Back to scorecard
HB 148 Signed into law

Protect Women's Spaces

162 Democrats voted to allow biological males in women's bathrooms

What This Bill Does

HB 148 allows businesses, government buildings, and schools to separate bathrooms, locker rooms, and athletic competitions by biological sex. It does not mandate separation — it simply permits it, protecting organizations from lawsuits for maintaining sex-separated facilities. The House passed it 201-166. The Senate passed it 16-8. Governor Ayotte vetoed the bill — her third veto of a biological sex classification bill. The override attempt failed 188-165 (needed 2/3).

The Full Story

Only 2 Democrats voted to allow biological sex separation in bathrooms and locker rooms. The bill does not ban anyone from using any facility — it simply gives businesses, schools, and government the legal right to maintain sex-separated spaces if they choose to. Rep.

Billie Butler (D-Somersworth) argued against the bill by quipping: "New Hampshire Yankees pride themselves on leave me be, I'll leave you be, live and let live, live and let pee." The veto by Governor Ayotte — herself a Republican — makes the Democratic opposition even more notable. Even with a Republican governor unwilling to sign the bill, 162 Democrats voted against even giving institutions the option to separate spaces by sex. Nationally, two-thirds of Americans (66%) say government IDs should reflect birth sex, not gender identity, including 46% of Democrats.

69% say athletes should compete based on birth sex. In New Hampshire, these numbers are similar or stronger.

Party Breakdown

Republicans

194 Yea

2 Nay · 17 Absent/NV

Democrats

2 Yea

162 Nay · 12 Absent/NV

What Voters Think

66% of Americans say birth sex should appear on government IDs; 69% say athletes should compete based on birth sex

Gallup, 2025

Back to full scorecard