HB 1564-FN - AS INTRODUCED
2026 SESSION
26-2415
12/08
HOUSE BILL 1564-FN
AN ACT removing all references of gender identity in New Hampshire statutes.
SPONSORS: Rep. S. King, Coos 4; Rep. A. Davis, Coos 2; Rep. Granger, Straf. 2; Rep. Potenza, Straf. 19; Rep. Turcotte, Straf. 4; Rep. Sirois, Hills. 32; Rep. Cambrils, Merr. 4; Rep. Korzen, Coos 7; Rep. Belcher, Carr. 4; Rep. Barton, Graf. 1
COMMITTEE: Judiciary
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ANALYSIS
This bill removes all references of gender identity in New Hampshire statutes with the exception of RSA 332-M:2, III-a.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26-2415
12/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
AN ACT removing all references of gender identity in New Hampshire statutes.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Equal Opportunity Employment Program; Gender Identity. Amend RSA 21-I:42, XVI to read as follows:
XVI. Developing and implementing an equal employment opportunity program that will ensure the employment of all qualified people regardless of age, sex, [gender identity,] race, color, sexual orientation, ethnic background, marital status, or physical or mental disability. This program shall include a review and revision of the job classification process and testing process to ensure that they are free from either conscious or inadvertent bias.
2 Classified Employees, Penalties; Gender Identity. Amend RSA 21-I:52, I to read as follows:
I. No person shall be appointed or promoted to, or demoted or dismissed from, any position in the classified service, or in any way favored or discriminated against with respect to employment in the classified service because of the person's political opinions, religion, religious beliefs or affiliations, age, sex, [gender identity,] sexual orientation, national origin, or race. Additionally, except as provided in paragraph I-a, there shall be no preferential treatment or discrimination in recruiting, hiring, or promotion based on race, sex, [gender identity,] sexual orientation, national origin, religion, or religious beliefs. Nothing in this section shall require the appointment or prevent the dismissal of any person who advocates the overthrow of the government by unconstitutional and violent means. No person shall use, or promise to use directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position in the classified service, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person, or for any consideration.
3 Municipalities; Cable Television Systems Franchising; Gender Identity. Amend RSA 53-C:3-g to read as follows:
53-C:3-g Rights of Individuals. – No cable television system operator shall deny service, deny access, or otherwise discriminate against subscribers, channel users, or any other citizens on the basis of age, race, religion, sex, [gender identity,] sexual orientation, physical disability, or country of natural origin.
4 Uniform Crime Reporting System; Gender Identity. Amend RSA 106-B:14-c, I-a to read as follows:
I-a. Law enforcement agencies operating within New Hampshire shall submit crime reports related to hate crimes to the department of safety, division of state police, no fewer than every 6 months. The report shall be a compilation of the number of offenses and arrests on hate crimes occurring within their own jurisdictions, submitted in the manner and in the form specified by the department of safety, division of state police. The department of safety shall make available on its website statistical reports concerning hate crimes, containing the number and nature of criminal offenses, arrests, and clearances, and any other data determined to be appropriate relating to the method, frequency, cause, and prevention of crime. The department of safety shall update the statistical data on its website no fewer than every 45 days. For purposes of this paragraph, "hate crime" includes any offense where the officer develops reasonable suspicion to believe that the crime was motivated in any part by hate or bias toward race, color, religion, creed, national origin, ancestry, sexual orientation, sex, [gender identity,] disability, or any other protected characteristics identified in either RSA 354-B:1 or RSA 651:6, I(f).
