NH House Testimony

HB1299

House · 2026 sessionRepublicanKilled in House

Sex-based facilities, with unisex option

AI

As amended, this bill permits classification of individuals by biological sex in lavatory facilities, locker rooms, athletic competitions, and detention facilities without it being discrimination, and requires government facilities using sex-based lavatory rules to also provide a single-occupancy bathroom open to all.

permitting classification of individuals based on biological sex under certain limited circumstances and establishing that certain biological sex distinctions do not qualify as discrimination.

DiscriminationCourts and ProcedureCrimes, Crim.Proc. & Corr.

Status

Killed in the House — indefinitely postponed · March 11, 2026
  1. Introduced
  2. House
  3. Senate
  4. Governor
  5. Law

Division of testimony

678 submissions
Support 25Oppose 653Neutral 0

Argument digest · AI-generated

from 127 of 127 written submissions

HB1299 would permit public and private entities to classify individuals by biological sex in spaces such as bathrooms, locker rooms, sports, and correctional or treatment facilities, and declares that certain such distinctions do not qualify as discrimination. The overwhelming majority of submitters oppose the bill, arguing it legalizes discrimination and endangers transgender, nonbinary, and intersex people, while a smaller group of supporters argue it protects women's and girls' privacy, safety, and fair competition.

Generated by claude-sonnet-5 (claude code agent) on Jul 20, 2026. Quotes are verbatim excerpts, verified against the cited submission before publication. Summaries are AI interpretation of the record, not part of it.

Sandra AllenOpposeNewmarket, NHfor MyselfFeb 20, 2026

I am a registered New Hampshire voter, asking you to OPPOSE this bill. Thank you.

Andrea ToddOpposeStrafford, NHfor MyselfFeb 20, 2026

Bills like this are doing a lot of damage in this country and make me fear for the privacy and safety of my friends and family. And even if you're not transgender, any woman ought to be very disturbed by the whole "prove you're a woman" thing, both for its gross insult and its creepy, violent subtext. And it's especially terrifying that some people are trying to make prison, of all places, even more dangerous than it already is. Please don't let this become law.

Courtney GriffinOpposeLondonderry, NHfor MyselfFeb 20, 2026

I oppose this bill because it goes against the principles of our state. “Live free or die” is often taken out of context. Approving this bill is not only a waste of my taxpayer dollars but is oxymoronic to our states motto. Never once have I felt uncomfortable using the restroom of another gender or sexual orientation. It’s unfair and unsafe for our trans community members to be subjected to using their assigned at birth restroom. Some people are so well passing that it would cause further issues having someone who entirely looks and presents as a man entering and using the women’s restroom.

Ariana ZiminskyOpposeNorthfield, NHfor MyselfFeb 20, 2026

I vehemently oppose HB 1299. As with earlier bills, this bill is discriminatory and endangers the lives of transgender people. It is, again, ignorant in that "biological sex" is not even binary to begin with. This bill only fans the flames of hate and will allow more fear and discrimination to take root. Do not pass this bill.

Sharon CorrSupportAmherst, NHfor MyselfFeb 20, 2026

I support this bill, thank you!

Amelia HarveyOpposeWolfeboro, NHfor MyselfFeb 20, 2026

This bill is attempting to shut out transgender people from public life and punished when they have committed no crime. There is no compelling argument that this will improve safety. Instead, it will result in real harm to transgender people, intersex people, and anyone else who is suspected of falling into those categories.

Catharine FarkasOpposeSanbornton, NHfor MyselfFeb 20, 2026

Not appropriate! This is blatant discrimination.

James KaroutsosOpposeManchester, NHfor MyselfFeb 20, 2026

I James Karoutsos of Manchester, NH oppose this bill.

Serena FunaiOpposeNashua, NHfor MyselfFeb 20, 2026

I oppose this bill because it is stripping human rights away from trans people and even cis people. Allowing for discrimination based on biological sex is dehumanizing. New Hampshire is supposed to be the "live free or die" state, but limiting an individual's rights because of who they are is not allowing granite staters to live free,

Patricia AnastasiaOpposeLondonderry, NHfor MyselfFeb 20, 2026

.

