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SB 268 · 2026 · Senate · Judiciary Committee

Biological sex classification standards

AI-generated

permitting classification of individuals based on biological sex under certain limited circumstances.

Defines 'biological sex' and specifies that certain designations based on biological sex do not constitute unlawful discrimination.AI-generated

Status

Vetoed by the governor — the override vote has not been held yet · February 17, 2026
  1. ✓Introduced
  2. ✓Senate
  3. ✓House
  4. Governor
  5. Law

Governor's veto message

“I vetoed a nearly identical bill to this one last year. I made it clear this issue needed to be addressed in a thoughtful, narrow way that protects the privacy, safety, and rights of all Granite Staters. Unfortunately, there is minimal difference between Senate Bill 268 and the bill I vetoed last year, which Governor Sununu vetoed the year prior.”
— Gov. Kelly Ayotte · Feb 6, 2026 · excerpt
Governor's press release

A passage from the Governor's veto message, quoted verbatim. The full message enters the record on veto day.

Analysis

This bill permits classification of individuals based on biological sex in lavatory facilities and locker rooms, sporting competitions, and detention facilities.

From the bill's official ANALYSIS section.

In the bill's words

Quoted verbatim from the bill as passed by both chambers.

“there are certain limited circumstances in which classification 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.”
RSA 354-A:1, II

This legislative finding states the rationale for the bill: that sex-based classification advances privacy and safety interests in specified settings.AI-generated

“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:”
RSA 354-A:25-a, I

This operative clause declares that sex-based classification in listed contexts does not constitute unlawful discrimination under state anti-discrimination law.AI-generated

“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.”
RSA 354-A:25-a, I(b)

The bill designates athletic competition as one of three settings where classifying by biological sex is expressly permitted.AI-generated

““Biological sex” shall mean the male and female biological sexes. This section does not mean that any public or private entity is required by state statute to separate persons based upon biological sex.”
RSA 354-A:25-a, II

The bill defines the key term while clarifying it permits, but does not mandate, sex-based separation.AI-generated

Official record

Bill page — docket & status

gc.nh.gov · the authoritative source

Sponsors

Sen. Kevin AvardRPrimeDeputy Majority Whip
  • Sen. Timothy LangRMajority Whip

Public testimony

No one submitted online testimony on this bill. See the record

Hearings and debates

Timestamps locate where this bill is taken up in the chamber's YouTube stream.

Votes

yeanay
Starting text: Bill as introduced
  • Mar 27, 2025SenateCommittee report: Ought to Pass with Amendment # 2025-1118s3–2
    Overall
    60% yea
  • Mar 27, 2025SenateVoice voteCommittee amendment 2025-1118sadopted
  • Mar 27, 2025SenateRoll callOught to Pass with Amendment #2025-1118sAdopted16–8
    Overall
    67% yea
    Resulting text: Bill as amended by the Senate
  • Nov 12, 2025HouseCommittee report· regular calendar: Ought to Pass10–7
    Overall
    59% yea
  • Jan 8, 2026HouseRoll callOught to PassAdopted185–159How they voted
    Overall
    54% yea
    Party-line vote
    Republicans
    184–299% yea
    Democrats
    1–1561% yea
    Other
    0–10% yea

Legislative history

  1. Jan 9, 2025SenIntroduced 01/09/2025 and Referred to Judiciary; SJ 3
  2. Feb 13, 2025SenHearing: 02/13/2025, Room 100, SH, 02:30 pm; SC 9A
  3. Mar 27, 2025SenCommittee Report: Ought to Pass with Amendment # 2025-1118s, 03/27/2025, Vote 3-2; SC 14
  4. Mar 27, 2025SenSpecial Order to the Beginning of the Regular Calendar, Without Objection; 03/27/2025; SJ 9
  5. Mar 27, 2025SenCommittee Amendment # 2025-1118s, AA, VV; 03/27/2025; SJ 9
  6. Mar 27, 2025SenWithout Objection, Sen. Birdsell Moved the Question; 03/27/2025; SJ 9
  7. Mar 27, 2025SenOught to Pass with Amendment #2025-1118s, RC 16Y-8N, MA; OT3rdg; 03/27/2025; SJ 9
  8. Mar 27, 2025HouseIntroduced (in recess of) 03/27/2025 and referred to Judiciary HJ 11 P. 113
  9. Apr 16, 2025HousePublic Hearing: 04/16/2025 10:30 am LOB 206-208
  10. Apr 23, 2025HouseExecutive Session: 04/23/2025 10:00 am LOB 206-208
  11. Apr 24, 2025HouseRetained in Committee
  12. Sep 10, 2025HouseFull Committee Work Session: 09/10/2025 10:00 am GP 230
  13. Nov 12, 2025HouseExecutive Session: 11/12/2025 10:00 am GP 230
  14. Nov 12, 2025HouseMajority : Ought to Pass 11/12/2025 (Vote 10-7; RC) HC 51 P. 40
  15. Nov 19, 2025HouseMinority : Inexpedient to Legislate
  16. Jan 8, 2026HouseOught to Pass: MA RC 185-159 01/08/2026 HJ 2 P. 49
  17. Jan 8, 2026HouseEnrolled (in recess of) 01/08/2026 HJ 3
  18. Jan 7, 2026SenEnrolled Adopted, VV, (In recess 01/07/2026); SJ 2
  19. Feb 6, 2026SenVetoed by Governor 02/06/2026

Coverage

Background reading

Evergreen reading on the policy area — spanning perspectives — not coverage of this specific bill.

Documents (PDF)

Bill text & amendments link direct to gc.nh.gov; committee reports stream from the state record.