This bill introduces a new section to the New Hampshire Revised Statutes Annotated (RSA) that defines "biological sex" as the male and female biological sexes. It stipulates that designations based on biological sex do not constitute unlawful discrimination in specific contexts, including the use of multi-person lavatory facilities, participation in athletic events where physical attributes may provide advantages, and the operation of facilities such as prisons and mental health treatment centers. The bill clarifies that while biological sex classifications are permissible, there is no requirement for public or private entities to separate individuals based on biological sex.
The bill amends RSA 354-A by inserting a new section (354-A:25-a) and does not delete any existing legal language. It emphasizes that the classification based on biological sex is not considered discrimination under various laws, including RSA 5-C:87 and RSA 260-263. The act is set to take effect 60 days after its passage, and while it does not provide funding, the fiscal impact is deemed indeterminable by the Human Rights Commission due to the lack of data on potential public interactions and activities resulting from the new language.