Republican New Hampshire Gov. Kelly Ayotte reportedly vetoed a GOP-backed “bathroom bill” on Friday, rejecting legislation that would have allowed schools, prisons, and businesses to bar transgender individuals from restrooms, locker rooms, and other sex-segregated spaces that do not align with their biological sex. The move has reopened a familiar rift within the state’s Republican Party over how to address cultural issues while staying true to New Hampshire’s political traditions.
In vetoing Senate Bill 268, Ayotte said the legislation mirrored proposals she and former Republican Gov. Chris Sununu blocked in recent years. In a statement explaining her decision, Ayotte emphasized consistency with her past actions and reiterated concerns about the bill’s scope.
“I vetoed a nearly identical bill to this one last year,” Ayotte said. “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.”
As written, SB 268 would have carved out exceptions to New Hampshire’s existing anti-discrimination law, allowing classifications based on biological sex in a range of settings. Those included restrooms, locker rooms, detention facilities, and school athletics. Supporters of the bill argued it was necessary to protect privacy and safety, particularly for women and girls, and to provide clarity for institutions navigating sensitive situations.
Ayotte acknowledged those concerns and has previously said Republicans raise legitimate questions about privacy and safety. However, she argued that the bill went too far and would be difficult to enforce in practice. Last year, she criticized similar legislation as “overly broad and impractical,” warning it could create what she described as an “exclusionary environment” rather than offering a workable solution.
Her veto places her in line with former Gov. Chris Sununu, who used similar reasoning when he rejected a predecessor bill in 2024. Sununu wrote at the time that the proposal ran counter to New Hampshire’s “Live Free or Die” spirit and attempted to solve problems that, in his view, had not materialized in the state.
The decision highlights a tension within the GOP between lawmakers who want firm statutory limits rooted in biological definitions and party leaders who worry about sweeping legislation that could have unintended consequences or clash with the state’s libertarian-leaning political culture.
For social conservatives, the veto is a setback after years of pushing for legislation they say would safeguard sex-segregated spaces and bring New Hampshire in line with other states that have enacted similar measures. For Ayotte and like-minded Republicans, the issue is less about dismissing those concerns and more about crafting a narrower approach that avoids broad changes to anti-discrimination law.
By vetoing SB 268, Ayotte signaled that she is open to addressing the issue, but only under terms she believes strike a careful balance. Her statement made clear that, in her view, protecting privacy and safety does not require expansive legislation that could invite legal challenges or disrupt long-standing state norms.
The veto now sends the issue back to the Legislature, where Republicans will have to decide whether to attempt an override or revisit the drawing board. In the meantime, the debate underscores an ongoing struggle within the GOP over how aggressively to legislate cultural issues while maintaining a governing philosophy that emphasizes restraint and individual liberty.
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