permitting classification of individuals based on biological sex under certain limited circumstances.
Notwithstanding the Governor's Veto, Shall SB 268 Become Law: RC 0Y-24N, Veto Sustained, lacking the necessary two-thirds vote; 08/19/2026; SJ 15
Summary
SB 268 adds a new section to RSA 354‑A that defines “biological sex” as male or female and says that classifying individuals by biological sex is not unlawful discrimination in three specific contexts: shared restroom or locker‑room facilities, athletic competitions where physical advantage is linked to sex, and prisons or other involuntary‑commitment facilities. The measure does not require any public or private organization to separate people by sex; it merely protects such classifications from discrimination claims. The governor vetoed the bill on February 6, 2026.
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