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HB 1217 - AS INTRODUCED
2026 SESSION
26-2710
12/08
HOUSE BILL
1217
AN ACT
permitting classification of individuals based on biological sex under certain limited circumstances.
SPONSORS: Rep. Peternel, Carr. 6; Rep. Reinfurt, Hills. 29; Rep. Notter, Hills. 12; Rep. Prudhomme-O'Brien, Rock. 13; Rep. DeVito, Rock. 8; Rep. Thibault, Merr. 25; Rep. Barbour, Hills. 35; Rep. D. Kelley, Hills. 32; Rep. Moffett, Merr. 4; Rep. DeRoy, Straf. 3
COMMITTEE: Judiciary
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ANALYSIS
This bill permits the public and private classification of individuals based on biological sex in multi-user lavatory facilities and in athletic competitions where biological males have a competitive advantage. The bill also establishes that these forms of separation based on biological sex do not qualify as discrimination.
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Explanation: Matter added to current law appears in
bold italics.
Matter removed from current law appears [
in brackets and struckthrough.
]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26-2710
12/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
AN ACT
permitting classification of individuals based on biological sex under certain limited circumstances.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Title and Purposes of Chapter; Biological Sex Discrimination Limited. Amend RSA 354-A:1 to read as follows:
354-A:1 Title and Purposes of Chapter.
I.
This chapter shall be known as the "Law Against Discrimination." It shall be deemed an exercise of the police power of the state for the protection of the public welfare, health and peace of the people of this state, and in fulfillment of the provisions of the constitution of this state concerning civil rights. The general court hereby finds and declares that practices of discrimination against any of its inhabitants because of age, sex, gender identity, race, creed, color, marital status, familial status, physical or mental disability or national origin are a matter of state concern, that such discrimination not only threatens the rights and proper privileges of its inhabitants but menaces the institutions and foundation of a free democratic state and threatens the peace, order, health, safety and general welfare of the state and its inhabitants. A state agency is hereby created with power to eliminate and prevent discrimination in employment, in places of public accommodation and in housing accommodations because of age, sex, gender identity, race, creed, color, marital status, familial status, physical or mental disability or national origin as herein provided; and the commission established hereunder is hereby given general jurisdiction and power for such purposes. In addition, the agencies and councils so created shall exercise their authority to assure that no person be discriminated against on account of sexual orientation.
II. The general court also finds that, notwithstanding New Hampshire's fundamental commitment to treat all persons without discrimination and with equal dignity and respect, which commitment the legislature fully accepts and strongly endorses, there are certain limited circumstances in which classifications of persons based on biological sex is proper because such classification serves the compelling state interests of protecting the privacy rights and physical safety of such persons and others. The legislature finds that permitting classification of persons based upon biological sex serves this compelling state interest in the 3 circumstances described in RSA 354-A:25-a.
2 New Sections; Classification by Biological Sex Permitted. Amend RSA 354 by inserting after section 25 the following new sections:
354-A:25-a Classification by Biological Sex Permitted.
It shall not constitute unlawful discrimination under this chapter or any other law for a public or private entity to separate individuals based by biological sex with respect to the following matters:
I. In the construction, maintenance, operation, and use of lavatory facilities or locker rooms designed for usage by multiple persons at the same time, even if such facilities have individual urinals, stalls, or similar apparatuses.
II. In athletic or sporting events or competitions in a sport or similar activity in which physical strength, speed, or endurance is generally recognized to give an advantage to biological males.
354-A:25-b Biological Sex Defined. For the purposes of this subdivision, "biological sex" shall mean the male and female biological sexes.
354-A:25-c Classification by Biological Sex Optional. Within this subdivision no public or private entity is required to separate persons based upon biological sex.
3 Effective Date. This act shall take effect 60 days after its passage.