NH House Testimony

SB459

Senate · 2026 sessionRepublicanKilled in House

Biological sex exemption in discrimination law

AI

Defines 'biological sex' in state law and excludes classification of individuals by biological sex in athletic competitions and in facilities for involuntary commitment from the definition of unlawful discrimination.

(New Title) exempting classification of individuals based on biological sex from the definition of an unlawful discriminatory practice in certain limited circumstances.

DiscriminationPublic and Mental Health

Status

Killed in the House — Inexpedient to Legislate · April 23, 2026
  1. Introduced
  2. Senate
  3. House
  4. Governor
  5. Law

Division of testimony

422 submissions
Support 20Oppose 402Neutral 0

Argument digest · AI-generated

from 89 of 89 written submissions

SB459 would exempt classification by biological sex from New Hampshire's anti-discrimination law in limited contexts—school sports, locker rooms/restrooms, and prison housing. Supporters argue this preserves fairness for women and girls in sports and protects privacy and safety in sex-segregated spaces. A much larger group of opponents argues the bill legalizes discrimination against transgender and intersex people, endangers a small and already vulnerable population, and revives proposals the Governor has already vetoed multiple times.

Generated by claude-sonnet-5 (claude code agent) on Jul 22, 2026. Quotes are verbatim excerpts, verified against the cited submission before publication. Summaries are AI interpretation of the record, not part of it.

Will OliverOpposeCenter Conway, NHfor MyselfApr 8, 2026

Trans people deserve full rights and protections to live safe, vibrant lives - bills like these run directly contrary to the values of New Hampshire and the U.S.!

Stephen BilottaOpposeBrookline, NHfor MyselfApr 8, 2026

Aren't these people going through enough in life without the government picking on them and taking their rights away For this reason I OPPOSE this bill.

Eileen BilodeauOpposeDover, NHfor MyselfApr 8, 2026

SB 459 should be rejected because it is a targeted and harmful expansion of government authority that undermines individual rights while offering no clear public benefit. This bill would bar transgender girls from participating in girls’ sports, force individuals to use locker rooms that do not align with their identity, and mandate prison placements without regard for personal safety. These are not neutral policies—they are exclusionary measures that place real people at risk and strip them of dignity. It also creates unnecessary legal and administrative chaos by allowing individuals to sue schools over alleged violations. This exposes already underfunded institutions to costly litigation, confusion, and conflict, diverting resources away from education and student well-being. Perhaps most troubling, SB 459 weakens New Hampshire’s existing nondiscrimination protections by carving out exceptions that make unequal treatment lawful. That is a direct rollback of rights and a clear step backward for the state. New Hampshire has long valued personal liberty and limited government. SB 459 contradicts those principles by inserting the state into deeply personal aspects of people’s lives while doing nothing to meaningfully improve safety or fairness. I am a transgender resident of New Hampshire, and this bill would directly impact my life and the lives of others like me. It does not protect us—it harms us. SB 459 should be rejected.

Benjamin StinsonOpposeConcord, NHfor MyselfApr 8, 2026

I'm increasingly frustrated that this legislative body continues to waste the people's time and money trying to ban trans people from bathrooms (etc) when NH has funding and housing crises to address and similar bills have been vetoed. Frankly, I'm sick of rewriting the same objections every time. This is wrongheaded. Its conception of biological sex is incomplete. Its understanding of gender is nonexistent, it endangers more than it protects, and its enforcement is a massive can of worms. Also let's just say as a resident of the Live Free or Die state, I don't want the government meddling in people's pants. I don't think that should be controversial.

Whitney BurbankOpposeDover, NHfor MyselfApr 8, 2026

Why are you so interested in people's genitals?????? That's so weird!!!!

Lauren ZielinskiOpposeManchester, NHfor MyselfApr 8, 2026

This bill puts vulnerable students at risk by forcing them to be in a potentially hostile situation. Locker rooms are away from the protective watch of teachers and administrators and are a place where bullying is more prevalent. Forcing trans students to use a locker room not aligning with their gender identity can be a scary, intimidating, and traumatic experience.

Regina ConradOpposeLyndeborough, NHfor MyselfApr 8, 2026

There is an inordinate amount of time spent on regulation where 1% of the populations us the toilet or change their clothes. I am curious how you check who goes into which bathroom.

Ryan ConroyOpposeConcord, NHfor MyselfApr 8, 2026

This bill is discriminatory on its face and seeks only to alienate and humiliate non-cisgender people in a public setting, and to repress their ability self-express. Any claim that this bill would ensure the safety of all parties involved is misinformed at best and disingenuous at worst, as it would put affected non-cisgender identifying persons at greater risk of bullying and other forms of harm from potential malefactors present in these locker room settings.

