This bill amends existing law to define "biological sex" and clarifies that certain classifications based on biological sex do not constitute unlawful discrimination. Specifically, it inserts a new section into the Law Against Discrimination, stating that classification based on biological sex is permissible in limited circumstances, such as in the use of multi-person lavatory facilities, athletic competitions where physical attributes may provide an advantage, and in facilities like prisons and mental health treatment centers. The bill emphasizes that while New Hampshire is committed to treating all individuals with dignity and respect, there are compelling state interests in protecting privacy and safety that justify these classifications.

Additionally, the bill modifies the existing law by adding a new section that explicitly states that it is not considered unlawful discrimination for individuals or organizations to classify based on biological sex in the specified contexts. The definition of "biological sex" is established as referring to male and female biological sexes. Importantly, the bill clarifies that it does not mandate any public or private entity to separate individuals based on biological sex, thereby allowing for flexibility in implementation. The act is set to take effect 60 days after its passage.

Statutes affected:
Introduced: 354-A:1
As Amended by the Senate: 354-A:1