This bill mandates that school athletics and locker room usage be designated based on a participant's biological sex as assigned at birth. Specifically, it introduces a new chapter, 193-L, to the New Hampshire Revised Statutes, which stipulates that interscholastic and intercollegiate athletic teams must be categorized as either female, male, or coeducational based on the biological sex listed on the athlete's birth certificate. The bill also requires that locker room facilities be separated by biological sex, ensuring that athletes use facilities corresponding to their assigned sex at birth. Notably, the provisions do not apply to grades K-5 or to intramural or club sports. Additionally, athletes harmed by violations of these regulations are granted a private cause of action for relief against the responsible educational institutions.
Furthermore, the bill includes a new section, 622:10-a, which mandates that inmates in New Hampshire state prisons be housed according to their biological sex as defined by their birth certificates. This section applies to all correctional and detention facilities and emphasizes that housing decisions must be based on the individual inmate's biological sex. The bill also includes a provision that limits liability for governmental entities and educational institutions in relation to compliance with the new regulations. The act is set to take effect on January 1, 2027.