Kaos BorneOpposeNashua, NHfor MyselfFeb 20, 2026

Key reasons for opposition include: - Discrimination and Civil Rights Concerns: The bill restricts access to essential services and public accommodations for transgender individuals, violating principles of equality. - Impact on Transgender Youth: This legislation is hostile to the mental health and well-being of transgender youth, potentially increasing social stigma and isolation. - Exclusion from Activities: By allowing sex-based distinctions in athletic and sporting competitions, critics argue the bill aims to exclude transgender people from participating in activities aligned with their gender identity. - Legal Challenges: The legislation mirrors other anti-trans bills that face scrutiny for potentially violating equality rights. Based on the text of the bill and its aim to codify sex-based restrictions in facilities and services, fiscal reasons to oppose New Hampshire House Bill 1299 for the 2026 session center on potential litigation costs, compliance burdens for state-funded entities, and potential loss of federal funding for non-compliance with anti-discrimination laws. - Litigation Costs: The bill, which defines sex-based classifications in multi-user facilities and sports, may trigger costly legal challenges, forcing the state to spend taxpayer money defending potential violations of federal Title IX or constitutional equal protection clauses. - Compliance and Infrastructure Costs: State agencies, public schools, and local, state-funded institutions might be forced to reconfigure existing facilities to meet the new, strict binary separation requirements, creating an unexpected fiscal burden on local governments. - Federal Funding Risk: By establishing that these forms of separation do not qualify as discrimination under state law, the bill may conflict with federal guidelines, risking federal funding for public education and other services. - Economic Impact of Discrimination: Policies that are perceived as discriminatory, such as restricting access to facilities or services, can hinder efforts to attract and retain a diverse workforce, which is essential for economic growth in New Hampshire. These concerns suggest that the implementation of HB 1299 could lead to higher, rather than lower, costs for taxpayers, contrary to the typical goals of reducing state spending. To help conceptualize: Civil rights discrimination litigation costs in New Hampshire vary widely, with formal litigation costs typically ranging between $5,000 and $10,000 per case, excluding attorney fees. While initial filing with the NH Commission for Human Rights is free, private lawsuits often involve high hourly rates ($200–$400+) or contingency fees (30%–40% of winnings). This is per suit. And while specific, localized data on the precise revenue generated solely by transgender community members in New Hampshire is not explicitly separated in state economic reports, but studies on the broader LGBTQ+ population and the impact of non-discrimination policies provide a significant economic picture. Key Economic Data for New Hampshire - Broad LGBTQ+ Economic Impact: The LGBTQ+ community in New Hampshire (which includes transgender individuals) has a personal income estimated at $3.9 billion, representing a significant market for the state. - Economic Growth from Equality: A 2018 non-discrimination law that protects transgender people (among others) is estimated to have helped grow the state's economy by 3%, or $2.5 billion. - Cost of Turnover: Retaining LGBTQ+ employees is crucial, as replacing an employee in New Hampshire costs companies an average of $10,208. Economic Contribution Summary - Nationwide Context: LGBTQ+-owned businesses, which include trans-owned enterprises, contribute over $1.7 trillion to the U.S. economy. - Sector Impact: Transgender, non-binary, and gender-nonconforming people in the U.S. are part of a workforce that drives demand in sectors such as retail, health services, and technology, contributing to the overall $917 billion+ in annual spending by the broader LGBTQ+ community. Alienating this community will only further harm the struggling state economy.

John DeJoieOpposeConcord, NHfor National Association of Social Workers - NH ChapterFeb 20, 2026

See testimony from hb1217

Jenny ThibeaultOpposePlymouth, NHfor MyselfFeb 20, 2026

Just stay OUT OF THE BATHROOMS. Trans people are NOT the danger.