5 Police Standards and Training Counsel; Gender Identity. Amend RSA 106-L:2, V(c) to read as follows:
(c) A sustained finding that during the course of the officer's official duties, the officer engaged in discriminatory conduct on the basis of age, sex, sexual orientation, [gender identity,] race, religious creed, color, marital status, familial status, physical or mental disability, or national origin prohibited by RSA 354-A; or
6 Racial Profiling; Gender Identity. Amend the introductory paragraph of RSA 106-O:1 to read as follows:
106-O:1 Definition. In this chapter "profiling" shall mean the practice of relying solely on race, ethnicity, color, national origin, nationality, language, sex, [gender identity,] sexual orientation, political affiliation, religion, socioeconomic status, or disability in:
7 Mental Health Services System; Gender Identity. Amend RSA 135-C:13 to read as follows:
135-C:13 Discrimination Prohibited; Eligibility for Services. – Every severely mentally disabled person shall be eligible for admission to the state mental health services system, and no such person shall be denied services because of race, color or religion, sex, [gender identity,] or inability to pay. Eligible persons shall include formerly severely mentally disabled persons who without continued services would probably become severely mentally disabled again. Each client has a right to adequate and humane treatment provided in accordance with generally accepted clinical and professional standards. The treatment shall include such psychological, psychiatric, habilitative, rehabilitative, vocational and case management services which are necessary and appropriate to bring about an improvement, when possible, in the client's condition and which are available within the state mental health services system. If necessary services are not available, each agency responsible for provision of such services shall notify the department of the need for them, and the department shall utilize such information for budgetary planning purposes. The treatment may include housing and such other services as the department may elect to provide to severely mentally disabled persons. Eligibility for services in the mental health system for persons under 21 years of age shall be determined after consideration of the services provided under RSA 186-C, RSA 169-B, RSA 169-C, RSA 169-D, or any other law. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the eligibility of severely mentally disabled persons to receive state services and the service guarantees for clients in the state system.
8 Mental Health Services System; Fundamental Rights; Gender Identity. Amend RSA 135-C:56, IV to read as follows:
IV. No person receiving mental health services shall be discriminated against in any manner because of race, color, sex, [gender identity,] sexual orientation, religion, national origin, age, disability, or degree of disability.
9 Residential Care; Patients' Bill of Rights; Gender Identity. Amend RSA 151:21, XVI to read as follows:
XVI. The patient shall not be denied appropriate care on the basis of age, sex, [gender identity,] sexual orientation, race, color, marital status, familial status, disability, religion, national origin, source of income, source of payment, or profession.
10 Home Care Clients' Bill of Rights; Gender Identity. Amend RSA 151:21-b, II(b) to read as follows:
(b) Receive appropriate and professional care without discrimination based on race, color, national origin, religion, sex, [gender identity,] disability, or age, nor shall any such care be denied on account of the patient's sexual orientation.
11 Employment Program and Family Assistance Program; Administration; Gender Identity. Amend RSA 167:83, III(e) to read as follows:
(e) To not be discriminated against because of gender, race, creed, color, sex, [gender identity,] sexual orientation, age, disability, political affiliation or beliefs, religion, or national origin.
12 Foster Care Children's Bill of Rights; Gender Identity. Amend RSA 170-G:21, V to read as follows:
V. To be treated with courtesy and respect by department staff, foster parents, residential staff, and providers without regard to race, ethnicity, sexual orientation, [gender identity,] religion, or disability and to participate in activities associated with his or her religious beliefs.
13 State Board of Education; Gender Identity. Amend RSA 186:11, IX-c to read as follows:
IX-c. Require School Districts to Adopt a Policy Allowing an Exception to Specific Course Material Based on a Parent's or Legal Guardian's Determination that the Material is Objectionable. Such policy shall include a provision requiring the parent or legal guardian to notify the school principal or designee in writing of the specific material to which they object and a provision requiring an alternative agreed upon by the school district and the parent, at the parent's expense, sufficient to enable the child to meet state requirements for education in the particular subject area. The policy shall also require the school district or classroom teacher to provide parents and legal guardians not less than 2 weeks advance notice of any curriculum course material used for instruction or program of human sexuality, human sexual education, sexual orientation, or gender[, gender identity, or gender expression]. The policy shall address the method of delivering notification to a parent or legal guardian. The policy shall also acknowledge that no notice is required if a school employee is responding to a question from a student during class. A school district shall make curriculum course materials available to parents or legal guardians for review upon request. The name of the parent or legal guardian and any specific reasons disclosed to school officials for the objection to the material shall not be public information and shall be excluded from access under RSA 91-A.
14 Higher Education; Sexual Misconduct; Definition; Sexual Identity. Amend RSA 188-H:1, VIII to read as follows:
VIII. "Sexual misconduct" means an incident of sexual violence, dating violence, domestic violence, gender-based violence, violence based on sexual orientation [or gender identity] or expression, sexual assault or harassment, or stalking, as defined by each institution in its code of conduct, in a manner consistent with applicable federal definitions.
