The general court also finds that, notwithstanding New Hampshire’s fundamental commitment to treat all persons without discrimination and with equal dignity and respect, which commitment the legislature fully accepts and strongly endorses, there are certain limited circumstances in which classification of persons based on biological sex is proper because such classification serves the compelling state interests of protecting the privacy rights and physical safety of such persons and others. The legislature finds that permitting classification of persons based upon biological sex serves this compelling state interest in the 3 circumstances described in RSA 354-A:25-a.

A financial institution shall not deny or cancel its services to a person, or otherwise discriminate against a person in making available such services or in the terms or conditions of such services, on the basis of any of the following: (8) The person's failure to meet or commit to meet, or expected failure to meet [...] (D) Policies or procedures requiring or encouraging employee participation in social justice programming, including diversity, equity, or inclusion training.

No person shall engage in, counsel, make a referral for, or cause any of the following practices to be performed upon a minor if the practice is performed for the purpose of altering or attempting to alter the appearance of or affirm the minor's perception of his or her gender or sex, if that perception is inconsistent with the minor's biological sex as defined in this chapter: (a) Prescribing, dispensing, administering, or otherwise supplying puberty blocking medication to stop or delay normal puberty. (b) Prescribing, dispensing, administering, or otherwise supplying supraphysiologic doses of testosterone or other androgens to females. (c) Prescribing, dispensing, administering, or otherwise supplying supraphysiologic doses of estrogen to males.

Nothing in RSA 5-C:87, RSA 260-263, RSA 354-A, or any other law or regulation shall mean that it is unlawful discrimination based on sex or gender identity for any person or organization, public or private, to classify based on biological sex with respect to the following matters: (a) In the construction, maintenance, operation, and use of lavatory facilities or locker rooms designed for usage by multiple persons at the same time, even if such facilities have individual urinals, stalls, or similar apparatus. (b) In athletic or sporting events or competitions in a sport or similar activity in which physical strength, speed, or endurance is generally recognized to give an advantage to biological males. (c) In the operation, maintenance, and use of facilities designed for usage as prisons, houses of correction, juvenile detention or commitment centers, mental health hospitals or treatment centers and like facilities to which persons may be committed involuntarily.