This bill adds a new section to RSA 354-A, which provides a definition for "biological sex" and states that certain designations based on biological sex do not constitute unlawful discrimination. The bill specifies that it is not unlawful discrimination based on sex or gender identity for any person or organization to classify based on biological sex in the construction, maintenance, operation, and use of lavatory facilities or locker rooms, in athletic or sporting events or competitions where physical strength, speed, or endurance give an advantage to biological males, and in the operation, maintenance, and use of certain facilities such as prisons and mental health hospitals. The bill also defines "biological sex" as male and female, and clarifies that it does not require public or private entities to separate persons based on biological sex.

The fiscal impact of this bill is indeterminable, according to the Human Rights Commission. They state that there is currently no way to gauge the number of public interactions, trainings, or other activities that the Commission will engage in based on the proposed language.