New Hampshire Governor Kelly Ayotte Vetoes Transgender Bathroom Bill

On February 9, 2026, New Hampshire Governor Kelly Ayotte vetoed Senate Bill 268, a Republican-backed proposal that sought to allow public and private establishments to separate restrooms, locker rooms, and other facilities based on biological sex rather than gender identity. This bill was part of a series of similar legislative attempts over the past three years, including House Bill 148 in 2025 and House Bill 396 in 2024, both of which Ayotte and her predecessor, former Governor Chris Sununu, also vetoed. Ayotte stated that the current bill was nearly identical to those previously rejected and emphasized the need for a thoughtful approach that protects the privacy and rights of all residents.

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Governor Kelly Ayotte, a Republican, has been a central figure in the vetoing of these bills. Senator Kevin Avard, the prime sponsor of Senate Bill 268, expressed disappointment over the veto, citing concerns for the safety and well-being of young women. Advocacy groups such as 603 Equality and GLBTQ Legal Advocates & Defenders have voiced their support for Ayotte's decision, framing it as a victory for transgender rights in New Hampshire.

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In her veto message, Ayotte articulated that the legislation was overly broad and could lead to exclusionary practices against transgender individuals. She noted, “I made it clear this issue needed to be addressed in a thoughtful, narrow way that protects the privacy, safety, and rights of all Granite Staters.” Avard countered that the bill was necessary to ensure safety and fairness for women and girls, emphasizing the need for clear rules that respect biological differences.

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Opponents of the bill, including LGBTQ+ advocates, argue that such legislation would institutionalize discrimination against gender-nonconforming individuals by allowing organizations to bar transgender people from using facilities that align with their gender identity. Aimee Terravechia, executive director of 603 Equality, described the veto as “a huge relief,” highlighting the ongoing legislative attacks on transgender rights. Chris Erchull, a senior staff attorney at GLBTQ Legal Advocates & Defenders, called the veto “a moment worth celebrating” for fairness and dignity.

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Following the veto, lawmakers are scheduled to hold a public hearing on a similar bill, Senate Bill 552, which Avard hopes will gain Ayotte's support. The ongoing legislative efforts reflect a broader national debate over transgender rights and the balance between privacy, safety, and inclusion.

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While Ayotte's veto has been celebrated by advocates for transgender rights, it has also faced criticism from conservative lawmakers who argue that it fails to address legitimate safety concerns. The discourse surrounding these bills highlights a significant divide in public opinion regarding transgender rights and protections in New Hampshire.

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• “Unfortunately, there is minimal difference between Senate Bill 268 and the bill I vetoed last year, which Governor Sununu vetoed the year prior.” — Kelly Ayotte, Governor of New Hampshire

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• “Aimee Terravechia, executive director of 603 Equality, said this veto is “a huge relief,” as misinformation and legislative attacks on transgender people are unrelenting.” — Aimee Terravechia, Executive Director of 603 Equality

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• “a moment worth celebrating” — Chris Erchull, Senior Staff Attorney at GLBTQ Legal Advocates & Defenders

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