House Judiciary Committee backs bill allowing limited classification by biological sex

The House Judiciary Committee voted 10-8 to recommend passage of House Bill 148, which would permit institutions to classify individuals by biological sex in narrowly defined situations.

The measure, moved by Representative Pedernell and seconded by Representative Alexander, would allow classification based on biological sex for: multiple-use bathrooms, athletic or sporting events where an advantage to biological males is recognized to exist, and facilities where an individual is committed involuntarily. The bill does not mandate classification; it authorizes institutions to do so if they determine it is necessary.

Proponents framed the bill as protecting privacy and physical safety. "House bill 148 acknowledges New Hampshire's fundamental commitment to treat all persons without discrimination and with equal respect and dignity," Representative Pedernell said. He cited recent national developments and an executive-order-level emphasis on defending women's and children's interests.

Opponents criticized the measure for lacking a clear, operative definition of the key term used in the bill. "It's almost legislative malpractice, it seems to me, to put a bill out that not only doesn't actually define the key terminology," Representative Turr said, arguing the bill could produce perverse outcomes in sports and other settings if institutions adopt inconsistent standards.

Representative Horgan added that chromosomes and gender expression do not map neatly and that the bill's provisions were unnecessary given existing criminal and civil protections against harassment and assault. "The chromosomes do not determine what your gender expression is," Horgan said.

Representative Smith asked whether at‑home tests mentioned during debate would be mandatory; the sponsor and other members answered the committee discussion but confirmed the bill does not impose testing requirements.

The committee called the roll after debate. The clerk recorded 10 yeas and 8 nays; the motion to report HB 148 "ought to pass" carried. The committee asked the mover to draft the majority report and anticipated a minority report.

The bill and debate highlight continuing disputes over how state law should treat sex, gender identity and access to facilities and athletic competition. The bill's text and committee report will determine how the undefined terminology is applied if the measure advances.

Votes at a glance: HB 148 — motion: "ought to pass"; mover: Representative Pedernell; second: Representative Alexander; vote: 10 yeas, 8 nays; outcome: approved.

Next steps: If reported by the committee, HB 148 would go to the House floor for further consideration.