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Senate advances bill defining ‘biological sex’ after hours of debate
Summary
The New Hampshire Senate voted 16–8 to advance Senate Bill 268 — a measure that defines "biological sex" and affirms institutions’ ability to restrict access to women’s spaces — after hours of emotional debate about sports, bathrooms and prisons.
The New Hampshire Senate on Wednesday adopted the committee recommendation and ordered Senate Bill 268 to third reading after a roll-call vote of 16 to 8.
The bill, moved on the floor as “ought to pass with amendment,” would define “biological sex” for the purposes of state law and state that certain institutional designations based on that definition do not constitute unlawful discrimination. Senator Gannon moved the committee’s recommendation on the floor.
Senator Gannon opened debate by urging colleagues to support the bill’s aims, saying it “protects the rights of public and private institutions to maintain safe spaces for women in bathrooms and locker rooms, sporting events, and in prisons” and asking members to “join me in supporting the pending motion on SB 268.”
Opponents called the bill discriminatory and argued it would roll back civil-rights gains. Senator Reardon told the chamber the measure would “segregate, dehumanize, and incite discrimination and potential violence against a specific population,” and said he found no evidence cited to justify claims that transgender people are acting as predators in restrooms.
Several supporters framed the measure as protection of women’s safety and athletic opportunities. Senator Abbas said the bill addresses three distinct policy areas — prisons, sports and bathrooms — and said that respecting women’s spaces is not discrimination. Senator Waters urged colleagues to support the committee recommendation, saying that “biological sex shall mean the male and female biological sexes” and questioning whether government should legislate the complexities of sex and gender.
The floor debate included extended colloquies about evidence and enforcement: opponents asked who would enforce the measure and how it would apply differently across municipalities; sponsors said local enforcement and existing institutional policies would handle those questions.
After debate the Senate adopted the committee recommendation on a roll-call vote. The clerk’s roll call recorded 16 senators voting yes and 8 voting no; the bill was ordered to third reading.
The bill’s supporters said the measure is intended to preserve safe and separate spaces for women in certain settings; opponents warned it would institutionalize exclusion and risk legal challenges. No final change to law was enacted at this session — the bill was advanced to third reading.
Votes and next steps: SB 268 was adopted on second reading and ordered to third reading by a roll-call vote of 16–8. The bill will return for third-reading consideration and final passage votes.
Speakers quoted in this report spoke during the SB 268 floor debate and are recorded in the Senate transcript.
