This bill amends the existing Law Against Discrimination in New Hampshire to allow for the classification of individuals based on biological sex in specific contexts. The new legal language inserted into RSA 354-A:1 emphasizes the state's commitment to protecting public welfare and civil rights while also acknowledging that there are limited circumstances where biological sex classification is necessary. These circumstances are outlined in a new section, RSA 354-A:25-a, which states that it is not considered unlawful discrimination for individuals or organizations to classify based on biological sex in relation to lavatory facilities, athletic competitions, and detention facilities.
The bill specifies that such classifications are permissible in three key areas: the construction and use of multi-person lavatory facilities or locker rooms, athletic events where biological males may have a physical advantage, and the operation of facilities like prisons and mental health treatment centers. The intent behind these provisions is to protect the privacy rights and physical safety of individuals in these settings. The act is set to take effect 60 days after its passage.
Statutes affected: Introduced: 354-A:1
Version adopted by both bodies: 354-A:1