permitting classification of individuals based on biological sex under certain limited circumstances.
SB 268 amends New Hampshire's anti-discrimination law to permit classification by biological sex in three specific settings: restrooms/locker rooms, athletic competitions where physical strength is a factor, and detention facilities. It clarifies that such classification does not constitute unlawful discrimination under state law. The bill directly affects public and private entities operating these facilities and events, requiring them to use biological sex instead of gender identity in these limited contexts. The law aims to protect privacy and physical safety in these settings, as stated in the bill's legislative findings.
Bill status
vetoed
3 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Jan 2026
Senate Failed
Aug 2026
House Passage
Jan 2026
Vetoed
Aug 2026
Introduced Jan 23, 2025
Vetoed Aug 19, 2026
Floor votes · Senate Aug 19, 2026 · House Jan 8, 2026
How they voted
0–24
Failed
Total votes 24
Aug 19, 2026
D
Democratic8
100% Nay
R
Republican16
100% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
22
Key actions
9
Committee
8
Aug 19, 2026
Vetoed
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
upper
Aug 19, 2026
Vote failed
Senate Vote: fail (0-24)
senate
Feb 17, 2026
Vetoed
Vetoed by Governor 02/06/2026
upper
Jan 8, 2026
House · Passed
House Vote: pass (95-95-33)
house
Jan 8, 2026
Lower · Passed
Ought to Pass: MA RC 185-159 01/08/2026 HJ 2 P. 49
lower
Nov 19, 2025
Lower · Passed
Minority Committee Report: Inexpedient to Legislate
lower
Nov 19, 2025
Lower · Passed
Majority Committee Report: Ought to Pass 11/12/2025 (Vote 10-7; RC) HC 51 P. 40
lower
Aug 25, 2025
Lower · Passed
Full Committee Work Session: 09/10/2025 10:00 am GP 230
lower
Apr 24, 2025
Lower · Passed
Retained in Committee
lower
Mar 28, 2025
Introduced
Introduced (in recess of) 03/27/2025 and referred to Judiciary HJ 11 P. 113
lower
Mar 27, 2025
Upper · Passed
Ought to Pass with Amendment #2025-1118s, RC 16Y-8N, MA; OT3rdg; 03/27/2025; SJ 9
upper
Mar 27, 2025
Upper · Passed
Committee Amendment # 2025-1118s, AA, VV; 03/27/2025; SJ 9
upper
Mar 20, 2025
Upper · Passed
Committee Report: Ought to Pass with Amendment # 2025-1118s, 03/27/2025, Vote 3-2; SC 14
upper
Jan 23, 2025
Introduced
Introduced 01/09/2025 and Referred to Judiciary; SJ 3
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Kevin Avard
RRepublican
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