15 Higher Education; Sexual Misconduct; Definitions; Gender Identity. Amend RSA 188-H:1, VIII to read as follows:
VIII. "Sexual misconduct" means an incident of sexual violence, dating violence, domestic violence, gender-based violence, violence based on sexual orientation [or gender identity] or expression, sexual assault or harassment, or stalking, as defined by each institution in its code of conduct, in a manner consistent with applicable federal definitions.
16 Higher Education; Training; Gender Identity. Amend RSA 188-H:10, V to read as follows:
V. Cultural competence training regarding how sexual misconduct may impact students differently depending on factors that contribute to a student's cultural background, including but not limited to national origin, sex, ethnicity, religion, [gender identity,] gender expression, and sexual orientation.
17 Public Schools; Discrimination; Gender Identity. Amend RSA 193:38 to read as follows:
193:38 Discrimination in Public Schools. – No person shall be excluded from participation in, denied the benefits of, or be subjected to discrimination in public schools because of their age, sex, [gender identity,] sexual orientation, race, color, marital status, familial status, disability, religion, or national origin, all as defined in RSA 354-A. Any person claiming to be aggrieved by a discriminatory practice prohibited under this section, including the attorney general, may initiate a civil action against a school or school district in superior court for legal or equitable relief, or with the New Hampshire commission for human rights, as provided in RSA 354-A:27-28. In this section, "race" means immutable traits associated with race, including hair texture and protective hairstyles and "protective hairstyles" means hairstyles or hair type, including braids, locs, tight coils or curls, cornrows, Bantu knots, Afros, twists, and headwraps.
18 Public Schools; Discrimination Prevention Policy; Gender Identity. Amend RSA 193:39 to read as follows:
193:39 Discrimination Prevention Policy Required. – Each school district and chartered public school shall develop a policy that guides the development and implementation of a coordinated plan to prevent, assess the presence of, intervene in, and respond to incidents of discrimination on the basis of age, sex, [gender identity,] sexual orientation, race, color, marital status, familial status, disability, religion, national origin, or any other classes protected under RSA 354-A.
19 Public Schools; Teaching Discrimination; Gender Identity. Amend RSA 193:40, I to read as follows:
I. No pupil in any public school in this state shall be taught, instructed, inculcated or compelled to express belief in, or support for, any one or more of the following:
(a) That one's age, sex, [gender identity,] sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion or national origin is inherently superior to people of another age, sex, [gender identity,] sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin;
(b) That an individual, by virtue of his or her age, sex, [gender identity,] sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;
(c) That an individual should be discriminated against or receive adverse treatment solely or partly because of his or her age, sex, [gender identity,] sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin; or
(d) That people of one age, sex, [gender identity,] sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin cannot and should not attempt to treat others without regard to age, sex, [gender identity,] sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin.
20 Pupil Safety; Gender Identity. Amend RSA 193-F:2, II to read as follows:
II. Bullying in schools has historically included actions shown to be motivated by a pupil's actual or perceived race, color, religion, national origin, ancestry or ethnicity, sexual orientation, socioeconomic status, age, physical, mental, emotional, or learning disability, gender, [gender identity] and expression, obesity, or other distinguishing personal characteristics, or based on association with any person identified in any of the above categories.
21 Loan Discrimination; Gender Identity. Amend RSA 195-E:14, I to read as follows:
I. The foundation, a qualified educational institution and a loan corporation shall have the full power and authority and be subject to all rights, responsibilities and liabilities for the administration of a loan program and for the distribution and collection of loans to qualified students or their parents, including the determination of who is eligible to receive loans, the amounts of the loans, repayment schedules and interest rates to be charged; provided that the terms are in accordance with law and do not discriminate against any person on account of race, creed, national origin, sex, [gender identity,] sexual orientation, or age. In the case of student loans made to eligible students or the parents of such students who attend educational institutions that are not qualified educational institutions, the foundation shall have primary responsibility for the administration of such portion of the loan program and the servicing of such loans; provided, however, that this sentence shall not prohibit the foundation from contracting with another entity for assistance in such administration and servicing as agent for the foundation.
