This bill introduces a definition for "biological sex" and establishes that certain classifications based on biological sex do not constitute unlawful discrimination. Specifically, it amends RSA 354-A:1 to include a new section that recognizes the importance of treating all individuals with dignity and respect while also acknowledging that there are limited circumstances where classification by biological sex is necessary. These circumstances are aimed at protecting privacy rights and physical safety, as outlined in the newly inserted RSA 354-A:25-a.

The new section specifies that it is not considered unlawful discrimination for individuals or organizations to classify based on biological sex in specific contexts, including 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 bill clarifies that "biological sex" refers to male and female sexes and does not mandate separation based on biological sex by any public or private entity. The act will take effect 60 days after its passage and is noted to have no fiscal impact on state, county, or local expenditures or revenue.

Statutes affected:
Introduced: 21:3, 21:54, 354-B:1
As Amended by the House: 21:3, 21:54, 354-B:1
As Amended by the Senate: 354-A:1
Version adopted by both bodies: 354-A:1
HB1442 text: 21:3, 21:54, 354-A:2, 354-B:1