New Hampshire House Bill HB1788

New Hampshire 2026 Regular Session

• Filed/Introduced: 3/5/26
• Introduced: 12/17/25
• Refer: 12/17/25
• Report Pass: 3/4/26
• Report DNP: 3/4/26
• Engrossed: 3/17/26
• Refer: 3/17/26
• Refer: 4/9/26

Caption

(New Title) holding state contracts with DEI provisions to be void as a matter of law and establishing a right of action for citizens where public entities or state agencies engage with contracts with DEI provisions.

Impact

The impact of HB 1788 is multifaceted. By nullifying contracts that include DEI provisions, the bill fundamentally alters how public agencies and educational institutions can address diversity-related initiatives. It specifically targets contracts that would mandate DEI programs or training, reshaping the state’s public contracting landscape. Taxpayers in local school districts are particularly empowered, as they may initiate lawsuits against entities failing to comply with the provisions set out in the bill. This aspect of the bill may lead to increased legal scrutiny and potential litigation against public institutions.

Summary

House Bill 1788 aims to render contracts involving Diversity, Equity, and Inclusion (DEI) provisions void as a matter of law. It establishes a framework whereby taxpayers can sue public entities or state agencies that engage in contracts containing DEI-related requirements. The bill seeks to redefine DEI, disallowing any contracts that incorporate DEI training or initiatives unless they comply strictly with other established laws. This legislative measure stems from a belief that DEI programs classify individuals unfairly and emphasize demographic outcomes over equal treatment under the law.

Sentiment

The sentiment surrounding HB 1788 appears to be deeply divided along political lines. Supporters primarily encompass conservative legislators who regard the bill as a necessary pushback against perceived overreach in DEI policies. They argue it protects taxpayers by eliminating contracts that enforce initiatives they believe are discriminatory or ineffective. Conversely, opponents, including various advocacy groups and some legislators, view the bill as undermining efforts to promote inclusivity and could potentially roll back progress made in understanding and addressing diversity issues nationwide. They argue that the bill may create an environment that emboldens discriminatory practices.

Contention

Notable points of contention regarding HB 1788 include the definition and implications of DEI itself. Advocates for DEI programs argue that these initiatives are essential for fostering equitable environments, especially within educational frameworks. Critics of the bill argue that voiding DEI contracts could diminish efforts to ensure diversity within public sector hiring and education. Additionally, the empowerment of taxpayers to bring lawsuits means that compliance with the law will hinge on various interpretations of DEI programs, leading to ambiguity and potentially widespread litigation within the public sector.