Kevin BaringerOpposeNewmarket, NHfor MyselfApr 8, 2026

This bill is discriminatory and is in opposition to the value of New Hampshire citizens.

Jillian LeighOpposeHampton Falls, NHfor MyselfApr 8, 2026

Please oppose SB459. Given the very small number of NH children (literally a handful) who are transgender and identify as such and wish to play school sports on a school team that corresponds to their gender identity, this bill is completely unnecessary, as decisions regarding locker rooms and showers can certainly be dealt with on an individual basis. School age children inherently understand their gender, which can occasionally be different from that assigned at birth. Children who are insistent, persistent and consistent over time regarding their gender identity must be believed and supported, and not doing so can be very harmful to these children, often leading to suicide. Science understands and has proven that transgender and/or intersex children exist. There is no good reason to discriminate against these kids, and SB459 would do exactly that. Jillian Leigh Hampton Falls

Jeffrey SemprebonOpposeCLAREMONT, NHfor MyselfApr 8, 2026

Please oppose this bill, which seeks to allow for discrimination against transgender people in New Hampshire by allowing segregation based on “biological sex”. This does not solve any actual problem, other than transphobic people feeling discomfort in accepting that transgender people exist. Using “biological sex” to segregate people would itself create problems, such as forcing transgender men into women’s spaces and encouraging harassment of cisgender women who some self-appointed authority doesn’t think look feminine enough. The bill is at least partly based on the premise that trans girls and women have an unfair advantage in sports over cisgender girls and women, which appears not to be based on actual data: "Conclusion While transgender women exhibited higher lean mass than cisgender women, their physical fitness was comparable. Current evidence is mostly low certainty and has heterogenous quality but does not support theories of inherent athletic advantages for transgender women over cisgender." https://bjsm.bmj.com/content/early/2026/01/22/bjsports-2025-110239

Timothy SmithOpposeAshland, NHfor MyselfApr 8, 2026

I oppose this bill. on its face it carves out an exception for a specific population of NH citizens. the addition of language to provide ostensibly for the 'privacy rights and physical safety of OTHERS' (my emphasis), does not define those others. Other than who? Those who fall outside of white stereotypical gender norms? I would like to think that the 'others' referred to are transgender and non-binary people, whose privacy rights and physical safety are being jeopardized if this bill is signed into law. There is zero evidence that there is or ever has been any danger to privacy or physical safety for women or children in this state. Ever. There has consistently been a physical danger and violation of privacy rights against transgender people. This bill proposes to physically endanger and violate the privacy rights of a class of people who are at higher risk of abuse and violence already. Perhaps that is by design. This bill goes on to redefine 'unlawful discriminatory practice' to ostensibly exclude transgender and non-binary people. The issue is that there is no definition of 'BIOLOGICAL SEX' offered other than the anti-scientific 'common sense' or 'xx xy' which would of course require chromosome testing. Biologically, I am human, I suspect you are too - although not sure. Male and female are not biological categories. Neither you nor I have any idea what our chromosomes indicate. THAT WILL BE A PROBLEM FOR MANY MEN AND WOMEN WHO FIND THAT THEY ARE NOT 'XX' OR NOT 'XY' when testing becomes mandatory to determine 'biological sex.' many permutations exist. The goal of this bill is intimidation, and to increase the physical threat, danger and privacy violations against transgender and non-binary people to prompt them to remove themselves from public life out of fear of being put into a jail cell or locker room with people who will absolutely harm a transgender or non-binary person. So you can be comfortable. So you don't have to see them any more. So you can prop up the illusion that white gender stereotypes are typical. They are not, even you don't meet those stereotypes. This bill is discriminatory and vile and anti-humane. please vote ITL

Tye ThompsonOpposeNottingham, NHfor MyselfApr 8, 2026

This bill is another example of the state legislature attempting to police the movements of trans people in New Hampshire, despite two separate Governors vetoing three similar bills already. It is problematic for trans people and cis gendered women alike in that is is a policing of women’s bodies. Across time this has led to greater rates of violence towards women. Vote ITL

Andera ToddOpposeStrafford, NHfor MyselfApr 8, 2026

Yet another bill that's pro-discrimination, irrationally portrays gender minorities as threats, and would encourage invasion of privacy as part of enforcing it. The prison stuff is especially scary, anything that would encourage anti-trans and anti-intersex discrimination in prison would also lead directly to more violent abuses (while demonizing the people on the recieving end of the abuse). Please oppose this bill.

