New Hampshire Senate Bill 552 Aims to Permit Transgender Exclusions in Public Facilities

Senate Bill 552, before Governor Kelly Ayotte, would amend New Hampshire’s 2018 Law Against Discrimination by creating exceptions that let owners of restrooms, locker rooms, sports teams, gyms, and correctional facilities deny entry or participation to transgender people whose gender identity does not match the space’s sex-based designation. The bill does not criminalize transgender access; it authorizes private decision-makers to exclude.

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The proposal is the latest of a series of nearly identical bills. In 2024, House Bill 396 was vetoed by Governor Chris Sununu, who said it ran contrary to New Hampshire’s “Live Free or Die” spirit. Governor Kelly Ayotte vetoed House Bill 148 in 2025 over privacy and safety concerns about biological males in female facilities, and later rejected Senate Bill 268 as overly broad. SB 552 follows SB 268 and a companion House Bill 1442, which briefly defined “male” and “female” by reproductive anatomy, chromosomes, birth certificates, and the SRY gene. Those definitions were removed during Senate revisions, restoring the original language. This marks the fourth passage of substantially the same legislation in three years.

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Governor Ayotte said the issue should be addressed with a narrow, thoughtful approach that safeguards privacy, safety, and the rights of all Granite Staters, noting the bill is largely unchanged from earlier vetoed versions. Governor Sununu warned the proposal conflicts with the state’s “Live Free or Die” ethos and attempts to solve problems that have not arisen.

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Democratic legislators criticized the bills for lacking a clear gender definition, saying the absence of precise criteria could lead to arbitrary exclusions. Their earlier amendment to define sex by biological markers was removed, raising concerns that the final text remains vague while enabling discriminatory practices.

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• “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.” — Governor Kelly Ayotte

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

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• “seeks to solve problems that have not presented themselves.” — Governor Chris Sununu

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• “there are important and legitimate privacy and safety concerns raised by biological males using places such as female locker rooms and being placed in female correctional facilities.” — Governor Kelly Ayotte

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Governor Ayotte now has three options: sign the bill into law, veto it again, or allow it to become law without her signature. If the Senate version proceeds, the House must still act on the amended House Bill 1442, which could trigger a conference committee or further amendments before a final decision.

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