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HB 1442 · 2026 · House · Judiciary Committee

Vetoed biological sex facility rules

AI-generated

(New Title) permitting classification of individuals based on biological sex under certain limited circumstances.

As amended, this bill defines "biological sex" in state law and provides that classifying people by biological sex in lavatory facilities, athletic competitions, and detention facilities does not constitute unlawful discrimination; the bill was vetoed.AI-generated

Status

Vetoed; the override vote failed, so the veto stands · August 19, 2026
  1. ✓Introduced
  2. ✓House
  3. ✓Senate
  4. ✕Governor
  5. Law

Governor's veto message

“This bill is nearly identical to the Senate bill I vetoed last month, as well as two other bills I have vetoed. These bills are overly broad, poorly drafted, and create the potential for substantial litigation. For these reasons, I have vetoed House Bill 1442.”
— Gov. Kelly Ayotte · Jul 15, 2026 · excerpt
Governor's press release

The House voted 165–149 on the override (Aug 19, 2026) — short of the two-thirds required, so the veto was sustained. See the roll call.

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

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 passed by both chambers.

““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

This is the operative definition of biological sex that governs the bill, and it clarifies the statute does not itself compel separation.AI-generated

“Nothing in RSA 5-C:87, RSA 260 through RSA 263-A, 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 clause sets the bill's core rule that classifying by biological sex in specified contexts is not unlawful discrimination.AI-generated

“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 apparatus.”
RSA 354-A:25-a, I(a)

This identifies restrooms and locker rooms as one of the enumerated settings where biological-sex classification is permitted.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)

This applies the classification allowance to athletic competition based on a stated physical-advantage rationale.AI-generated

Official record

Bill page — docket & status

gc.nh.gov · the authoritative source

Sponsors

Rep. Erica LayonRPrimeChair· Executive Departments and Administration
  • Rep. Liz BarbourRVice Chair· Environment and Agriculture
  • Rep. Sherri ReinfurtRClerk· Housing
  • Rep. Katy PeternelRVice Chair· Education Policy and Administration
  • Rep. Lisa MazurRVice Chair· Health, Human Services and Elderly Affairs
  • Rep. Sayra DeVitoRClerk· Fish and Game and Marine Resources
  • Sen. Regina BirdsellRMajority Leader
  • Sen. Kevin AvardRDeputy Majority Whip
  • Sen. Bill GannonRChair· Judiciary

Also: Rep. Linda McGrathR, Rep. Daniel Popovici-MullerR, Rep. Matt Sabourin dit ChoinièreR, Rep. David LoveR

Public testimony

677 signed in online · 129 wrote testimony

3% support97% oppose0% neutral

ForProtecting women, girls, and female inmates from predators

AgainstBill is discriminatory and rolls back civil rights protections

AI-generatedLeading arguments, summarized by the testimony tool.

Read the arguments

In their wordsVerbatim, exactly as submitted

“We need to protect females in NH prisons from potential sexual predators and from those who hyper-emphasize their sexual nature by participating in transgender ideology. We need to protect the safety of our children in public bathrooms.”
— Heidi Ballentine, FRANCONIAsupports
“Let’s protect the children and women of our beloved New Hampshire and end the usage of multi-use lavatories by the opposite sex.…”
— Alison Dear, Lymansupports
“This is just common sense, biological sex is real, and we should be separated as such.”
— CORY STONE, Doversupports
“NHSBA is opposed to this bill. Given the number of hearings and executive sessions scheduled at this time, we will be submitting further testimony after the hearing, as appropriate. Thank you.”
— Rebecca Wilson, Concord · New Hampshire School Boards Associationopposes
“Two Governors have vetoed similar bills three times now. Stop wasting the legislature's time on unnecessary and discriminatory culture war issues and move onto legislation that benefits all Granite Staters.”
— Dan Watkins, Derryopposes
“Let's not back track on progress. Trans and nonbinary people in our community deserve respect. Trans and nonbinary people have existed throughout human history. The hatred and exclusion of them is purely a political scape goat. Focus on protecting people from real dangers.…”
— Veronica Joyce, Manchesteropposes

