We are tracking 35 anti-trans bills in Tennessee in 2024. The legislation impacts 5 categories:
PERFORMANCE
EDUCATION
HEALTHCARE
MARRIAGE
OTHER
As introduced, requires a person to obtain a valid entertainer permit from the adult-oriented establishment board, in those jurisdictions with a board, prior to performing adult cabaret entertainment for compensation; prohibits public, private, and commercial establishments from allowing persons under the age of 18 to attend a performance featuring adult cabaret entertainment. - Amends TCA Title 7, Chapter 51.
As introduced, requires an LEA or public charter school to adopt and implement a retention policy for third grade students who are not proficient in English language arts (ELA), rather than requiring the LEA to retain a third grade student who does not achieve a certain performance level rating on the ELA portion of the student's most recent Tennessee comprehensive assessment program test; establishes parental notice requirements for LEAs and public charter schools that recommend a third grade student for retention; removes the authority of the state board of education to establish an appeal process for certain students identified for retention. - Amends TCA Title 49, Chapter 1 and Title 49, Chapter 6.
A student's parent or legal guardian, or the student if the student is at least eighteen (18) years of age, must provide a written, informed, and voluntarily signed consent to the student's LEA or public charter school for the student to receive instruction of a sexual orientation curriculum or gender identity curriculum. A student's parent or legal guardian, or the student if the student is at least eighteen (18) years of age, may withdraw the parent's, legal guardian's, or student's consent at any time before the student receives instruction of a sexual orientation curriculum or gender identity curriculum.
As introduced, prohibits public institutions of higher education offering certain medical and health-related degree or certificate programs, and state contractors, from requiring diversity, equity, and inclusion training and education for purposes of the issuance of a degree, or the approval of a state contract or grant, as applicable. - Amends TCA Title 9; Title 12; Title 49 and Title 63.
As introduced, prohibits any managed care organization that contracts with the bureau of TennCare to provide medical assistance from providing reimbursement or coverage for a medical procedure if the performance or administration of the procedure is for the purpose of enabling a person to identify with, or live as, a purported identity inconsistent with the person's sex, or treating purported discomfort or distress from a discordance between a person's sex and asserted identity. - Amends TCA Title 4; Title 56; Title 68 and Title 71.
A managed care organization (MCO) that contracts with the bureau of TennCare to provide medical assistance pursuant to this part shall not provide reimbursement or coverage for a medical procedure if the performance or administration of the procedure is for the purpose of: (1) Enabling a person to identify with, or live as, a purported identity inconsistent with the person's sex; or (2) Treating purported discomfort or distress from a discordance between a person's sex and asserted identity.
As introduced, enacts the “Youth Health Protection Act.” - Amends TCA Title 8; Title 9; Title 14; Title 33; Title 63 and Title 68.
It is unlawful for an individual to engage in the following practices upon a minor, or cause the practices to be performed, to facilitate the minor's desire to present or appear in a manner that is inconsistent with the minor's sex: (1) Surgery that sterilizes the minor, including castration, vasectomy, hysterectomy, oophorectomy, metoidioplasty, orchiectomy, penectomy, phalloplasty, and vaginoplasty; (2) A mastectomy; (3) Administering or supplying the following medications that induce transient or permanent infertility: (A) Puberty-blocking medication to stop or delay normal puberty; (B) Supraphysiologic doses of testosterone or other androgens to members of the female sex; or (C) Supraphysiologic doses of estrogen or synthetic compounds with estrogenic activity to members of the male sex; or (4) Removing an otherwise healthy or non-diseased body part or tissue.
As introduced, enacts the "Marital Contract at Common Law Recording Act"; authorizes county clerks to accept and record a record of common law marriage between one man and one woman; limits the jurisdiction of circuit courts and chancery courts in cases involving the definition of common law marriage to the principles of common law marriage. - Amends TCA Title 8; Title 10; Title 16; Title 36; Title 39; Title 67 and Title 68.
Tennessee Code Annotated, Title 36, Chapter 3, is amended by adding the following as a new part: 36-3-201. Findings. The general assembly finds that: (1) The existence of a marital relationship between one (1) man and one (1) woman in this state is not dependent on enacted positive law, and the positive law cannot abolish the existence and creation of such a marital relationship but only regulate the mode by which a man and a woman enter into the marital relationship;
As introduced, enacts the "Families' Rights and Responsibilities Act," which declares that the ability of a parent to direct the upbringing, education, health care, and mental health of that parent’s child is a fundamental right. - Amends TCA Title 36 and Title 49.
As introduced, clarifies that prescribing hormone treatment for minors is not a standard medical practice when the treatment is for the purpose of enabling a minor to identify with, or live as, a purported identity inconsistent with the minor’s sex or treating purported discomfort or distress from a discordance between a minor's sex and asserted identity. - Amends TCA Title 28; Title 29; Title 33; Title 34; Title 36; Title 37; Title 39; Title 40; Title 49; Title 56; Title 63; Title 68 and Title 71.
