HB 1442-FN proposes significant changes to the legal definitions and applications of "gender identity" in New Hampshire, particularly concerning access to sex-segregated facilities. The bill modifies the definition of "gender identity" by removing the term "assigned" sex at birth and clarifying that asserting gender identity for improper purposes—specifically to access facilities designated for a specific biological sex—is prohibited. It mandates that public school and municipal bathrooms and locker rooms be designated as male or female, with the option for all-gender facilities under certain conditions. Additionally, it requires that inmates in correctional facilities be housed based on their biological sex, and introduces penalties for willful trespass for males accessing female-designated spaces, with exceptions for emergencies or specific care needs.

Key legal language changes include the insertion of definitions for "female" and "male" based on biological criteria, including references to the SRY gene for determining male anatomy. The bill specifies that terms like "woman" and "girl" will be defined as "female," while "man" and "boy" will be defined as "male." It also deletes previous gender-specific terms in certain contexts, replacing them with gender-neutral language throughout New Hampshire law. Overall, HB 1442-FN aims to reinforce sex-based distinctions in public facilities and services while limiting the scope of protections based on gender identity, potentially impacting the judicial and correctional systems due to changes in penalties and enforcement.

Statutes affected:
Introduced: 21:3, 21:54, 354-B:1
HB1442 text: 21:3, 21:54, 354-A:2, 354-B:1