Theresa VaillancourtOpposeGoffstown, NHfor MyselfFeb 20, 2026

Dear members of the House Judiciary, I’m writing in opposition to discriminatory bills aimed at transgender, non-binary, and intersex folks by way of defining policy based on “biological sex”. Organizations like the American Psychiatric Association, the American Medical Association, and the World Professional Association for Transgender Health all recognize that gender diversity is part of natural human variation. Gender is not a simplistic binary switch—it’s shaped by genetics, prenatal hormone exposure, neurodevelopment, culture, and personal identity. Human biology is messy. Intersex variations exist. Brain diversity exists. The idea that everyone fits neatly into rigid categories is scientifically outdated and false. I urge you to stop the targeting the rights of a minority group and making their lives harder. We need lawmakers to focus on solving actual issues that will help the citizens of NH. Thank you for your consideration, Theresa Vaillancourt Goffstown, NH

ST LUOpposeMerrimack, NHfor MyselfFeb 20, 2026

As the child of a biracial couple who has faced severe discrimination, I am disgusted that my state would entertain denying a marginalized group the basic dignity to be treated fairly as members of our community. This law not only goes against basic sociology: gender and sex do not line up perfectly with every person. It ignores the reality that protecting the trans community from harassment and harm necessarily requires they be allowed to use the facilities of their identified gender. The insistence that trans women don't belong in female facilities becomes absurd for one simple reason: trans men and non-binary individuals exist in almost equal amounts. You would force one group out of these areas to force another back in, gaining nothing but mistreatment in the process. It ignores the simple fact that we already have assault laws on the books, and singles out a group of humans who have overwhelmingly received harassment and harm in these recent years. It also ignores history. It ignores the generations of feminism that have already had this conversation with regard to black women, the lesbian community, the intersex community, and various other groups who went through the exact same struggle you now put in front of the trans community. Facilities bear no sexual or ideological purpose. Bathrooms are for simple biological realities of all genders, born of necessity. What's more horrifying, however, is to assume it is safe to put trans individuals in a prison separate from those that match their identity. This community faces extreme risk of both physical and sexual violence. To ignore that is damning for this entire committee. This bill WILL lead to assaults of innocent people if you pass it. The athletic debate of the trans community is fundamentally academic. It ignores the reality that 90% of athletics is about teamwork, self-improvement, and growth. It also ignores modern biology, which clearly states a trans individual who have gone through sufficient hormone therapy shows no distinct improvements over their cis counterparts. To add, it is also inconsistent. Would this committee suggest next that we deny athletes based on other characteristics? Should sufficiently tall people be excluded from athletics? Biology is a component of sports, that is why a competition exists in the first place. This committee, as all before it, still has not proven a single case where a trans person both had an advantage and intended to use it to the harm of other players. To imply trans people have breached some sensibility by using the facilities of their gender is to assume some greater purpose that the law does not already cover. At best, it is redundant. At worst it is disgustingly harmful. I oppose vehemently and strongly urge the committee to vote ITL

Sharon RacusinOpposeHanover, NHfor MyselfFeb 20, 2026

I can't say anything nice about the sponsors of this bill.

Christina BarryOpposeGoffstown, NHfor MyselfFeb 20, 2026

I am in opposition to HB 1299 - as this bill explicitly declares that discrimination on the basis of biological sex is not discrimination; which is not only factually incorrect, but it undermines New Hampshire's civil rights framework. Transgender people are among the most vulnerable members of our communities, and legislation like this makes them less safe in spaces where they seek care, rehabilitation, and athletic participation. The claim that excluding a person from a facility isn't discriminatory doesn't make it true, it's an attempt to redefine discrimination out of existence to avoid accountability and further an anti-trans agenda. This bill would expose the state to legal challenges and, more importantly, it would cause real harm to real people. I urge this committee to vote Inexpedient to Legislate.

