This bill introduces a definition for "biological sex" and clarifies that certain classifications based on biological sex do not constitute unlawful discrimination. It amends the existing law against discrimination (RSA 354-A:1) to include a new section (RSA 354-A:25-a) that allows for the classification of individuals based on biological sex in specific contexts. The bill emphasizes the state's commitment to treating all individuals with dignity and respect while recognizing that there are limited circumstances where such classifications are necessary to protect privacy rights and physical safety.
The bill specifies three scenarios where classification by biological sex is permissible: the use of multi-person lavatory facilities, participation in athletic events where physical attributes may confer advantages, and the operation of facilities such as prisons and mental health treatment centers. The definition of "biological sex" is established as encompassing male and female sexes, and it is made clear that this legislation does not mandate the separation of individuals based on biological sex in all situations. 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
SB552 text: 354-A:1