exempting classification of individuals based on biological sex from the definition of an unlawful discriminatory practice in certain limited circumstances.
What changed between versions
The bill's legal approach changed entirely. The introduced version created a new chapter (RSA 193-L) with specific mandates for school athletics and a new section in the corrections code. The amended version instead modifies the existing anti-discrimination statute (RSA 354-A) to exclude biological sex classification from the definition of unlawful discrimination in limited circumstances.
Athletics coverage broadened beyond school-sponsored events. The introduced version applied only to interscholastic and intercollegiate sports sponsored by schools or state-controlled organizations. The amended version applies to any athletic or sporting event where physical strength, speed, or endurance is generally recognized to give biological males an advantage, regardless of who sponsors it.
Facility coverage expanded beyond prisons and detention centers. The introduced version applied only to correctional and detention facilities under RSA 21-H and 30-B. The amended version covers prisons, houses of correction, juvenile detention or commitment centers, mental health hospitals or treatment centers, and like facilities where persons may be committed involuntarily.
The exemptions for grades K-5 and for intramural or club sports were removed, though the new broader language about physical advantage may cover some of the same ground differently.
The specific locker room separation requirement was eliminated entirely. The introduced version mandated separate locker rooms based on biological sex for all school athletics; the amended version contains no such provision.
The private right of action for athletes was removed. The introduced version gave individual athletes a direct lawsuit right against schools for violations, including retaliation claims and attorney's fees. The amended version relies on the existing anti-discrimination enforcement framework instead.
The definition of biological sex changed. The introduced version tied it to the sex listed on an official birth certificate issued at or near birth. The amended version simply defines it as 'the male and female biological sexes' without reference to any documentation.
Effective date changed from January 1, 2027 to 60 days after passage of the act.
