Bill > SB38

This bill defines "biological sex" and establishes that certain sex-based classifications do not constitute unlawful discrimination in specific contexts. Specifically, the bill allows organizations, both public and private, to classify individuals based on biological sex (defined as male and female) in three key areas: (1) multi-person bathroom and locker room facilities, (2) athletic or sporting events where physical strength, speed, or endurance provides an advantage to biological males, and (3) involuntary commitment facilities like prisons, juvenile detention centers, and mental health treatment centers. The legislation emphasizes that while these classifications are permitted, no public or private entity is required by state statute to separate people based on biological sex. The bill will take effect 60 days after its passage, and according to the fiscal note, it is not expected to have a direct financial impact, though the Human Rights Commission notes the potential administrative implications are currently indeterminable. The bill appears to be part of a broader discussion about sex-based classifications and potential limitations on gender identity protections.

Justice

https://gc.nh.gov/bill_status/legacy/bs2016/bill_docket.aspx?lsr=197&sy=2025&sortoption=&txtsessionyear=2025&txtbillnumber=SB38