SB 459 (2026): exempting classification of individuals based on biological sex from the definition of an unlawful discriminatory practice in certain limited circumstances.

SB 459 (2026)

exempting classification of individuals based on biological sex from the definition of an unlawful discriminatory practice in certain limited circumstances.

• Status: Killed
• Term: 2025-2026
• House committee: Judiciary
• Senate committee: Judiciary
• Subject: Discrimination

The Story

It was introduced on January 7, 2026 and referred to the Senate Judiciary committee. The committee held a public hearing on February 11, 2026. The committee voted 3–1 to recommend that the Senate pass it with changes (amendment 2026-1217s). On March 26, 2026 the Senate adopted “Special Order to the end of the Calendar, Without Objection”. The committee's amendment (2026-1217s) was rejected on a voice vote on March 26, 2026. On March 26, 2026 the Senate adopted “Reconsideration on the Previous Vote, RC 15Y-9N”, on a motion by Sen. Timothy Lang. The committee's amendment (2026-1217s) was adopted on a voice vote on March 26, 2026, changing the text of the bill. On March 26, 2026 the Senate voted to pass it with changes and ordered it to a third reading. It crossed to the House on March 26, 2026 and was referred to the House Judiciary committee. The committee held a public hearing on April 8, 2026, with 422 people signed in online: 20 in support and 402 in opposition. The committee met in executive session on April 8, 2026 to vote on its recommendation. The committee voted unanimously, 18–0, to recommend that the House kill it, and the report was placed on the consent calendar. On April 23, 2026 the House voted to kill it on a voice vote.

Sponsors

• Sen. Bill Gannon (R - SD23) (prime sponsor)
• Sen. Daryl Abbas (R - SD22)
• Rep. JD Bernardy (R - Rock 36)
• Sen. Daniel Innis (R - SD7)
• Rep. Melissa Litchfield (R - Rock 32)
• Sen. Tim McGough (R - SD11)
• Sen. Keith Murphy (R - SD16)
• Sen. Howard Pearl (R - SD17)
• Rep. Mark Pearson (R - Rock 34)
• Sen. Victoria Sullivan (R - SD18)
• Rep. Lilli Walsh (R - Rock 15)

Hearings and Sessions

• February 11, 2026, 1:20 PM: hearing, Senate Judiciary, SH 103
• March 26, 2026: floor debate, Senate
• April 8, 2026, 10:00 AM: public hearing, House Judiciary, GP 230
• April 8, 2026, 10:30 AM: executive session, House Judiciary, GP 230
• April 23, 2026: consent calendar, House

Votes

• March 26, 2026, Senate: Reconsider — yeas 15, nays 9, passed
• March 26, 2026, Senate: Ought to Pass with Amendment — yeas 15, nays 9, passed
• April 23, 2026, House: Inexpedient to Legislate — voice vote, passed

The Docket

Laws It Would Change

• RSA 354-A:1
• RSA 354-A:2

From the General Court

• Bill text
• Bill status page
• Docket
• SJ 1
• SC 5
• SC 11
• SJ 7
• HJ 9, page 2
• HJ 11, page 10
• House Calendar 16, 2026, committee report