New Hampshire follows Trump's transgender sports executive order despite lawsuit from two trans athletes

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New Hampshire is following President Donald Trump's executive order to prohibit transgender athletes from competing against girls and women.

Prior to the order, according to New Hampshire Public Radio, the New Hampshire Interscholastic Athletic Association deferred to athletes and their districts on their eligibility.

But the association reversed course, citing a potential lack of federal funding.

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A bill passed in New Hampshire in May that would ban transgender athletes, grades 5-12, from participating based on gender identity. (Fox News)

"In light of these developments, the NHIAA has consulted with legal counsel and determined that it would be prudent to further clarify the NHIAA’s requirements," association Executive Director Jeffrey Collins wrote, adding schools have a responsibility to "comply with state and federal law."

WCAX noted that a statement from the Department of Education "commend[ed] the New Hampshire Interscholastic Athletic Association for changing its policies that allowed students to play on a team that matched their gender identity, not biological sex."

Former New Hampshire Gov. Chris Sununu signed the state's Fairness in Women’s Sports Act in July, but a lawsuit filed by the families of trans athletes followed and remains active.

The suit alleges the New Hampshire law Sununu signed violates constitutional protections and federal laws because the teens are being denied equal educational opportunities and are being discriminated against because they are transgender. 

GOP Gov. Chris Sununu of New Hampshire speaks with Fox News Digital at the Republican Governors