SB 459 - AS AMENDED BY THE SENATE
03/26/2026 1217s
2026 SESSION
26-2222
12/09
SENATE BILL 459
SPONSORS: Sen. Gannon, Dist 23; Sen. Sullivan, Dist 18; Sen. Pearl, Dist 17; Sen. Abbas, Dist 22; Sen. McGough, Dist 11; Sen. Murphy, Dist 16; Sen. Innis, Dist 7; Rep. Bernardy, Rock. 36; Rep. Litchfield, Rock. 32; Rep. M. Pearson, Rock. 34; Rep. L. Walsh, Rock. 15
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill provides a definition for biological sex and exempts classification by biological sex in athletic competitions and in facilities where persons may be committed involuntarily from the definition of an unlawful discriminatory practice.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/26/2026 1217s 26-2222
12/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
AN ACT exempting classification of individuals based on biological sex from the definition of an unlawful discriminatory practice in certain limited circumstances.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 State Commission for Human Rights; Law Against Discrimination; Purpose and Scope. Amend RSA 354-A:1 to read as follows:
354-A:1 Title and Purposes of Chapter.
I. 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.
II. The general court finds that there are circumstances in which classification of persons based on biological sex serves the compelling state interests of protecting the privacy rights and physical safety of others. The legislature finds that permitting the narrowly tailored classification of persons based upon biological sex serves this compelling state interest in the circumstances described in RSA 354-A:2, XV-a.
2 State Commission for Human Rights; Definitions; Unlawful Discriminatory Practice; Exclusions. Amend RSA 354-A:2, XV to read as follows:
XV.(a) "Unlawful discriminatory practice" includes:
[(a)] (1) Practices prohibited by RSA 354-A;
[(b)] (2) Practices prohibited by the federal Civil Rights Act of 1964, as amended (PL 88-352);
[(c)] (3) Practices prohibited by Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. §§ 3601-3619);
[(d)] (4) Aiding, abetting, inciting, compelling or coercing another or attempting to aid, abet, incite, compel or coerce another to commit an unlawful discriminatory practice or obstructing or preventing any person from complying with this chapter or any order issued under the authority of this chapter.
(b) “Unlawful discriminatory practice” shall not include classification of persons based on biological sex:
(1) ?In athletic or sporting events or competitions in a sport or similar activity in which physical strength, speed, or endurance is generally recognized to give an advantage to biological males.
(2) ? In the operation, maintenance, and use of facilities designed for usage as prisons, houses of correction, juvenile detention or commitment centers, mental health hospitals or treatment centers and like facilities to which persons may be committed involuntarily.
XVI. “Biological sex” means the male and female biological sexes.
3 Effective Date. This act shall take effect 60 days after its passage.
| Date | Amendment |
|---|---|
| March 17, 2026 | 2026-1217s |
| Date | Body | Type |
|---|---|---|
| Feb. 11, 2026 | Senate | Hearing |
| March 26, 2026 | Senate | Floor Vote |
| March 26, 2026 | Senate | Floor Vote |
| April 8, 2026 | House | Hearing |
April 1, 2026: Public Hearing: 04/08/2026 10:00 am GP 230
March 27, 2026: Introduced (in recess of) 03/26/2026 and referred to Judiciary HJ 9
March 26, 2026: Ought to Pass with Amendment #2026-1217s, RC 15Y-9N, MA; OT3rdg; 03/26/2026; SJ 7
March 26, 2026: Committee Amendment # 2026-1217s, AA, VV; 03/26/2026; SJ 7
March 26, 2026: Sen. Lang Moved Reconsideration on the Previous Vote, RC 15Y-9N, MA; 03/26/2026; SJ 7
March 26, 2026: Committee Amendment # 2026-1217s, AF, VV; 03/26/2026; SJ 7
March 26, 2026: Special Order to the end of the Calendar, Without Objection, MA; 03/26/2026; SJ 7
March 18, 2026: Committee Report: Ought to Pass with Amendment # 2026-1217s, 03/26/2026, Vote 3-1; SC 11
Feb. 5, 2026: Hearing: 02/11/2026, Room 103, SH, 01:20 pm; SC 5
Nov. 21, 2025: Introduced 01/07/2026 and Referred to Judiciary; SJ 1