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Committee endorses SB268 to permit classifications by 'biological sex' in limited settings; critics warn of vague definitions

November 13, 2025 | Judiciary, House of Representatives, Committees , Legislative, New Hampshire


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Committee endorses SB268 to permit classifications by 'biological sex' in limited settings; critics warn of vague definitions
The House Judiciary Committee voted to advance Senate Bill 268, a bill permitting classification of individuals by "biological sex" under specified circumstances.

Representative Perez, speaking for the motion, framed the bill as aimed at safety in sports and private facilities, citing national developments in sport governing bodies. "It's time," Perez said, describing concerns about physical safety and private spaces. Supporters urged the committee to reassert policy choices the legislature has signaled it favors.

Opponents stressed the bill leaves "biological sex" undefined and argued that absence of a definition would create inconsistent implementation, privacy intrusions and potential litigation. Representative Turf warned that without a definition, institutions or individuals could make conflicting determinations, producing unequal outcomes. Representative Orkin noted medical and chromosomal complexity and questioned whether a statutory definition would address the full range of biological variation.

After debate the committee conducted a roll-call and recorded a majority vote (10–7) to report the bill. Representative Perez was asked to write the majority report; Representative Turf indicated he would write the minority report. The committee’s action advances SB268 but does not change law by itself.

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