Heated testimony in Concord as bill would let institutions limit access by biological sex

The House Judiciary Committee heard hours of testimony on Senate Bill 268, a proposal that would allow public and private institutions to designate facilities and programs by "biological sex," with sponsors and supporters saying the measure preserves privacy and safety in single‑sex spaces and opponents saying it is vague, legally risky and harmful to transgender people.

Sen. Kevin Avard, prime sponsor, told the committee the bill "allows public and private institutions to protect women only spaces" and described the measure as "enabling legislation" that would not mandate action but would shield institutions from discrimination suits if they limited access to restrooms, locker rooms, athletic activities or confinement by biological male or female status.

Representative Alice Wade (D‑Dover) and other opponents gave personal testimony about people they said would be harmed by the bill. "People like Danny Davis are getting caught up in the crossfire," said Wade, recounting a witness account of an employee who was harassed in a restroom and later fired. Several witnesses said the bill would stigmatize transgender people, increase the risk of harassment and violence against them and produce constitutional and statutory discrimination claims if enacted.

Kevin Avard and pro‑bill witnesses argued the measure protects privacy and women's sports, and that institutions should have discretion to set policies. "This bill basically allows private institutions or public institutions to make a determination on biological sex ... without fear of a lawsuit," Avard said. Proponents included individuals and groups who described concerns about women's safety and competitive fairness in athletics.

Opponents included the ACLU of New Hampshire, the New Hampshire Medical Society, the New Hampshire chapter of the National Association of Social Workers and Democratic officials and advocates. Courtney Reed of the ACLU said the bill "raises constitutional and statutory concerns" and called data cited by supporters about public safety "not convincing," adding that inclusive policies are linked with reductions in assault and that denying restroom access can harm transgender people.

Committee members pressed proponents and opponents with detailed questions on implementation: who would verify biological sex, whether DNA or birth certificates would be required, how the bill would interact with Title IX and existing nondiscrimination law (chapter 354‑A), and how schools and municipalities would reconcile conflicting local policies. Senator Avard said institutions could adopt policies such as relying on original birth certificates; others said practical enforcement would be difficult and invasive.

Witnesses offered widely divergent data and anecdotes. Supporters argued that protections for women's privacy and fairness in sports are broadly supported; opponents and several medical and social‑service witnesses cited studies and case law indicating that exclusionary policies can increase harms to transgender people and raise legal risks for states and schools. The committee recessed the hearing for a break and later reconvened; near the end of the afternoon the chair announced the hearing was closed and that the committee would pick up remaining testimony at a later time.

Why it matters: SB 268 would alter how public accommodations, schools and correctional facilities may treat transgender people in New Hampshire and could affect Title IX compliance, local school policies, and access to services. The bill provoked strong testimony from both sides and drew questions about enforcement, civil‑rights law, and public safety.

Votes at a glance: No floor or committee vote recorded in the transcript; the hearing concluded with the committee recessed for deliberations and further hearings scheduled.

Speakers quoted in this article include Sen. Kevin Avard (prime sponsor), Representative Alice Wade, Oliver Bonnema (testifier), Courtney Reed (ACLU of New Hampshire), and multiple other legislators and public witnesses.