New Hampshire Governor Kelly Ayotte has vetoed a bill for the fourth time since taking office last year that would permit sex-separated bathrooms and other sensitive spaces based on biological sex rather than gender identity. The Republican governor issued the veto on Wednesday, describing the proposal as “nearly identical” to previous bills she rejected earlier this year and last.
The legislation, passed by the Republican-controlled New Hampshire Legislature, aimed to allow certain public and private facilities—including multi-person bathrooms, locker rooms, detention centers, and sports competitions—to separate participants by biological sex without violating existing state anti-discrimination laws. The bill defined “biological sex” simply as “the male and female biological sexes” but did not provide further clarification.
Ayotte cited concerns that the bill was “overly broad, poorly drafted,” and posed risks of “substantial litigation” in her veto statement. She has now rejected 44 bills during the 2025-2026 legislative session, a higher number than her Republican predecessor, Chris Sununu, vetoed in a comparable period. Sununu signed legislation in 2018 and 2019 that prohibited discrimination based on gender identity but also vetoed similar “bathroom bills” in 2024.
Proponents of the bill argue that it would enhance safety for women and girls in sensitive facilities. However, opponents contend the legislation amounts to discrimination against transgender individuals by permitting exclusion from spaces consistent with their gender identity. Aimee Terravechia, executive director of 603 Equality, a New Hampshire LGBTQ advocacy organization, condemned the bill as unfairly targeting transgender people and increasing barriers for vulnerable groups such as parents and people with mobility challenges. She expressed gratitude for the governor’s veto and called for an end to what she described as divisive tactics.
The veto has drawn criticism from some conservatives ahead of Ayotte’s reelection campaign this fall. Lisa Mazur, a Republican state representative, pointed to Ayotte’s recent support for a US Supreme Court ruling that allows sex-based separation in school sports but accused her of failing to protect women in bathrooms, locker rooms, and prisons. Mazur pledged that Republican lawmakers would continue to advocate for legislation grounded in “biological reality” and said the bill would likely be reintroduced.
Legislators are scheduled to reconvene later this year, with the possibility of attempting to override Ayotte’s vetoes. Doing so would require a two-thirds majority vote in both the New Hampshire House and Senate. The governor’s repeated use of veto power signals ongoing tensions between the executive and legislative branches over policies related to gender identity and public accommodations.