22 Housing Finance Authority; Discrimination; Gender Identity. Amend RSA 204-C:1, X to read as follows:
X. "Eligible persons and families" shall mean a person or persons, and families of 2 or more persons, irrespective of race, creed, national origin, or sex, [or gender identity,] determined by the authority to require assistance under this chapter on account of insufficient personal or family income taking into consideration, without limitation, such factors as follows: (a) the amount of the total income of such persons and families available for housing needs; (b) the size of the family; (c) the cost and condition of housing facilities available; (d) the ability of such persons and families to compete successfully in the normal private housing market and to pay the amounts at which private enterprise is providing decent, safe and sanitary housing; and (e) if appropriate, standards established for various federal programs determining eligibility based on income of such persons and families.
23 Dog and Horse Racing Employees; Elections; Gender Identity. Amend RSA 273-C:10, VI(b) to read as follows:
(b) The board shall decertify any employee organization which is found in a judicial proceeding to discriminate with regard to membership, or with regard to the conditions thereof, because of age, sex, [gender identity,] sexual orientation, race, color, creed, marital status or national origin; or has systematically failed to allow its membership equal participation in the affairs of the employee organization.
24 Personnel Appeals Board; Reviews and Appeals; Gender Identity. Amend RSA 273-D:3, V to read as follows:
V. If the board finds that the action complained of was taken by the appointing authority for any reason related to politics, religion, age, sex, [gender identity,] race, color, ethnic background, marital status, or disabling condition, or on account of the person's sexual orientation, or was taken in violation of a statute or of rules adopted by the director, the employee shall be reinstated to the employee's former position or a position of like seniority, status, and pay. The employee shall be reinstated without loss of pay, provided that the sum shall be equal to the salary loss suffered during the period of denied compensation less any amount of compensation earned or benefits received from any other source during the period. "Any other source" shall not include compensation earned from continued casual employment during the period if the employee held the position of casual employment prior to the period, except to the extent that the number of hours worked in such casual employment increases during the period. In all cases, the personnel appeals board may reinstate an employee or otherwise change or modify any order of the appointing authority, or make such order as it may deem just.
25 Prohibiting Conversion Therapy; Gender Identity. Amend RSA 332-L:1 to read as follows:
332-L:1 Definition. – In this chapter, "conversion therapy" means practices or treatments that seek to change an individual's sexual orientation [or gender identity], including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. Conversion therapy shall not include counseling that provides assistance to a person undergoing gender transition, or counseling that provides acceptance, support, and understanding of a person or facilitates a person's coping, social support, and identity exploration and development, including sexual-orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, as long as such counseling does not seek to change an individual's sexual orientation [or gender identity].
26 Commission for Human Rights; Purpose; Gender Identity. Amend RSA 354-A:1 to read as follows:
354-A:1 Title and Purposes of Chapter. – This chapter shall be known as the "Law Against Discrimination." It shall be deemed an exercise of the police power of the state for the protection of the public welfare, health and peace of the people of this state, and in fulfillment of the provisions of the constitution of this state concerning civil rights. The general court hereby finds and declares that practices of discrimination against any of its inhabitants because of age, sex, [gender identity,] race, creed, color, marital status, familial status, physical or mental disability or national origin are a matter of state concern, that such discrimination not only threatens the rights and proper privileges of its inhabitants but menaces the institutions and foundation of a free democratic state and threatens the peace, order, health, safety and general welfare of the state and its inhabitants. A state agency is hereby created with power to eliminate and prevent discrimination in employment, in places of public accommodation and in housing accommodations because of age, sex, [gender identity,] race, creed, color, marital status, familial status, physical or mental disability or national origin as herein provided; and the commission established hereunder is hereby given general jurisdiction and power for such purposes. In addition, the agencies and councils so created shall exercise their authority to assure that no person be discriminated against on account of sexual orientation.
