child pornography so long as she meets certain conditions.

Laughton, 39, faces identical federal and state charges of distributing child sex abuse images. Laughton, who identifies as transgendered, is being held without bail in the male population at Valley Street Jail in Manchester.

A federal judge ruled last week that Groves can be released safely, meaning she would not be a danger to the community so long as she lives with her parents, has no contact with children, and does not use an iPhone or other internet-connected devices.

“Critically, however, the court finds that conditions of release can be fashioned to address this risk and reasonably assure the safety of the community,” the ruling states.

Prosecutors with the U.S. Attorney’s Office in Boston will appeal this order. Groves will remain locked up until another judge hears the appeal and rules on the potential release. Groves is also being held at the Valley Street Jail with the female population.

Investigators said Groves used her job at Creative Minds Daycare in Tyngsborough, Mass., to access young children for the graphic photos she shared with Laughton. Court records released in the case include a text conversation with a seeming admission from Laughton that the pair had raped children in the past and planned to do it again.

Groves and Laughton were arrested last month in the child sex abuse image case, a culmination of their twisted relationship. In recent years, the pair have been involved in multiple court cases and no contact orders. One case last year landed Laughton in jail for stalking Groves right after Laughton had won re-election to the legislature. According to the court records in the stalking case, Laughton was publicly calling Groves a pedophile and using social media to amplify that accusation.

As Laughton was receiving the child sex abuse photos from Groves, the disgraced lawmaker was engaging in sexually explicit text conversations with Groves about having sex with children, according to court records. Laughton started showing other people the photos being sent by Groves last month, and texting the photos to those people, according to the complaint filed in federal court. The people who got the photos were disturbed by the images and reported the matter to the police, according to the complaint.

Laughton became New Hampshire’s first elected transgender state representative in 2012 and was praised by New Hampshire Democratic Party Chair Ray Buckley as part of the “backbone of the Granite State.”

Officials at Hillsborough County’s Valley Street Jail say former Democratic state representative and current inmate Stacie Marie Laughton is male.

What they won’t say is whether Laughton — who identifies as a female — is being housed in the male population or whether they are keeping the convicted stalker charged with the sexual exploitation of children in the women’s population.

Laughton, 39, is being held without bail after being arrested last month on charges of distributing child sex images in a case involving Lindsay Groves, a daycare employee and Laughton’s lover. 

According to court records, Groves took explicit photos of children in the daycare and texted them to Laughton. The couple then engaged in graphic conversations about child rape. In one text, Laughton seemingly admitted to raping a child. Groves is accused of inappropriately touching children in a civil lawsuit.

In multiple conversations with NHJournal, Valley Street Jail Superintendent Joseph Costanzo refused to disclose if Laughton is being housed with men or women.

“It’s a security practice,” Costanzo said. “We don’t disclose where any inmate is housed.”

From the Hillsborough County Valley Street jail records regarding the incarceration of former Dem Rep. Stacie-Marie Laughton in July, 2023.

In fact, the location of male and female inmates who don’t claim transgender status is a matter of public information. Costanzo appeared to be making a policy exception for the former representative.

Costanzo was hired by the three members of the Hillsborough County Commission. The fact county officials are trying to keep Laughton’s status secret is a sign the alleged sexual criminal is being kept in the women’s population. If that is the Hillsborough County policy, it is a matter of concern to state Rep. Katherine Prudhomme O’Brien (R-Derry).

“If you are a man who is predatory, what would keep you from saying you’re trans in order to be more predatory in a prison situation,” Prudhomme O’Brien said. “You have to be naive to think that doesn’t happen.”

According to published reports, abuse against female inmates by transgender inmates is happening in prison systems across the country. After Gov. Gavin Newsome (D-Calif.) liberalized the rules to allow more trans-identifying inmates to transfer to women’s prisons in California, female inmates said they had been raped and assaulted. In a class action lawsuit brought by several female inmates, the women said predatory men are taking advantage of the system in order to commit rape.

In one particularly disturbing case, a twice-convicted baby killer is now incarcerated in the same facility as the mother of his children, whom he killed.

Transgender inmates have also been accused of raping female inmates in New York and Illinois, and one transgender inmate in New Jersey recently got two female inmates pregnant.

According to the booking information for Laughton’s latest stay at the county jail, Laughton is listed as a biological male. 

