SBSenate 268Judiciary -March VERSION19, ADOPTED2025 BY2025-1118s BOTH05/09 BODIESAmendment 03/27/2025to 1118sSB SESSION 25-1128 11/02 SENATE BILL 268 ANAmend ACTthe permittingbill classificationby ofreplacing individualssection based2 onwith biologicalthe sexfollowing: under certain limited circumstances.

SPONSORS:3 2 New Section;

Sen.

Avard, Dist 12;

Sen.

Lang, Dist 2 COMMITTEE:

Judiciary ───────────────────────────────────────────────────────────────── AMENDED ANALYSIS This bill provides a definition for "biological sex" and provides that certain designations by biological sex do not constitute unlawful discrimination.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Explanation:

Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.] Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

SB 268 - VERSION ADOPTED 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.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 State Commission for Human Rights;

Law Against Discrimination;

Purpose and Scope.

Amend RSA 354-A:1 to read as follows:

354-A:1 Title and Purposes of Chapter.

I.

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.

The general court hereby finds and declares that practices of discrimination against any of its inhabitants because of age, sex, gender identity, race, creed, color, marital status, familial status, physical or mental disability or national origin are a matter of state concern, that such discrimination not only threatens the rights and proper privileges of its inhabitants, but menaces the institutions and foundation of a free democratic state and threatens the peace, order, health, safety and general welfare of the state and its inhabitants.

A state agency is hereby created with power to eliminate and prevent discrimination in employment, in places of public accommodation and in housing accommodations because of age, sex, gender identity, race, creed, color, marital status, familial status, physical or mental disability or national origin as herein provided;

and the commission established hereunder is hereby given general jurisdiction and power for such purposes.

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.

II.

The general court also finds that, notwithstanding New Hampshire’s fundamental commitment to treat all persons without discrimination and with equal dignity and respect, which commitment the legislature fully accepts and strongly endorses, 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.

The legislature finds that permitting classification of persons based upon biological sex serves this compelling state interest in the 3 circumstances described in RSA 354-A:25-a.

2 New Section;

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

3Amendment Effectiveto Date.SB 268 - Page 2 - 2025-1118s AMENDED ANALYSIS This bill provides a definition for "biological sex" and provides that certain designations by biological sex do not constitute unlawful discrimination.

This act shall take effect 60 days after its passage.