Examining the Impact: Tennessee’s Proposed Legislation on LGBTQ+ Rights

By Lauren Means

On April 1 the Tennessee State House of Representatives passed HB2169 and its Senate companion bill SB1738, which specifically bans the Tennessee Department of Children’s Services (DCS) from requiring prospective parents to “affirm, accept, or support any government policy regarding sexual orientation or gender identity that conflicts with the parent’s sincerely held religious or moral beliefs.”

It is now awaiting the signature of Republican Gov. Bill Lee to pass it into law. 

During a floor debate over the bill before its passage, state Rep. Justin Pearson very plainly said, “This legislation isn’t concerned, in a very meaningful way, about the children.” 

In a statement, Chris Sanders, Executive Director of the Tennessee Equality Project said: 

“We call on Gov. Bill Lee to veto SB1738/HB2169, which puts more LGBTQ children and youth in danger of being placed in homes that are not accepting of their identities. Bad placements lead to running away, self-harm, and increased depression and anxiety. Adoption and foster care policy must be based on the best interest of the child, not the political interests of a few adults.

“Eloquent committee testimony from the Human Rights Campaign’s Cathryn Oakley, Nashville attorney Nannette Uselton Clark and Tennessee Equality Project’s Jace Wilder laid out all these issues and we hope the Governor will review their words carefully before acting on the bill. In addition, this bill conflicts with pending federal regulations that can be found at this link: https://bit.ly/3VEtqav.

“This bill risks the lives of LGBTQ children and youth and it presents risks to our state’s entire child welfare system.”

Other bills we are currently watching include:

SB2782/HB2310 – This bill adds criminal stigma to travel for youth gender-affirming care.

HB1634 and HB2165 – Both these bills harm LGBTQ students — one by removing non-discrimination protections and the other by forcing school districts to out trans students.

To learn about these bills and a host of others that are trying to make their way out of committees, visit https://www.tnep.org/.