SB 38 · 2025 · Senate · Judiciary Committee
State definition of biological sex
AI-generatedrelative to state recognition of biological sex.
Defines the term 'biological sex' and provides that certain designations made by biological sex do not constitute unlawful discrimination.AI-generated
Status
Killed in the Senate — Inexpedient to Legislate · November 3, 2025- ✓Introduced
- ✕Senate
- House
- Governor
- Law
Analysis
This bill provides a definition for "biological sex" and provides that certain designations by biological sex do not constitute unlawful discrimination.
From the bill's official ANALYSIS section.
In the bill's words
Quoted verbatim from the bill as introduced. Passages chosen from the operative text.Computed by this site
“Nothing in RSA 5-C:87, RSA 260-263, RSA 354-A, or any other law or regulation shall mean that it is unlawful discrimination based on sex or gender identity for any person or organization, public or private, to classify based on biological sex with respect to the following matters:”
“In the operation, maintenance, and use of facilities designed for usage as prisons, houses of correction, juvenile detention or commitment centers, mental health hospitals or treatment centers and like facilities to which persons may be committed involuntarily.”
Official record
gc.nh.gov · the authoritative source
Sponsors
- Sen. Timothy LangRMajority Whip
- Sen. Daryl AbbasRVice Chair· Judiciary
- Sen. Bill GannonRChair· Judiciary
- Sen. Daniel InnisRChair, Majority Policy Conference
- Sen. Keith MurphyRDeputy President Pro Tempore
- Sen. Howard PearlRChair· Executive Departments and Administration
- Sen. Victoria SullivanRVice Chair· Education
- Rep. Shane SiroisRClerk· Legislative Administration
- Rep. Diane PauerRChair· Municipal and County Government
Also: Sen. Tim McGoughR, Rep. Jim KofaltR, Rep. Glenn CordelliR
Public testimony
No one submitted online testimony on this bill. See the record
Votes
yeanay- Mar 27, 2025SenateCommittee report: Ought to Pass3–2Overall60% yea
- Mar 27, 2025SenateVoice voteSen. Gannon Moved Laid on Tableadopted
Hearings and debates
- Mar 27, 2025Floor debateSenate floor11:54–12:1824slocated in the stream transcriptCommittee Report: Ought to Pass; Pending Motion Ought to Pass; Special Order to to the Beginning of the Regular Calendar, Without Objection
Timestamps locate where this bill is taken up in the chamber's YouTube stream.
Legislative history
- Jan 8, 2025SenIntroduced 01/08/2025 and Referred to Judiciary; SJ 2
- Feb 13, 2025SenHearing: 02/13/2025, Room 100, SH, 02:45 pm; SC 9A
- Mar 27, 2025SenCommittee Report: Ought to Pass, 03/27/2025, Vote 3-2; SC 14
- Mar 27, 2025SenSpecial Order to to the Beginning of the Regular Calendar, Without Objection; 03/27/2025; SJ 9
- Mar 27, 2025SenSen. Gannon Moved Laid on Table, MA, VV; 03/27/2025; SJ 9
- Mar 27, 2025SenPending Motion Ought to Pass; 03/27/2025; SJ 9
- Oct 31, 2025SenInexpedient to Legislate, Senate Rule 3-23, 10/31/2025; SJ 1
Coverage
No reporting linked yet.
Background reading
Evergreen reading on the policy area — spanning perspectives — not coverage of this specific bill.
PolitiFact — Nonpartisan fact-checking outlet's state-by-state rundown of laws restricting transgender access to bathrooms and other sex-segregated facilities.AI-generated
- Transgender athlete laws by state: Legislation, science, moreNational context
ESPN — Overview of the state sports-eligibility laws sweeping the country, with the scientific and legal debates behind them.AI-generated
Office of U.S. Senator Mike Lee — Compilation of arguments from sponsors and advocates making the fairness-and-privacy case for defining sports eligibility by biological sex.AI-generated
American Civil Liberties Union — Civil-liberties group's account of the Title IX and Equal Protection challenges to sports bans and their effect on transgender students.AI-generated
Pew Research Center — National survey data on shifting public attitudes toward transgender sports and bathroom policies.AI-generated
- SB 268 (2025)NH context
Citizens Count — Nonpartisan New Hampshire civic guide's summary of the bill creating sex-based exceptions for facilities, sports, and treatment centers.AI-generated
Documents (PDF)
Bill text & amendments link direct to gc.nh.gov; committee reports stream from the state record.