Gov. Kelly Ayotte has vetoed legislation that would have restricted transgender people’s access to bathrooms and other sex-segregated spaces, marking the third time a similar proposal has been rejected in New Hampshire.
The measure, Senate Bill 268, sought to redefine biological sex strictly as male or female based on assignment at birth. It would have allowed public and private entities to deny access to restrooms, locker rooms, detention facilities, and certain other spaces based on that definition, carving out exceptions to the state’s existing nondiscrimination law.
In her veto message, Ayotte described the bill as overly broad and difficult to enforce. She said it risked creating confusion for schools, municipalities, and businesses while potentially fostering an exclusionary environment for some residents.
The proposal closely mirrored past efforts. Similar legislation was vetoed in 2025 by Ayotte and in 2024 by former Gov. Chris Sununu. Lawmakers have continued to introduce versions of the bill despite those rejections.
Supporters of the legislation argued it was necessary to protect privacy and safety in sex-segregated spaces. However, the bill did not secure enough support to guarantee a veto override, which would require a two-thirds majority in both legislative chambers.
Civil rights and LGBTQ advocates quickly applauded the governor’s decision. GLAD Law called the veto a critical step in maintaining protections for transgender residents. The group emphasized that New Hampshire has prohibited discrimination based on gender identity since 2018.
The ACLU of New Hampshire also praised the move, warning that the bill would have undermined existing civil rights protections and invited legal challenges. NH Outright and other youth-focused advocacy organizations highlighted concerns about the potential impact on transgender students, saying such policies can contribute to stigma and isolation.
New Hampshire remains one of several states where lawmakers have repeatedly introduced bathroom restriction bills amid broader national debates over transgender rights. While similar measures have passed in other states, New Hampshire’s nondiscrimination statute currently remains intact.
Despite the veto, legislative leaders have indicated that the issue may resurface in future sessions. For now, transgender residents in the Granite State retain the same legal protections that have been in place for the past several years.
