StateNew Hampshire

SB 268: permitting classification of individuals based on biological sex under certain limited circumstances.

Kevin AvardTo Governor

SB 268 status: To Governor — 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 (updated Aug 19, 2026).

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What this bill does

Overall score

Score40/100 civic fit
RiskHigh risk
ImpactModerate impact 65/100

Bill summary

Official

The Senate is considering a bill that would allow people to be grouped by their biological sex (male or female) in certain specific situations.

Key analysis

Constitutionality50%
Bipartisan20%
Public opinion50%
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Impact analysis

Environment

Mixed / Neutral
50%

Benefits

  • no material impact identified

Risks

  • no material impact identified

Economy

Mixed / Neutral
50%

Benefits

  • no material impact identified

Risks

  • no material impact identified

Society

Critical Outlook
35%

Benefits

  • codifies privacy and safety considerations for designated facilities
  • establishes clear statutory definition of biological sex

Risks

  • potential for increased discrimination against transgender individuals
  • exclusionary impact on gender identity participation in sports and facilities
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How trustworthy & consequential it is

Source

LegiScan

Confidence

high

high

Analysis status

LegiScan full bill text

Warning

conflicts with existing federal anti-discrimination protections and pending judicial interpretations

Limitation

bill text is specific to NH RSA 354-A but does not override federal Title IX requirements

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Where it stands

Introduced

Complete

Committee

Complete

Floor

Complete
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Governor

Current

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

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Enacted

Upcoming
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