New Hampshire’s Republican Governor Kelly Ayotte has vetoed a controversial anti-transgender bill, S.B. 268, that sought to roll back the state’s protections for transgender individuals in public spaces and sporting events.
The bill, which would have carved exceptions into the state’s 2018 anti-discrimination laws protecting gender identity, aimed to ban trans people from using restrooms, locker rooms, prisons, and treatment centres aligned with their gender identity. It also sought to exclude trans women from participating in women’s sports, citing perceived physical advantages.
“There are certain limited circumstances in which classification of persons based on biological sex is proper,” the bill stated, echoing common right-wing rhetoric framing trans people as safety risks in public facilities.
Despite this framing, S.B. 268 failed to specify enforcement mechanisms or penalties, relying instead on complaints and state investigation — a setup critics argued could lead to targeted harassment and discrimination.
Governor Ayotte Stands Firm on Veto
Governor Ayotte’s veto is her second in as many years on near-identical legislation, and she noted that this version of the bill remained overly broad and impractical.
“I vetoed a nearly identical bill to this one last year,” Ayotte said, via The New Hampshire Bulletin.
“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.”
She added that while she acknowledged concerns over privacy and safety, the legislation, as written, would only create an exclusionary and unenforceable policy.
Override Unlikely: Veto Expected to Stand
Although Republicans control both chambers of the New Hampshire legislature, overriding a governor’s veto requires a two-thirds majority in both. While Republicans hold 16 of 24 seats in the Senate, they lack the votes in the 400-member House, where only 222 seats are held by the GOP.
This makes it unlikely that the bill will be enacted into law, marking a significant victory for LGBTQ+ advocates and civil rights groups in the state.
LGBTQ+ Advocates Celebrate the Veto
The veto was widely praised by LGBTQ+ organisations across New Hampshire and beyond.
“This is a huge relief for every transgender or gender nonconforming person in New Hampshire,” said Aimee Terravechia, executive director of 603 Equality.
“Gov. Ayotte’s veto affirms the basic rights and dignity for all Granite Staters. Bathroom bans have no place in New Hampshire.”
Heidi Carrington Heath, executive director of NH Outright, said the veto was a powerful message of support:
“This veto is a win for the Granite State… it tells LGBTQ+ youth and families they are welcomed and valued members of our communities.”
Chris Erchull, senior staff attorney at GLAD Law, called the move a critical defence of the state’s bipartisan protections:
“Though S.B. 268 will not be the last politically motivated attack on LGBTQ+ people, this is a moment worth celebrating — and an opportunity for more Granite Staters to come together in support of fairness, dignity, and freedom for all.”
