New HampshireFailed proposal would allow sex-based rules in some shared facilities and sports
The failed proposal would allow sex-based classifications in shared facilities, some sports, and places where people may be held involuntarily, while leaving organizations free to decide whether to separate people.
What it does
Organizations could classify people by biological sex in shared restrooms and locker rooms, some sports, and facilities where people may be held involuntarily. The proposal would say these classifications are not unlawful discrimination based on sex or gender identity.
Argument forOrganizations could use sex-based rules in shared facilities, some sports, and involuntary care settings to protect privacy and physical safety.
Argument againstPeople whose gender identity differs from their biological sex could face limits on use of shared facilities, some sports, or places where people are held involuntarily.
More detail
The failed proposal would say classifying people by biological sex in three listed settings is not unlawful discrimination based on sex or gender identity. It would cover shared-use restrooms and locker rooms, sports where biological males generally have an advantage in strength, speed, or endurance, and facilities where people may be held involuntarily, including prisons and mental health hospitals. The proposal would not require public or private organizations to separate people by biological sex. If it had taken effect, the proposal would have started 60 days after passage; the governor vetoed it and the veto was sustained.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Aug 19Veto Sustained 08/19/2026: RC 165-149 Lacking Necessary Two-Thirds Vote HJ 16 P. 36Latest
- Vote recorded Veto Override. Result: pass.Lower
- Jul 20Vetoed by Governor Kelly Ayotte Ayotte 07/15/2026Major
- Jun 23Enrolled (in recess of) 06/04/2026 HJ 15 P. 52To Governor
- Jun 23Enrolled Adopted, VV, (In recess 06/04/2026); SJ 14Minor
- May 21House Concurs with Senate Amendment 2026-1384s (Rep. Lynn): MA RC 184-155 05/21/2026 HJ 14 P. 18
- Vote recorded Concur. Result: pass.Lower
- Apr 16Ought to Pass with Amendment # 2026-1384s, RC 15Y-8N, MA; OT3rdg; 04/16/2026; SJ 9Passed Senate
- Vote recorded Ought to Pass w/Amendment. Result: pass.Upper
- Apr 16Committee Amendment # 2026-1384s, AA, VV; 04/16/2026; SJ 9
- Apr 7Committee Report: Ought to Pass with Amendment # 2026-1384s, 04/16/2026, Vote 3-2; SC 14Minor
- Mar 26Hearing: 04/02/2026, Room 100, SH, 01:50 pm; SC 12
- Mar 6Introduced 03/05/2026 and Referred to Judiciary; SJ 6Minor
- Mar 5Ought to Pass with Amendment 2026-1054h: MA RC 181-164 03/05/2026 HJ 6 P. 102Passed House
- Vote recorded OTPA. Result: pass.Lower
- Vote recorded Adopt Floor Amendment. Result: pass.Lower
- Vote recorded Interim Study. Result: fail.Lower
- Vote recorded Table. Result: fail.Lower
- Mar 5FLAM # 2026-1054h (Rep. Layon): AA RC 183-162 03/05/2026 HJ 6 P. 99
- Mar 5Refer for Interim Study: MF RC 163-182 03/05/2026 HJ 6 P. 95
- Mar 5Lay HB1442 on Table (Rep. Wade): MF RC 163-186 03/05/2026 HJ 6 P. 95
- Mar 5Special Order to the next order of business (Rep. Kofalt): MA DV 191-158 03/05/2026 HJ 6 P. 95
- Mar 3Removed from Consent (Reps. Kofalt, Mazur, Layon, Sabourin dit Choiniere, Farrington, McFarlane, Beaulier, DeVito, Sirois, McGrath, Korzen) 03/03/2026 HJ 6 P. 2
- Feb 25Committee Report: Refer for Interim Study 02/20/2026 (Vote 17-0; CC) HC 9 P. 18
- Feb 25Executive Session: 02/20/2026 11:00 am GP 231
- Feb 12Public Hearing: 02/20/2026 11:00 am GP 231
- Aug 19Veto Sustained 08/19/2026: RC 165-149 Lacking Necessary Two-Thirds Vote HJ 16 P. 36Latest
- 2025
- Dec 4Introduced 01/07/2026 and referred to Judiciary HJ 1 P. 20Introduced
Civil Rights & Voting