Five Anti-LGBTQ+ Bills Pass in Tennessee: What You Need to Know

By Lauren Means

It was a tough year in the Tennessee state legislature. 40 anti-LGBTQ+ bills were being watched that covered prison healthcare restrictions, school restrictions, restrictions of expression, religious exemptions, healthcare age restrictions, healthcare barriers, forced outings in schools, drag bans, and more.

Of the 40 bills, five passed the House and Senate to make their way to the Governor’s desk to be signed into law. 

Bills that passed into law

HB2619/SB2861 — Prohibits the use of state funds to administer gender-affirming hormone replacement therapy or for gender reassignment surgery to state inmates incarcerated in a state penitentiary or a county jail or workhouse.

SB1810/HB2165 — Requires Local Education Agencies (LEA) and public charter schools to out students to school administrators and the student’s parents if the student requests an accommodation to affirm their gender identity. Additionally, it prohibits an employee of an LEA or public charter school from knowingly providing false or misleading information to a student’s parent regarding the student’s gender identity or intention to transition to a gender that differs from the student’s sex at the time of birth. This bill also authorizes civil actions to be filed by parents, the attorney general, and the reporter against any noncompliant LEA or public charter school.

SB2766/HB1634 — Removes non-discrimination protections in schools for sexual orientation. Also requires every parent/guardian of a student anticipated to have instruction that could include sexual orientation or gender identity curriculum to be notified at least 30 days in advance of said instruction. The parent or guardian may also examine the instructional materials and confer with the student’s instructor, school counselor, or principal, as designated by the LEA or public charter school, regarding any or all portions of the curriculum.

HB2169/SB1738 — The so-called “Tennessee Foster and Adoptive Parent Protection Act” 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.”

HB0878/SB0596 — Clarifies that a person is not required to solemnize a marriage.

Bills that were closely watched but were blocked or pushed to next year

HB1605/SB1722 — Prohibits LEAs and public charter schools from displaying in public schools flags other than the official United States flag and the official Tennessee state flag. (Passed the House but failed to pass the Senate)

HB1632/SB1858 —  Amends the Age-Appropriate Materials Act of 2022 to allow parents of children who attend or are eligible to attend public or charter schools in Tennessee to sue the school district for possessing material that goes against the guidelines set out in the original law. Bills like this could lead to public schools being afraid to carry diverse materials, including LGBTQ stories.  (Passed the Senate but held up in the House)

We held back many more bills than the two listed above. It takes being vocal and speaking with your legislators (even if you don’t agree with them) to make sure your voice is heard. The Tennessee Equality Project (https://www.tnep.org/) is a great resource to help you start advocating for your rights. To learn more about the anti-LGBTQ+ bills across the nation, visit https://www.aclu.org/legislative-attacks-on-lgbtq-rights-2024?impact=.