Costanzo said information about Laughton’s incarceration is too sensitive to make public. However, he has yet to cite any specific county, state, or federal policy that requires information about Laughton’s housing to be kept from the public. Disclosing whether or not Laughton is being housed with men or women would not reveal specific cell assignments or work details.

As for housing transgender inmates at Valley Street Jail in general, Costanzo said the Hillsborough Department of Corrections adheres to the Prison Rape Elimination Act, or PREA.

“We follow the PREA guidelines and house all inmates accordingly. We make sure to comply with any standards within that guideline.”

PREA was enacted in 2003, but the United States Department of Justice issued the first set of PREA guidelines for jails and prisons in 2012. Under PREA, corrections facilities will place transgender inmates into housing corresponding to their gender identity after a round of screening.

Last year, the Biden administration enacted rules to make it easier for transgender inmates to transfer to the gender population corresponding to their stated identity. 

Prudhomme O’Brien understands New Hampshire prison and jail officials are in a tough spot when it comes to trying to keep all prisoners safe while following federal guidelines, like PREA.

“I know it’s really hard to eliminate prison rape because prison is full of rapists,” Prudhomme O’Brien said.

Stacie Laughton is a convicted sexual predator who stalked a woman and is now accused of heinous crimes against children. Is the former Democratic state representative now incarcerated with women? One GOP House member who served with Laughton is trying to find out.

The placement of transgender inmates, like former Democratic Rep. Stacie Laughton, in New Hampshire jails is up to individual jail administrators as well as the specific medical status of the inmate.

Laughton is currently being held without bail in Valley Street Jail in Manchester for alleged trafficking in child sex abuse images supplied by Laughton’s lover, Lindsay Groves. According to reports, Groves and Laughton are currently jailed at Valley Street pending their trials. 

Valley Street’s superintendent, Joseph Costanzo, did not respond to a request for comment on Laughton’s placement. 

However, Rep. Katherine Prudhomme O’Brien (R-Derry) told NHJournal she had concerns about the safety of women who might be incarcerated with an alleged sexual predator like Laughton, saying she had reached out to the superintendent.

“The superintendent reiterated to me that he can’t tell me where they both are housed and that it’s a security concern,” O’Brien said. “He only shared that they are following federal guidelines of The Prison Rape Elimination Act regarding intersex, binary and trans inmates.

“I am not happy with this lack of information as I do think this is a safety concern for female inmates,” O’Brien added. “Or maybe I should say ‘guests’ as a corrections officer in the state prison told me that’s the new term.”

New Hampshire’s Department of Corrections does not automatically house transgender women in the female population or transgender men in the male population. Hillsborough County Jail is unaccredited and does not follow published guidelines for housing transgender inmates.

In New Hampshire, decisions on transgender inmate housing are generally made on a case-by-case basis. The placement of those individuals tends to correspond with biological sex unless the individual is far along in treatment for a medical sex change, though there are exemptions to allow transgender-identifying individuals to be housed with the gender of their preference despite a lack of medical transition progression.

A legislative effort to tighten up the exemptions for incarcerated people,  HB 1180, “Relative to State Recognition of Biological Sex,” failed last year. The bill would have allowed the Department of Corrections to keep transgender individuals housed with members of their biological sex. Laughton missed the House vote to table the bill in March of last year.

Laughton, born Barry Laughton, has been identifying as Stacie Laughton since at least 2012 when Laughton became the state’s first elected transgender lawmaker. It was not clear how far Laughton’s medical transition had progressed. Laughton appears to be balding with many masculine features, though the convicted felon wears makeup and clothing traditionally identified with women. 

Laughton was married for many years to Lisa Laughton, the alleged co-conspirator in the 2008 fraud case that resulted in the felony conviction that temporarily derailed Laughton’s political career. Laughton has also conducted a long-term sexual relationship with Groves. Both Groves and Lisa Laughton are biological women. 

Laughton and Groves were both arrested last month in the child sex abuse image case. Groves allegedly used her position at Massachusetts daycare facility, Creative Minds in Tyngsborough, to take explicit photos of young children. Groves would then text the images to Laughton.

Laughton and Groves shared approximately 10,000 text messages, at times engaging in graphic discussions about raping children. At one point, Laughton seemingly admitted to past child rape in one conversation, according to court records.

A civil lawsuit filed in Massachusetts alleges Groves herself molested children at the daycare, as well as taking the photos.

Groves and Laughton are facing federal charges connected to the case. Laughton is facing state charges as well.