This bill allows for the classification of individuals based on biological sex in specific circumstances, such as lavatory facilities and locker rooms, sporting competitions, and detention facilities. The bill amends the RSA 354-A:1, known as the "Law Against Discrimination," to include a new section that acknowledges the state's commitment to non-discrimination and equal dignity and respect for all persons. However, it also recognizes that there are certain situations where classifying individuals based on biological sex is appropriate due to compelling state interests in protecting privacy rights and physical safety.
The new section, RSA 354-A:25-a, specifies that it is not considered unlawful discrimination to classify based on biological sex in the construction and use of multi-person lavatory facilities and locker rooms, in athletic events where physical attributes may give an advantage to biological males, and in the operation of facilities such as prisons and mental health hospitals where individuals may be involuntarily committed. The act is set to take effect 60 days after its passage. The bill includes insertions that outline the legislature's findings and the circumstances where biological sex classification is deemed proper, but there are no deletions indicated in the provided text.
Statutes affected: Introduced: 5-C:87
As Amended by the House: 354-A:1
Version adopted by both bodies: 354-A:1