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House advances bill allowing biological sex to be used in defining access to intimate spaces
Summary
After hours of emotional debate, the House advanced HB 148, which permits the classification of individuals by biological sex in certain settings such as restrooms, locker rooms and athletics. Supporters framed it as protecting women's privacy and safety; opponents called it discriminatory and warned of legal and safety consequences.
The New Hampshire House voted to advance House Bill 148 on the floor after extensive, emotionally charged debate in which members described personal encounters, safety concerns and legal risks.
Supporters said HB 148 is narrowly aimed at permitting entities and localities to adopt rules that rely on biological sex for intimate spaces and certain athletic or confinement settings. Opponents warned the bill would roll back existing protections for gender identity, create enforcement and privacy problems, and invite litigation.
Representative Zoe Manos, speaking for the minority, said the proposal would ‘‘radically change New Hampshire's divorce law’’ — an observation from a different bill that arose in debate — and criticized the broader package of measures targeting transgender people this session. In detailed floor remarks opposing HB 148, Manos also highlighted procedural and legal concerns and asked colleagues to vote against the measure as written.
Supporters including Representative Dan McGuire and Representative Leon said the bill protects women’s ability to have private spaces and preserves local control. Representative McGuire argued the measure provides a voluntary estate-planning option and said the bill was designed not to change the age of consent or other unrelated statutes. Representative Leon emphasized that some women feel unsafe when mixed-sex access is allowed and said localities and private facilities should be able to adopt policies that consider biological sex.
Representative Trudeau urged defeat, arguing the bill is structurally flawed and lacks definitions for key terms such as "biological sex" and the mechanisms that would be used to verify it. Multiple members urged caution, noting the governor had previously vetoed similar language and that a bipartisan majority had sustained that veto in an earlier session.
The House recorded the committee report adoption on HB 148 with a roll-call tally announced as 211 in the affirmative and 155 in the negative; the clerk announced the report was adopted after the vote. Members on both sides said they expected litigation and intense public scrutiny if the measure is enacted.
What happens next: With the committee report adopted, HB 148 proceeds under House procedure; supporters said localities and private entities should be able to adopt measures protecting single-sex spaces, while opponents said the bill risks harming transgender Granite Staters and prompting legal challenges.
Key floor moments included a personal floor exchange in which one member recounted meeting the parent of a transgender child who had died by suicide, and repeated appeals by both sides for respectful debate and protections for vulnerable people.