27 Commission for Human Rights; Powers and Duties; Gender Identity. Amend RSA 354-A:5, VIII-IX to read as follows:
VIII. To create such advisory agencies and conciliation councils, local, regional or statewide, as in its judgment will aid in effectuating the purpose of this chapter, and the commission may empower them to study the problems of discrimination in all or specific fields of human relationships or in specific instances of discrimination, because of age, sex, [gender identity,] race, color, sexual orientation, marital status, familial status, or physical or mental disability, religious creed or national origin, in order to foster, through community effort or otherwise, good will, cooperation and conciliation among the groups and elements of the population of the state, and make recommendations to the commission for the development of policies and procedures in general and in specific instances, and for programs of formal and informal education which the commission may recommend to the appropriate state agency. Such advisory agencies and conciliation councils shall be composed of representative citizens, serving without pay, but with reimbursement for actual and necessary traveling expenses; and the commission may make provision for technical clerical assistance to such agencies and councils and for the expenses of such assistance.
IX. To issue such publications and such results of investigations and research as in its judgment will tend to promote good will and minimize or eliminate discrimination because of age, sex, [gender identity,] race, color, marital status, familial status, physical or mental disability, religious creed or national origin, and on account of sexual orientation.
28 Commission on Human Rights; Employment Without Discrimination; Gender Identity. Amend RSA 354-A:6 to read as follows:
354-A:6 Opportunity for Employment Without Discrimination a Civil Right. – The opportunity to obtain employment without discrimination because of age, sex, [gender identity,] race, creed, color, marital status, physical or mental disability or national origin is hereby recognized and declared to be a civil right. In addition, no person shall be denied the benefits of the rights afforded by this section on account of that person's sexual orientation.
29 Employment; Discrimination; Gender Identity. Amend RSA 354-A:7, I-III to read as follows:
I. For an employer, because of the age, sex, [gender identity,] race, color, marital status, physical or mental disability, religious creed, or national origin of any individual, to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment, unless based upon a bona fide occupational qualification. In addition, no person shall be denied the benefit of the rights afforded by this paragraph on account of that person's sexual orientation.
II. For a labor organization, because of the age, sex, [gender identity,] race, color, marital status, physical or mental disability, creed, or national origin of any individual, to exclude from full membership rights or to expel from its membership such individual or to discriminate in any way against any of its members or against any employer or any individual employed by an employer, unless based upon a bona fide occupational qualification. In addition, no person shall be denied the benefit of the rights afforded by this paragraph on account of that person's sexual orientation.
III. For any employer or employment agency to print or circulate or to cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make any inquiry or record in connection with employment, which expresses, directly or indirectly, any limitation, specification or discrimination as to age, sex, [gender identity,] race, color, marital status, physical or mental disability, religious creed or national origin or any intent to make any such limitation, specification or discrimination in any way on the ground of age, sex, [gender identity,] race, color, marital status, physical or mental disability, religious creed or national origin, unless based upon a bona fide occupational qualification; provided, however, that nothing in this chapter shall limit an employer after the offer of hire of an individual from inquiring into and keeping records of any existing or pre-existing physical or mental conditions. In addition, no person shall be denied the benefit of the rights afforded by this paragraph on account of that person's sexual orientation.
30 Housing; Discrimination; Gender Identity. Amend RSA 354-A:8 to read as follows:
354-A:8 Equal Housing Opportunity Without Discrimination a Civil Right. – The opportunity to obtain housing without discrimination because of age, sex, [gender identity,] race, creed, color, marital status, familial status, physical or mental disability or national origin is hereby recognized and declared a civil right. In addition, no person shall be denied the benefit of the rights afforded by this section on account of that person's sexual orientation.
31 Real Estate Transactions; Discrimination; Gender Identity. Amend the introductory language of RSA 354-A:10 to read as follows:
354-A:10 Civil Rights Violations; Real Estate Transactions. It shall be an unlawful discriminatory practice because of age, sex, [gender identity,] race, religion, color, marital status, familial status, physical or mental disability or national origin to:
32 Real Estate; Blockbusting; Gender Identity. Amend RSA 354-A:12 to read as follows:
354-A:12 Blockbusting. It is a civil rights violation for any person to:
I. Solicit for sale, lease, listing or purchase any residential real estate within this state, on the grounds of loss of value due to the present or prospective entry into the vicinity of the property involved of any person or persons of any particular race, color, religion, national origin, ancestry, age, sex, sexual orientation, [gender identity,] marital status, familial status or disability.
II. Distribute or cause to be distributed, written material or statements designed to induce any owner of residential real estate in this state to sell or lease his or her property because of any present or prospective changes in the race, color, religion, national origin, ancestry, age, sex, sexual orientation, [gender identity,] marital status, familial status or disability of residents in the vicinity of the property involved.
