Citizen in a RepublicNH Bill Briefing
← All bills

SB 459 · 2026 · Senate · Judiciary Committee

Biological sex exemption in discrimination law

AI-generated

(New Title) exempting classification of individuals based on biological sex from the definition of an unlawful discriminatory practice in certain limited circumstances.

Defines 'biological sex' in state law and excludes classification of individuals by biological sex in athletic competitions and in facilities for involuntary commitment from the definition of unlawful discrimination.AI-generated

Status

Killed in the House — Inexpedient to Legislate · April 23, 2026
  1. ✓Introduced
  2. ✓Senate
  3. ✕House
  4. Governor
  5. Law

Analysis

This bill requires school athletics and the associated use of locker rooms be designated based on a participant's biological sex as assigned at birth. The bill also requires that inmates in New Hampshire state prisons be housed separately on the basis of inmates' biological sex.

From the bill's official ANALYSIS section.

Official record

Bill page — docket & status

gc.nh.gov · the authoritative source

Sponsors

Sen. Bill GannonRPrimeChair· Judiciary
  • Sen. Victoria SullivanRVice Chair· Education
  • Sen. Howard PearlRChair· Executive Departments and Administration
  • Sen. Daryl AbbasRVice Chair· Judiciary
  • Sen. Keith MurphyRDeputy President Pro Tempore
  • Sen. Daniel InnisRChair, Majority Policy Conference
  • Rep. JD BernardyRClerk· Science, Technology and Energy

Also: Sen. Tim McGoughR, Rep. Melissa LitchfieldR, Rep. Mark PearsonR, Rep. Lilli WalshR

Public testimony

422 signed in online · 89 wrote testimony

5% support95% oppose0% neutral

ForPreserves fairness in women's and girls' sports

AgainstRepeats bills already vetoed twice by the Governor

AI-generatedLeading arguments, summarized by the testimony tool.

Read the arguments

In their wordsVerbatim, exactly as submitted

“New England Women's Solidarity supports the establishment of sports categories based upon biological sex. Women and girls deserve fairness in their own sports.…”
— Jennifer Gingrich, Portland · New England Women's Solidarity (Co-Director)supports
“This is a Bill about protecting Biological Women. Trans. Individuals have rights, but their rights should not supersede those of others. We need to protect women they should not have to be subjected to a biological male in the locker room space”
— Chris Sanborn, Plymouthsupports
“The current version is a good first step, but it is too narrow. It does not yet protect everyday restrooms, locker rooms, showers, and changing areas for women, girls, or men and boys.…”
— Michael King, Deeringsupports
“My name is Jaclyn Blute. I'm a New Hampshire resident, a writer, a queer person, and someone who has spent years working at the intersection of people-first values and data-driven inclusivity.…”
— Jaclyn Blute, Manchesteropposes
“It's live free or die, stop trying to take freedom from our lgbtq residences, stop trying to penalize our poor. This is not how we build a prosperous and happy state.”
— Katrina Lacerte, Manchesteropposes
“Governor Ayotte already vetoed similar legislation twice. Public testimony overwhelmingly opposed similar legislation. Please stop continuing to waste time on this culture war issue, and move on to bills that improve the lives of all Granite Staters.”
— Dan Watkins, Derryopposes

Verbatim excerpts of submitted testimony, quoted from the testimony tool.

Read the testimony · as of Aug 12, 2026

Hearings

  • 2026-02-111:00 pmSenate JudiciarySH 103Public hearing
  • 2026-04-0810:00 amHouse JudiciaryGP 230Public hearing

Legislative history

  1. Jan 7, 2026SenIntroduced 01/07/2026 and Referred to Judiciary; SJ 1
  2. Feb 11, 2026SenHearing: 02/11/2026, Room 103, SH, 01:20 pm; SC 5
  3. Mar 26, 2026SenCommittee Report: Ought to Pass with Amendment # 2026-1217s, 03/26/2026, Vote 3-1; SC 11
  4. Mar 26, 2026SenSpecial Order to the end of the Calendar, Without Objection, MA; 03/26/2026; SJ 7
  5. Mar 26, 2026SenCommittee Amendment # 2026-1217s, AF, VV; 03/26/2026; SJ 7
  6. Mar 26, 2026SenSen. Lang Moved Reconsideration on the Previous Vote, RC 15Y-9N, MA; 03/26/2026; SJ 7
  7. Mar 26, 2026SenCommittee Amendment # 2026-1217s, AA, VV; 03/26/2026; SJ 7
  8. Mar 26, 2026SenOught to Pass with Amendment #2026-1217s, RC 15Y-9N, MA; OT3rdg; 03/26/2026; SJ 7
  9. Mar 26, 2026HouseIntroduced (in recess of) 03/26/2026 and referred to Judiciary HJ 9 P. 2
  10. Apr 8, 2026HousePublic Hearing: 04/08/2026 10:00 am GP 230
  11. Apr 8, 2026HouseExecutive Session: 04/08/2026 10:30 am GP 230
  12. Apr 8, 2026HouseCommittee Report: Inexpedient to Legislate 04/08/2026 (Vote 18-0; CC)
  13. Apr 23, 2026HouseInexpedient to Legislate: MA VV 04/23/2026 HJ 11 P. 10

Coverage

No reporting linked yet.

Documents (PDF)

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