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

Read the testimony · as of Aug 12, 2026

Votes

yeanay
Starting text: Bill as introduced
  • Feb 20, 2026HouseCommittee report· consent calendar: Refer for Interim Study17–0
    Overall
    100% yea
  • Mar 5, 2026HouseDivisionSpecial Order to the next order of business (Rep. Kofalt)Adopted191–158
    Overall
    55% yea
  • Mar 5, 2026HouseRoll callLay HB1442 on Table (Rep. Wade)Failed163–186How they voted
    Overall
    47% yea
    Party-line vote
    Republicans
    4–1852% yea
    Democrats
    159–199% yea
  • Mar 5, 2026HouseRoll callRefer for Interim StudyFailed163–182How they voted
    Overall
    47% yea
    Party-line vote
    Republicans
    5–1823% yea
    Democrats
    158–0100% yea
  • Mar 5, 2026HouseRoll callFloor amendment 2026-1054h (Rep. Layon)Adopted183–162How they voted
    Overall
    53% yea
    Party-line vote
    Republicans
    183–398% yea
    Democrats
    0–1590% yea
  • Mar 5, 2026HouseRoll callOught to Pass with Amendment 2026-1054hAdopted181–164How they voted
    Overall
    52% yea
    Party-line vote
    Republicans
    181–498% yea
    Democrats
    0–1600% yea
    Resulting text: Bill as amended by the House
  • Apr 16, 2026SenateCommittee report: Ought to Pass with Amendment # 2026-1384s3–2
    Overall
    60% yea
  • Apr 16, 2026SenateVoice voteCommittee amendment 2026-1384sadopted
  • Apr 16, 2026SenateRoll callOught to Pass with Amendment # 2026-1384sAdopted15–8How they voted
    Overall
    65% yea
    Party-line vote
    Republicans
    15–0100% yea
    Democrats
    0–80% yea
    Resulting text: Bill as amended by the Senate
  • May 21, 2026HouseRoll callHouse Concurs with Senate Amendment 2026-1384s (Rep. Lynn)Adopted184–155How they voted
    Overall
    54% yea
    Party-line vote
    Republicans
    183–398% yea
    Democrats
    1–1511% yea
    Other
    0–10% yea
    Resulting text: Bill as adopted by both chambers
  • Jun 4, 2026SenateVoice voteEnrolledadopted
  • Aug 19, 2026HouseRoll callOverride the veto — shall the bill become law notwithstanding the objectionsFailed165–149How they voted
    Overall
    53% yea
    Party-line vote
    Republicans
    164–796% yea
    Democrats
    1–1421% yea

Hearings and debates

  • Feb 20, 2026Public hearingHouse Judiciary1:38:09–2:47:381h 9m 29s
  • Feb 20, 2026Executive sessionHouse Judiciary4:11:57–4:14:072m 10s
  • Mar 5, 2026Floor debateHouse floor5:17:24–5:56:1638m 52s
  • Apr 2, 2026Public hearingSenate Judiciary3:49:18–5:04:451h 15m 27s
  • Apr 16, 2026Floor debateSenate floor39:25–1:02:5323m 28s
  • May 21, 2026Floor debateHouse floor3:40:25–3:46:105m 45s
  • Jun 4, 2026Floor debateSenate floorWatchnot located in the transcript — opens the full streamEnrolled Adopted — voice vote
  • Aug 19, 2026Floor debateHouse floor2:14:39–2:16:001m 21slocated in the stream transcriptVeto Sustained — roll call 165-149

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

Legislative history

  1. Jan 7, 2026HouseIntroduced 01/07/2026 and referred to Judiciary HJ 1 P. 20
  2. Feb 20, 2026HousePublic Hearing: 02/20/2026 11:00 am GP 231
  3. Feb 20, 2026HouseExecutive Session: 02/20/2026 11:00 am GP 231
  4. Feb 20, 2026House: Refer for Interim Study 02/20/2026 (Vote 17-0; CC) HC 9 P. 18
  5. Mar 3, 2026HouseRemoved from Consent (Reps. Kofalt, Mazur, Layon, Sabourin dit Choiniere, Farrington, McFarlane, Beaulier, DeVito, Sirois, McGrath, Korzen) 03/03/2026 HJ 6 P. 2
  6. Mar 5, 2026HouseSpecial Order to the next order of business (Rep. Kofalt): MA DV 191-158 03/05/2026 HJ 6 P. 95
  7. Mar 5, 2026HouseLay HB1442 on Table (Rep. Wade): MF RC 163-186 03/05/2026 HJ 6 P. 95
  8. Mar 5, 2026HouseRefer for Interim Study: MF RC 163-182 03/05/2026 HJ 6 P. 95
  9. Mar 5, 2026HouseFLAM # 2026-1054h (Rep. Layon): AA RC 183-162 03/05/2026 HJ 6 P. 99
  10. Mar 5, 2026HouseOught to Pass with Amendment 2026-1054h: MA RC 181-164 03/05/2026 HJ 6 P. 102
  11. Mar 5, 2026SenIntroduced 03/05/2026 and Referred to Judiciary; SJ 6
  12. Apr 2, 2026SenHearing: 04/02/2026, Room 100, SH, 01:50 pm; SC 12
  13. Apr 16, 2026Sen: Ought to Pass with Amendment # 2026-1384s, 04/16/2026, Vote 3-2; SC 14
  14. Apr 16, 2026SenCommittee Amendment # 2026-1384s, AA, VV; 04/16/2026; SJ 9
  15. Apr 16, 2026SenOught to Pass with Amendment # 2026-1384s, RC 15Y-8N, MA; OT3rdg; 04/16/2026; SJ 9
  16. May 21, 2026HouseHouse Concurs with Senate Amendment 2026-1384s (Rep. Lynn): MA RC 184-155 05/21/2026 HJ 14 P. 18
  17. Jun 4, 2026SenEnrolled Adopted, VV, (In recess 06/04/2026); SJ 14
  18. Jun 4, 2026HouseEnrolled (in recess of) 06/04/2026 HJ 15
  19. Jul 15, 2026HouseVetoed by Governor Ayotte 07/15/2026
  20. Aug 19, 2026HouseVeto Sustained 08/19/2026: RC 165-149 Lacking Necessary Two-Thirds Vote HJ 16

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.