III. Intentionally create alarm, among residents of any community, by transmitting communications in any manner, including a telephone call whether or not conversation thereby ensues, with a design to induce any owner of residential real estate in this state to sell or lease his or her property because of any present or prospective entry into the vicinity of the property involved of any person or persons of any particular race, color, religion, national origin, ancestry, age, sex, sexual orientation, [gender identity,] marital status, familial status or disability.
IV. Evict a tenant solely on the grounds that the person has acquired immune deficiency syndrome (AIDS) or is regarded to have acquired immune deficiency syndrome.
33 Public Accommodations; Civil Rights; Gender Identity. Amend RSA 354-A:16 to read as follows:
354-A:16 Equal Access to Public Accommodations a Civil Right. – The opportunity for every individual to have equal access to places of public accommodation without discrimination because of age, sex, [gender identity,] race, creed, color, marital status, physical or mental disability or national origin is hereby recognized and declared to be a civil right. In addition, no person shall be denied the benefit of the rights afforded by this section on account of that person's sexual orientation.
34 Public Accommodations; Discrimination; Gender Identity. Amend RSA 354-A:17 to read as follows:
354-A:17 Unlawful Discriminatory Practices in Public Accommodations. – It shall be an unlawful discriminatory practice for any person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, because of the age, sex, [gender identity,] race, creed, color, marital status, physical or mental disability or national origin of any person, directly or indirectly, to refuse, withhold from or deny to such person any of the accommodations, advantages, facilities or privileges thereof; or, directly or indirectly, to publish, circulate, issue, display, post or mail any written or printed communication, notice or advertisement to the effect that any of the accommodations, advantages, facilities and privileges of any such place shall be refused, withheld from or denied to any person on account of age, sex, [gender identity,] race, creed, color, marital status, physical or mental disability or national origin; or that the patronage or custom thereat of any person belonging to or purporting to be of any particular age, sex, [gender identity,] race, creed, color, marital status, physical or mental disability or national origin is unwelcome, objectionable or acceptable, desired or solicited. In addition, no person shall be denied the benefit of the rights afforded by this section on account of that person's sexual orientation.
35 Commission for Human Rights; Statutory Construction; Gender Identity. Amend RSA 354-A:25 to read as follows:
354-A:25 Construction. – No provision of this chapter shall be deemed to supersede any other provision of law for the protection of minors or for the regulation of the employment of minors. The provisions of this chapter shall be construed liberally for the accomplishment of the purposes thereof. Nothing contained in this chapter shall be deemed to repeal any of the provisions of the civil rights law or any other law of this state relating to discrimination because of age, sex, [gender identity,] race, creed, color, marital status, physical or mental disability or national origin; but, as to acts declared unlawful by this chapter the procedure provided in this chapter shall, while pending, be exclusive and the final determination therein shall exclude any other action, civil or criminal, based on the same grievance of the individual concerned. If such individual institutes any action based on such grievance without resorting to the procedure provided in this chapter, such person may not subsequently resort to the procedure in this chapter, provided, however, that nothing in this section shall prevent any individual from applying for or receiving unemployment compensation while the procedure provided for in this chapter is pending or after the procedure provided in this chapter has been concluded. This section shall not prevent the commission for human rights from investigating and acting upon a complaint of discrimination when the complainant has also filed a claim for unemployment compensation in which the issue of illegal discrimination is raised.
36 Public Education; Civil Rights; Gender Identity. Amend RSA 354-A:27 to read as follows:
354-A:27 Opportunity for Public Education Without Discrimination a Civil Right. – No person shall be excluded from participation in, denied the benefits of, or be subjected to discrimination in public schools because of their age, sex, [gender identity,] sexual orientation, race, color, marital status, familial status, disability, religion or national origin, all as defined in this chapter.
37 Commission for Human Rights; Right to Freedom from Discrimination; Gender Identity. Amend RSA 354-A:29, I to read as follows:
I. The general court hereby finds and declares that practices of discrimination against any New Hampshire inhabitants because of age, sex, [gender identity,] sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin are a matter of state concern, that discrimination based on these characteristics not only threatens the rights and proper privileges of New Hampshire inhabitants but menaces the institutions and foundation of a free democratic state and threatens the peace, order, health, safety and general welfare of the state and its inhabitants.
