SB 268 (2026): permitting classification of individuals based on biological sex under certain limited circumstances.

SB 268 (2026)

permitting classification of individuals based on biological sex under certain limited circumstances.

• Status: Vetoed, override failed
• Term: 2025-2026
• House committee: Judiciary
• Senate committee: Judiciary
• Subject: Discrimination

The Story

It was introduced on January 9, 2025 and referred to the Senate Judiciary committee. The committee voted 3–2 to recommend that the Senate pass it with changes (amendment 2025-1118s). The committee's amendment (2025-1118s) was adopted on a voice vote on March 27, 2025, changing the text of the bill. On March 27, 2025 the Senate voted to pass it with changes and ordered it to a third reading. It crossed to the House on March 27, 2025 and was referred to the House Judiciary committee. The committee held a public hearing on April 16, 2025, with 832 people signed in online: 154 in support, 676 in opposition and 2 as neutral. The committee met in executive session on April 23, 2025 to vote on its recommendation. The committee retained the bill, holding it for further work rather than reporting it out this year. The committee held a work session on September 10, 2025. The committee met in executive session on November 12, 2025 to vote on its recommendation. The majority recommended that the House pass it, and the minority recommended that the House kill it, by a vote of 10–7. The report was placed on the regular calendar. On January 8, 2026 the House voted to pass it on a roll call 185–159. The bill was enrolled on January 21, 2026 — the final check of the text before it goes to the governor. The governor vetoed it on February 6, 2026. The legislature can override a veto with a two-thirds vote in both chambers. On August 19, 2026 the Senate voted 0–24 on overriding the governor's veto on a roll call, and the veto was sustained, failing to meet the two thirds threshold.

Sponsors

• Sen. Kevin Avard (R - SD12) (prime sponsor)
• Sen. Timothy Lang (R - SD2)

Hearings and Sessions

• February 13, 2025, 2:30 PM: hearing, Senate Judiciary, SH 100
• March 27, 2025: floor debate, Senate
• April 16, 2025, 10:30 AM: public hearing, House Judiciary, LOB 206-208
• April 23, 2025, 10:00 AM: executive session, House Judiciary, LOB 206-208
• September 10, 2025, 10:00 AM: full committee work session, House Judiciary, GP 230
• November 12, 2025, 10:00 AM: executive session, House Judiciary, GP 230
• January 8, 2026: floor debate, House
• August 19, 2026: floor debate, Senate

Votes

• March 27, 2025, Senate: Ought to Pass with Amendment — yeas 16, nays 8, passed
• January 8, 2026, House: Ought to Pass — yeas 185, nays 159, passed
• August 19, 2026, Senate: Veto Override — yeas 0, nays 24, failed

The Docket

Laws It Would Change

• RSA 354-A:1
• RSA 354-A

Related Bills

• HB 1442-FN (2026): permitting classification of individuals based on biological sex under certain limited circumstances.
• SB 562-FN (2024): relative to state recognition of biological sex.
• HB 1442-FN (2026): permitting classification of individuals based on biological sex under certain limited circumstances.
• SB 38-FN (2025): relative to state recognition of biological sex.
• SB 552 (2026): permitting classification of individuals based on biological sex under certain limited circumstances.

From the General Court

• Bill text
• Bill status page
• Docket
• SC 9A
• SC 14
• HC 51, page 40
• HJ 2, page 49
• HJ 3
• SJ 2
• SJ 15