Susan's Place Transgender Resources

New Hampshire Republicans Want to Keep Trans People Out of Restrooms in Private Businesses

https://www.them.us/story/new-hampshire-trans-bathroom-private-businesses-hb-1442

Samantha Riedel (11 Dec 2025)

Republicans in New Hampshire are hoping to pass one of the country's farthest reaching anti-transgender bathroom bills in its next session — one that would narrowly redefine "biological sex," allow private businesses to restrict access to restrooms, and create a new type of trespassing statute that applies specifically to trans women.

House Bill 1442 was pre-filed last week by GOP Rep. Erica Layon, who previously backed New Hampshire's ban on gender-affirming medical care for trans youth. Layon's new bill seeks to redefine "biological sex" under state law by defining "female" as "an individual who lacks a functional Y chromosome," and "male" as anyone who is not legally female. It additionally states that a person's gender identity does not grant access "to any place or service provided or offered specifically to females or males." (An identical definition also appears in another New Hampshire bill filed last week, HB 1447.)

The bill would also restrict bathroom and locker room access based on that definition of biological sex — not only on government or publicly-funded property, as is the case for most other bathroom bans in states like Texas and Florida, but any public accommodation. Business owners "may require that all multi-user bathrooms, restrooms, and locker rooms under their control be used based on the individual's biological sex," per the bill, which stipulates that such a policy "shall not be deemed discrimination" under state law.

If Layon's bill becomes law, a trans woman who uses a public bathroom designated for "women" or "girls" could be charged with a "willful trespass" violation.

The line to the women's bathroom is going to get much longer while everyone waits for their DNA test results so they can pee.

Well this is bad governance.  NH is mostly a purple state.  We've been sliding red recently but people are really starting to wake up and I feel we will start going back to blue.  The states all around us are blue and that does help drive some policies.  I see a lot of local town elections moving away from red.

I want to keep Republicans out of restrooms I use. How do we go about passing that law?

We just want to use the bathroom as usual, then leave!