38 Commission for Human Rights; Public Employers; Gender Identity. Amend RSA 354-A:31 to read as follows:
354-A:31 Prohibition on Public Employers. No public employer, either directly or through the use of an outside contractor, shall teach, advocate, instruct, or train any employee, student, service recipient, contractor, staff member, inmate, or any other individual or group, any one or more of the following:
I. That people of one age, sex, [gender identity,] sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin, are inherently superior or inferior to people of another age, sex, [gender identity,] sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin;
II. That an individual, by virtue of his or her age, sex, [gender identity,] sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin is inherently racist, sexist, or oppressive, whether consciously or unconsciously;
III. That an individual should be discriminated against or receive adverse treatment solely or partly because of his or her age, sex, [gender identity,] sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin; or
IV. That people of one age, sex, [gender identity,] sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin cannot and should not attempt to treat others equally and/or without regard to age, sex, [gender identity,] sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin.
39 Content of Government Programs and Speech; Gender Identity. Amend RSA 354-A:32 to read as follows:
354-A:32 Prohibition on the Content of Government Programs and Speech. No government program shall teach, advocate, or advance any one or more of the following:
I. That people of one age, sex, [gender identity,] sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin are inherently superior or inferior to people of another age, sex, [gender identity,] sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin;
II. That an individual, by virtue of his or her age, sex, [gender identity,] sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;
III. That an individual should be discriminated against or receive adverse treatment solely or partly because of his or her age, sex, [gender identity,] sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin; or
IV. That people of one age, sex, [gender identity,] sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin cannot and should not attempt to treat others equally and/or without regard to age, sex, [gender identity,] sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin.
40 Right to Freedom from Discrimination in Public Workplaces and Education; Gender Identity. Amend RSA 354-A:33 to read as follows:
354-A:33 Protection for Public Employees. No public employee shall be subject to any adverse employment action, warning, or discipline of any kind for refusing to participate in any training, program, or other activity at which a public employer or government program advocates, trains, teaches, instructs, or compels participants to express belief in, or support for, any one or more of the following:
I. That people of one age, sex, [gender identity,] sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin are inherently superior or inferior to people of another age, sex, [gender identity,] sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin;
II. That an individual, by virtue of his or her age, sex, [gender identity,] sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;
III. That an individual should be discriminated against or receive adverse treatment solely or partly because of his or her age, sex, [gender identity,] sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin; or
IV. That people of one age, sex, [gender identity,] sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin cannot and should not attempt to treat others equally and/or without regard to age, sex, [gender identity,] sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin.
41 Civil Rights Act; Enforcement; Gender Identity. Amend RSA 354-B:1, I to read as follows:
I. All persons have the right to engage in lawful activities and to exercise and enjoy the rights secured by the United States and New Hampshire Constitutions and the laws of the United States and New Hampshire without being subject to actual or threatened physical force or violence against them or any other person or by actual or threatened damage to or trespass on property when such actual or threatened conduct is motivated by race, color, religion, national origin, ancestry, sexual orientation, sex, [gender identity,] or disability. "Threatened physical force" and "threatened damage to or trespass on property" is a communication, by physical conduct or by declaration, of an intent to inflict harm on a person or a person's property by some unlawful act with a purpose to terrorize or coerce.
42 Transportation Network Companies; Accessibility; Gender Discrimination. Amend RSA 359-U:15, I-II to read as follows:
I. The TNC shall adopt a policy of nondiscrimination on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, or sexual orientation[, or gender identity] with respect to riders and potential riders and notify TNC drivers of such policy.
II. TNC drivers shall comply with all applicable laws regarding nondiscrimination against riders or potential riders on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, or sexual orientation[, or gender identity].
43 Accident and Health Insurance; Gender Identity. Amend RSA 415:15 to read as follows:
415:15 Discrimination. – Discrimination between individuals of the same class in the amount of premiums or rates charged for any policy of insurance covered by this chapter, or in the benefits payable thereon, or in any of the terms or conditions of such policy, or in any other manner whatever, is prohibited. [Discrimination on the basis of gender identity with respect to the availability of any covered services, medications, supplies, or durable medical equipment is specifically prohibited.]
