SB 459 — exempting classification of individuals based on biological sex from the definition of an unlawful discriminatory practice in certain limited circumstances.

SB 459 - AS INTRODUCEDAMENDED BY THE SENATE 03/26/2026 1217s SESSION 26-2222 12/09 SENATE BILL 459 AN ACT relativeexempting toclassification of individuals based on biological sex infrom studentthe athleticsdefinition andof prisons.an unlawful discriminatory practice in certain limited circumstances.

Judiciary ───────────────────────────────────────────────────────────────── AMENDED ANALYSIS This bill requiresprovides schoola athleticsdefinition for biological sex and theexempts associatedclassification useby ofbiological lockersex roomsin beathletic designatedcompetitions basedand onin afacilities participant'swhere biologicalpersons sexmay asbe assignedcommitted atinvoluntarily birth.from the definition of an unlawful discriminatory practice.

The bill also requires that inmates in New Hampshire state prisons be housed separately on the basis of inmates' biological sex.

SB 459 - AS INTRODUCEDAMENDED BY THE SENATE 03/26/2026 1217s 26-2222 12/09 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT relativeexempting toclassification of individuals based on biological sex infrom studentthe athleticsdefinition andof prisons.an unlawful discriminatory practice in certain limited circumstances.

1 NewState Chapter;Commission for Human Rights;

SchoolLaw Athletics.Against Discrimination;

AmendPurpose RSAand byScope. inserting after chapter 193-K the following new chapter:

CHAPTERAmend 193-LRSA SCHOOL354-A:1 ATHLETICSto 193-L:1read Schoolas Athleticsfollows: Designated by Biological Sex.

354-A:1 Title and Purposes of Chapter.

AnyThis interscholastic,chapter intercollegiate,shall athleticbe team,known sport,as orthe athletic"Law eventAgainst thatDiscrimination." isIt sponsoredshall orbe sanctioneddeemed byan aexercise school,of school district, or organization under the controlpolice power of the state boardfor ofthe education,protection or an institution of higherthe educationpublic underwelfare, eitherhealth theand universitypeace systemof or the communitypeople collegeof systemthis shallstate, beand designatedin asfulfillment one of the following,provisions basedof on the biologicalconstitution sexof atthis birthstate ofconcerning thecivil participatingrights. athletes:

(a)The Females,general women,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 girls;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.

(b)A Males,state men,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 boys;mental disability, or national origin as herein provided;

orand (c)the Coeducational,commission mixed,established orhereunder unified.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.

ThisThe chaptergeneral shallcourt notfinds applythat tothere gradesare K-5.circumstances in which classification of persons based on biological sex serves the compelling state interests of protecting the privacy rights and physical safety of others.

III.The legislature finds that permitting the narrowly tailored classification of persons based upon biological sex serves this compelling state interest in the circumstances described in RSA 354-A:2, XV-a.

This2 chapterState shallCommission notfor applyHuman toRights; intramural or club sports.

IV.Definitions;

ForUnlawful purposesDiscriminatory ofPractice; this section, biological sex is either female or male as described by the sex listed on the athlete's official birth certificate issued at or near the time of the athlete’s birth.

V.Exclusions.

AnyAmend team,RSA sport,354-A:2, orXV athletic event designated for females, women, or girls shall only be open to studentsread ofas thefollows: female sex.

VI.XV.(a) "Unlawful discriminatory practice" includes:

Any[(a)] team,(1) sport,Practices orprohibited athleticby eventRSA designated354-A; for males, men, or boys shall be open to students of either sex.

VII.[(b)] (2) Practices prohibited by the federal Civil Rights Act of 1964, as amended (PL 88-352);

AnySB school,459 school- district,AS activitiesAMENDED association,BY orTHE organizationSENATE under- thePage control2 of- the[(c)] state(3) boardPractices ofprohibited education,by orTitle anVIII institution of higher education under either the universityCivil systemRights orAct theof community1968, collegeas systemamended that(42 providesU.S.C. locker room facilities in connection with an athletic event shall provide separate facilities for male and female participants based on the biological sex.

193-L:2§§ Use3601-3619); of Locker Rooms Designated by Biological Sex.

I.[(d)] (4) Aiding, abetting, inciting, compelling or coercing another or attempting to aid, abet, incite, compel or coerce another to commit an unlawful discriminatory practice or obstructing or preventing any person from complying with this chapter or any order issued under the authority of this chapter.

Notwithstanding(b) any“Unlawful otherdiscriminatory provisionpractice” of law, athletes participating in school athletics pursuant to this chapter shall innot theinclude courseclassification of suchpersons participation only use locker rooms based on their biological sexsex: as defined by 193-L:1, IV.

II.(1)  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.

Locker(2) rooms  shallIn includethe anyoperation, areamaintenance, and use of facilities designed for usage byas multipleprisons, athleteshouses atof thecorrection, samejuvenile timedetention includingor forcommitment thecenters, purposemental ofhealth changinghospitals clothingor relativetreatment centers and like facilities to participationwhich inpersons schoolmay athletics.be committed involuntarily.

SBXVI. 459 - AS INTRODUCED - Page 2 - Locker rooms shall include facilities designed for usage by multiple athletes even if such facilities have individual urinals, stalls, or similar apparatuses.

193-L:3“Biological Causesex” ofmeans Actionthe formale Affectedand Athlete.female biological sexes.

I.

Any athlete who suffers direct or indirect harm as a result of a violation of RSA 193-L:1 or RSA 193-L:2, shall have a private cause of action for injunctive relief and any other equitable relief available under law, against the school, school district, activities association or organization, or institution of higher education that caused the harm.

II.

Any athlete who is subjected to retaliation or other adverse action by a school, school district, activities association or organization, or institution of higher education as a result of reporting a violation of RSA 193-L:1 or RSA 193-L:2 to an employee or representative of the school, school district, activities association or organization, institution of higher education, or to a state or federal governmental entity having oversight authority, shall have a private cause of action for injunctive relief and any other equitable relief available under law, against the school, school district, activities association or organization, or institution of higher education.

III.

Any party prevailing on a claim brought under this section shall be entitled to reasonable attorney’s fees and costs.

193-L:4 Limitations Upon Actions;

Attorney's Fees.