Denise ClarkOpposeMilford, NHfor MyselfFeb 20, 2026

Lisa HarbusOpposeGoffstown, NHfor MyselfFeb 20, 2026

Please stop putting up legislation that is attacking the Trans community. There are many more significant issues and problems that you are charged with addressing as an elected official. This is not what state government should be focused on.

Ruth NivenOpposeFranklin, NHfor MyselfFeb 20, 2026

This is discrimination. Please oppose. Thank you.

Mary JenkinsOpposeGoffstown, NHfor MyselfFeb 20, 2026

Please OPPOSE HB1299. The bill further alienates and marginalizes transgender people. It's not the NH way to demonstrate this sort of hate. It's very disappointing and hurtful. It's also discriminatory, regardless of what the bill says. Gender is much more expansive than what this bill states. Please vote ITL.

Tiffany WilsonOpposeMilford, NHfor MyselfFeb 20, 2026

This is another discriminatory bill that demonized trans people and does nothing to protect women.

Rebecca HoskinsOpposeConcord, NHfor MyselfFeb 20, 2026

Really? Five separate bills today all with the aim of discrimination. This one wants to pretend that it isn't for discrimination, but there is no other conceivable reason for trying to push through a bill like this. Especially, when the governor has vetoed similar bills both last year and this year. While there may be much I disagree with Governor Ayotte about, we can agree that everyone deserves the quiet dignity of being able to use the bathroom of their choice without fear of harassment or assault. Is this the Live Free Or Die state? I could've sworn that was the state motto. I was born and raised in this state. i have never lived anywhere else. I've always felt as though I could truly be myself here and I don't intend to let that change. These bills are not genuinely, at their hearts, about keeping public or private spaces safe. They are about fear. I understand that it can be hard to understand a community that you're not a part of and don't necessarily have a connection to. But that fear doesn't absolve you from attempting to legislate a minority population out of existence. And such attempts will not be successful. Gay, queer, trans, and gender nonconforming people will continue to exist; beyond what these pieces of legislation attempt to tell us about our existence.

Lesley SmithOpposeNashua, NHfor MyselfFeb 20, 2026

I am testifying today as a concerned member of the public. I do not identify with either party and I am a cisgender woman. I have never felt otherwise. However, I find it deeply concerning that there are so many representatives in the House, mostly Republican, that are so concerned with other people's private part and children's private parts that they are trying to legislate them. There has been undeniable evidence that there are many pedophiles within our government and that should take a huge precedence. Continuing to talk about and police other people's literal PRIVATE parts is insane. This committee is hearing not one, not two but FOUR almost identical bills today. That is absurd and further concerning about pedophiles being here in New Hampshire. The United States is in crisis the NH house thinks that thinking about and legislating what's in people's pants is the most important thing to spend time with four bills for two hours and almost identical. For the Live Free or Die state, these representatives are more than happy to infringe on people's rights instead of addressing the very real and pressing issues for not only New Hampshire but the country. This is shameful . House Bills 1217, 1299, 1442 and 1447 are harmful and seek nothing more than to inflict harm on people, specifically women, if They're not deemed up to some standard. Be honest about what the panic really is. It's not because you're afraid of transgender people, You're afraid of predatory men. Like women have been all our lives. Policing people's bodies cannot lead to anything but assault and harassment on specifically women. With full grown MEN thinking it's their place to acceptably go into WOMEN'S spaces to police people. Causing harm and trauma because how do you prove your sex? People will be forced to pull their pants down and that is horrific. You've also targeting children. The whole world has just seen how sexual assault is built into America and this will only cause more harassment, bullying and assault. These bll are just adult bullying. Do better. Focus on the things that are actually killing democracy in real time. Thank you.

Ben MartinOpposeConcord, NHfor MyselfFeb 20, 2026

I strongly oppose this bill. It is especially vital that correctional facilities and treatment centers be required to respect the sexual and gender identities of those in their care. Because residents of institutions cannot leave, it would be cruel and unusual to permit a classification that ignores their identities.