This bill amends the existing law against discrimination in New Hampshire by introducing a definition for "biological sex" and clarifying that certain classifications based on biological sex do not constitute unlawful discrimination. The bill inserts new language into RSA 354-A:1, emphasizing the state's commitment to treating all individuals with dignity and respect while acknowledging that there are specific circumstances where classifying individuals by biological sex is necessary to protect privacy rights and physical safety. The bill outlines these circumstances in a new section, RSA 354-A:25-a, which includes the use of lavatory facilities, participation in athletic events, and the operation of certain facilities like prisons and mental health hospitals.

Additionally, the bill specifies that it is not considered unlawful discrimination for public or private entities to classify individuals based on biological sex in the aforementioned 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 the separation of individuals based on biological sex by any public or private entity. 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