SB268 — permitting classification of individuals based on biological sex under certain limited circumstances.

SB 268 - ASVERSION INTRODUCEDADOPTED BY BOTH BODIES 03/27/2025 1118s SESSION 25-1128 11/02 SENATE BILL 268 AN ACT permitting classification of individuals based on biological sex under certain limited circumstances.

Judiciary ───────────────────────────────────────────────────────────────── AMENDED ANALYSIS This bill permitsprovides classificationa ofdefinition individualsfor based"biological onsex" biologicaland sexprovides inthat lavatorycertain facilitiesdesignations andby lockerbiological rooms,sex sportingdo competitions,not andconstitute detentionunlawful facilities.discrimination.

SB 268 - ASVERSION INTRODUCEDADOPTED BY BOTH BODIES 03/27/2025 1118s 25-1128 11/02 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Five AN ACT permitting classification of individuals based on biological sex under certain limited circumstances.

LawState AgainstCommission Discrimination;for Human Rights;

ClassificationMiscellaneous ofProvisions; Persons Based Upon Biological Sex.

AmendState RSARecognition 354-Aof byBiological addingSex. after section 25 the following new section:

354-A:25-aAmend ClassificationRSA of354-A Personsby Basedinserting Uponafter Biologicalsection Sex.25 the following new section:

Notwithstanding354-A:25-a RSAState 354-A:2,Recognition XIV-e or any other provision of thisBiological chapterSex. or any other law or regulation, it shall not constitute SB 268 - AS INTRODUCED - Page 2 - unlawful discrimination based on sexual or gender identity for any person or organization, public or private, to classify based on biological sex with respect to the following matters:

SB 268 - VERSION ADOPTED BY BOTH BODIES - Page 2 - I.

InNothing thein construction,RSA maintenance,5-C:87, operation,RSA and260-263, useRSA of354-A, lavatoryor facilitiesany other law or lockerregulation roomsshall designedmean forthat usageit byis multipleunlawful personsdiscrimination atbased theon samesex time,or evengender ifidentity suchfor facilitiesany haveperson individualor urinals,organization, stalls,public or similarprivate, apparatus.to classify based on biological sex with respect to the following matters:

(a) 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.

(b) 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.

(c) 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.

In“Biological athleticsex” orshall sportingmean eventsthe ormale competitionsand infemale a sport or similar activity in which physical strength, speed, or endurance is generally recognized to give an advantage to biological males.sexes.

III.This section does not mean that any public or private entity is required by state statute to separate persons based upon biological sex.

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.