44 Consumer Guaranty Contracts; Gender Identity; Prohibited Acts. Amend RSA 415-C:7, I(j) to read as follows:
(j) Unfairly discriminate based solely on age, place, or area of residence, race, color, creed, national origin, ancestry, marital or civil union status, lawful occupation including military service, sex, [gender identity,] sexual orientation, religion, or blindness or other disability.
45 Insurance; Unfair Practices; Gender Identity. Amend RSA 417:4, VIII(b) to read as follows:
(b) Making or permitting any unfair discrimination between individuals of the same class and of essentially the same hazard in the amount of premium, policy fees, or rates charged for any policy or contract of health insurance or in the benefits payable thereunder, or in any of the terms or conditions of such contract, or in any other manner whatsoever. [Discrimination on the basis of gender identity with respect to the availability of any covered services, medications, supplies, or durable medical equipment is specifically prohibited.]
46 Preferred Provider Agreements; Discrimination; Gender Identity. Amend RSA 420-C:5 to read as follows:
420-C:5 Discrimination Prohibited. – No health care insurer shall discriminate against any provider on the basis of religion, race, color, national origin, age, sex, [gender identity,] sexual orientation, or marital status. Reasonable terms and conditions including, but not limited to, those based on economic or geographic considerations, certain affiliations, or professional privileges shall not be prohibited under this section.
47 Portability, Availability, and Renewability of Health Coverage; Gender Identity. Amend RSA 420-G:6, III-c to read as follows:
III-c. A health carrier in the individual, small group, or large group market shall provide individuals equal access to all health programs, coverage, or activities without discrimination on the basis of sex, sexual orientation, [gender identity,] race, creed, color, marital status, familial status, physical or mental disability, or national origin, as those terms are defined under RSA 354-A.
48 Jurors; Gender Identity. Amend RSA 500-A:4 to read as follows:
500-A:4 Prohibition of Discrimination. A citizen of this state shall not be excluded from jury service on account of race, color, religion, sex, [gender identity,] national origin or economic status.
49 Extended Term of Imprisonment; Crime Involving Gender Identity. Amend RSA 651:6, I(f) to read as follows:
(f) Was substantially motivated to commit the crime because of hostility towards the victim's religion, race, creed, sexual orientation as defined in RSA 21:49, national origin, or sex [or gender identity as defined in RSA 21:53];
50 Repeal. The following are repealed:
I. RSA 21:54, relative to gender identity.
II. RSA 354-A:2, XIV-e, relative to definition of gender identity.
51 Effective Date. This act shall take effect January 1, 2027.
26-2415
12/5/25
HB 1564-FN- FISCAL NOTE
AS INTRODUCED
AN ACT removing all references of gender identity in New Hampshire statutes.
FISCAL IMPACT: This bill does not provide funding, nor does it authorize new positions.
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Estimated State Impact | ||||||
| FY 2026 | FY 2027 | FY 2028 | FY 2029 | ||
Revenue | $0 | Indeterminable | Indeterminable | Indeterminable | ||
Revenue Fund(s) | Fee Revenue | |||||
Expenditures* | $0 | Indeterminable | Indeterminable | Indeterminable | ||
Funding Source(s) | General Fund, Fee Revenue | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
METHODOLOGY:
This bill removes references to gender identify from multiple state statutes, sone of which authorize individuals to seek civil remedies for violation of anti-discrimination laws. To the extent that the bill has a fiscal impact, it may be in the form of fewer civil cases filed. The Judicial Branch has provided the following information on civil case costs and fees:
NH Judicial Branch Average Civil Case Estimates for LBA
Judicial Branch Average Cost | FY 2026 | FY 2027 |
Superior Court Complex Civil Case | $1,283 | $1,342 |
Superior Court Routine Civil Case | $476 | $495 |
Common Civil Case Fees
Superior Court Fees | As of 07/01/25 |
Original Entry Fee | $325 |
Third-Party Claim | $325 |
Motion to Reopen | $195 |
AGENCIES CONTACTED:
Judicial Branch
Dec. 10, 2025: Introduced 01/07/2026 and referred to Judiciary