This bill amends existing law to define "biological sex" and clarifies that certain classifications based on biological sex do not constitute unlawful discrimination. Specifically, it inserts new language into RSA 354-A:1, stating that while New Hampshire is committed to treating all individuals without discrimination, there are limited circumstances where classifying individuals by biological sex is appropriate. These circumstances are aimed at protecting privacy rights and physical safety, as outlined in the newly added 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 defines "biological sex" as male and female, while also clarifying 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