SB 459 · 2026 · Senate · Judiciary Committee

Biological sex exemption in discrimination law

(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

✓Introduced
✓Senate
✕House
Governor
Law

Analysis

This bill provides a definition for biological sex and exempts classification by biological sex in athletic competitions and in facilities where persons may be committed involuntarily from the definition of an unlawful discriminatory practice.

From the bill's official ANALYSIS section.

In the bill's words

Quoted verbatim from the bill as amended by the Senate. Passages chosen from the operative text.Computed by this site

“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.”

RSA 354-A:1

“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.”

RSA 354-A:1

Official record

Bill page — docket & status

gc.nh.gov · the authoritative source

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

Votes

yeanay

Starting text: Bill as introduced

Mar 26, 2026SenateCommittee report: Ought to Pass with Amendment # 2026-1217s3–1
Overall
75% yea
Mar 26, 2026SenateVoice voteCommittee amendment 2026-1217sfailed
Mar 26, 2026SenateRoll callSen. Lang Moved Reconsideration on the Previous VoteAdopted15–9How they voted
Overall
63% yea
Party-line vote
Republicans
15–194% yea
Democrats
0–80% yea
Mar 26, 2026SenateRoll callOught to Pass with Amendment #2026-1217sAdopted15–9How they voted
Overall
63% yea
Party-line vote
Republicans
15–194% yea
Democrats
0–80% yea
Resulting text: Bill as amended by the Senate
Apr 8, 2026HouseCommittee report· consent calendar: Inexpedient to Legislate18–0
Overall
100% yea
Apr 23, 2026HouseVoice voteInexpedient to Legislateadopted

Hearings and debates

Feb 11, 2026Public hearingSenate Judiciary2:37:56–3:05:3627m 40slocated in the stream transcriptHearing
Mar 26, 2026Floor debateSenate floor4:45:19–4:57:0111m 42slocated in the stream transcriptCommittee Report: Ought to Pass with Amendment # 2026-1217s; Ought to Pass with Amendment #2026-1217s — adopted, roll call 15-9; Committee Amendment # 2026-1217s — failed, voice vote
Apr 8, 2026Public hearingHouse Judiciary20:11–25:135m 2slocated in the stream transcriptCommittee Report: Inexpedient to Legislate; Public Hearing; Executive Session
Apr 23, 2026Floor debateHouse floorWatchnot located in the transcript — opens the full streamInexpedient to Legislate — adopted, voice vote

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

Legislative history

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

Coverage

No reporting linked yet.

Background reading

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

Which states have laws about transgender people's bathroom use?Explainer
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
What They Are Saying: Protection of Women and Girls in Sports ActSupporters
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
What's at Stake as the Supreme Court Takes Up Transgender Sports BansCritics
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
Americans have grown more supportive of restrictions for trans people in recent yearsPublic opinion
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.