Della DolcinoOpposeConcord, NHfor MyselfApr 8, 2026

This would be a death sentence for incarcerated trans women.

Alecia MagnificoOpposeDurham, NHfor MyselfApr 8, 2026

I oppose this bill, which only serves to police the actions and restrict the freedom of trans people in New Hampshire. There are only a tiny percentage of people who define themselves as trans, and they already have been marginalized within society. Laws like this one choose to increase this marginalization even more while creating no benefit for other citizens. Furthermore, while "biological sex" in this bill may seem straightforward, it isn't -- and thus this legislation creates further challenges for people who were born intersex or with atypical chromosomes.

Stephen ScaerSupportNashua, NHfor MyselfApr 8, 2026

Please vote OTP, which would restore female sports and prisons. Transgender women - including Representatives Alice Wade and Lilly Butler - are men, human males. They should use men's facilities. If trans-identifying males claim to be frightened of using men's facilities or being placed in women's prisons because they've had medical treatments to try to look like women, they've created their own problems that women and girls shouldn't be forced to solve. Men who describe themselves as women or non-binary have the same rights as other men to men's bathrooms and prisons. There is no discrimination, no separate-but-equal policy. And please don't be swayed by ideologues who claim that you're unqualified to distinguish between men and women, boys and girls.

Gabrielle LamontagneOpposeCenter Barnstead, NHfor MyselfApr 8, 2026

Please DO NOT pass this bill. Transgender women tend to actually be weaker than cis women in sporting events, because their bodies are not used to the ways in which estrogen effects the body and other hormones. THERE IS NO REASON to exclude them from participating in sports that fit the gender that makes them feel comfortable, especially in educational and youth settings. Being a young human with hormones is hard enough. I am a cisgender woman and I was awkward and gawky and terrible at sports anyhow as a teenager, and now I'm not the healthiest/fittest person. If a young person finds an activity that he/she/they enjoys, who are we as adults to stop them from enjoying said sports? A team of their peers should be taught to respect them as humans - just as the teens in "Remember the Titans" came to the game with prejudices and learned how to treat their peers with respect and compassion. The same can be said for Prison/Jail arrangements. These structures of our judiciary system have enough problems without adding in forcing people to go to whichever prison aligns with the sex they were assigned at birth. Honestly, this seems like the definition of Cruel and Unusual Punishment. Often, transgender people look like the gender they identify with - which means a man with facial hair being in a women's prison. People entering prison are already subjected to enough "dehumanization" practices as it is - that's why we don't need to add to that pile (yes, we do need massive prison reform, thank you for noticing my position on this). Do NOT pass this Discriminatory and Dehumanizing bill.

Jane MalmbergOpposeWalpole, NHfor MyselfApr 8, 2026

This is another bill targeting transgender students and putting them at risk for harm.

Beth ScaerSupportNashua, NHfor MyselfApr 8, 2026

Everyone knows why sports and prisons are segregated by sex. It's common sense. All of these people pretending that it isn't dangerous to have men in women's sports and prisons are either cuckoo or lying. How can anyone go along with letting men invade women's sports and locking up women with dangerous criminal males? It's insane, and all of you know it. Please vote Ought to Pass on SB459 to protect women.

Patricia AnastasiaOpposeLondonderry, NHfor MyselfApr 8, 2026

Legalizing just a little bit of discrimination is repugnant. Bathroom bills do not work and are impossible to enforce.

Raenya MorannOpposeRochester, NHfor MyselfApr 8, 2026

Understand that Trans people ARE the gender they present, even if it is not biologically the same as how they were born. There is no shame or issue with them using a preferred gender bathroom, etc. and trans people are everywhere. Your child could even be trans and that is a wonderful thing! Be kind and accepting of others, the way you want to be treated!

Deborah LievensOpposeLondonderry, NHfor MyselfApr 8, 2026

I think in the infinite variety of humankind, there should be room for all. The bill language is confusing and is really a tempsest in a teapot presented by narrow minded people. I mean, really? I oppose.

Sophie KellamOpposeExeter, NHfor MyselfApr 8, 2026

I love a Trans person. They are one of the few people I feel safe around. They are not a threat to anyone. I have gotten to know the community and none of the people I know are a threat. This is discrimination of a protected minority, LGBTQ+. This reflects badly on the state.

Alexandra PrescottOpposeraymond, NHfor MyselfApr 8, 2026

These anti-trans bills are unnecessary and harmful to everyone, including cis-gender individuals.