Tennessee Code Annotated, Section 63-1-169(b), is amended by deleting the language "for gender dysphoric or gender incongruent prepubertal minors" and substituting instead the language "to enable a minor to identify with, or live as, a purported identity inconsistent with the minor's sex or treat purported discomfort or distress from a discordance between a minor's sex and asserted identity".
As introduced, 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. - Amends TCA Section 5-5-114; Section 6-54-144 and Title 49.
An LEA or public charter school shall not display any flag other than the United States flag and the official Tennessee state flag on or in a public school.
As enacted, revises language prohibiting educators from discriminating against students on certain, specified bases to generally prohibiting educators from discriminating against students on any basis. - Amends TCA Title 49, Chapter 5 and Title 49, Chapter 6.
Tennessee Code Annotated, Section 49-5-1003(b)(10), is amended by deleting "family, social, or cultural background; or sexual orientation" and substituting "family background; or the student's membership in a protected class under federal or state law".
As introduced, establishes various prohibitions and requirements for public institutions of higher education regarding diversity, equity, and inclusion. - Amends TCA Title 49.
The board of trustees of the University of Tennessee, the board of regents, and each state university board shall ensure that each institution governed by the respective board: (1) Does not, except as required by federal law: (A) Establish or maintain a diversity, equity, and inclusion office or an office, unit, or administrative subdivision regardless of name or designation that performs in whole or in part the duties or activities of a diversity, equity, and inclusion office as specified in subsection [...] (E) Require, as a condition of enrolling in the institution or performing any function of the institution, a person to participate in diversity, equity, and inclusion training, which: (i) Includes a training, program, or activity regarding race, color, ethnicity, gender identity, or sexual orientation;
As introduced, requires the department to create a separate marriage license application form and marriage license form that may be used by applicants if the bride is a female and the groom is a male; prohibits a county clerk from certifying and recording this marriage license form if the form was used to solemnize a marriage between persons other than a female bride and a male groom. - Amends TCA Title 18, Chapter 6; Title 36, Chapter 3 and Title 68, Chapter 3.
A marriage license application form that may be used by applicants, [...] in addition to providing for the collection of vital information [...], must clearly state in the instructions and on the form that: (i) Only a female applicant may be listed on this form as the bride and only a male applicant may be listed on this form as the groom; [...] A county clerk shall not record and certify a marriage license created pursuant to § 68-3-103(2) (B) if the license was used to solemnize a marriage between persons who do not meet the requirements
As enacted, requires a request made by a student to an employee of the student's LEA or public charter school for an accommodation to affirm the student's gender identity to be reported to a school administrator and to the student's parent; 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; authorizes civil actions to be filed by parents and by the attorney general and reporter against a noncompliant LEA or public charter school. - Amends TCA Title 49.
An employee of an LEA or public charter school shall not knowingly give false or misleading information to the parent of a student regarding the student's gender identity or the student's intention to transition to a gender that differs from the sex listed on the student's official birth certificate or certificate of birth issued upon adoption, if the certificate of birth was issued at or near the time of the student's birth.
As enacted, enacts the "Tennessee Foster and Adoptive Parent Protection Act," which generally prohibits the department of children's services from requiring a current or prospective adoptive or foster parent 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; makes related changes. - Amends TCA Title 37.
The department shall not establish or enforce a standard, rule, or policy that precludes consideration of a parent for a placement based, in whole or in part, upon the parent's sincerely held religious or moral beliefs regarding sexual orientation or gender identity. Such beliefs do not create a presumption that any particular placement is contrary to the best interest of the child.
As enacted, creates a civil cause of action against any person who intentionally recruits, harbors, or transports an unemancipated minor within this state for the purpose of receiving a prohibited medical procedure, regardless of where the medical procedure is to be procured. - Amends TCA Title 29; Title 36; Title 37; Title 39 and Title 68.
A person shall not knowingly remove a minor from this state without the consent of a parent of the minor if the purpose of the removal is to assist the minor in obtaining a medical procedure that, if performed by a healthcare provider within this state, would be a violation of this section.
As enacted, generally prohibits the department from using state funds to administer hormone replacement therapy to state inmates incarcerated in a state penitentiary or a county jail or workhouse, or for sex reassignment surgery for state inmates incarcerated in a state penitentiary or a county jail or workhouse. - Amends TCA Title 39; Title 40 and Title 41.
The department of correction shall not use state funds: (i) To administer hormone replacement therapy to state inmates incarcerated in a state penitentiary or a county jail or workhouse. [...] (ii) For sex reassignment surgery for state inmates incarcerated in a state penitentiary or a county jail or workhouse.
As introduced, enacts the "Equality in Financial Services Act." - Amends TCA Title 45 and Title 47, Chapter 18.
As introduced, requires gender clinics accepting funds from this state to perform gender transition procedures to also perform detransition procedures; requires insurance entities providing coverage of gender transition procedures to also cover detransition procedures; requires certain gender clinics and insurance entities to report information regarding detransition procedures to the department of health. - Amends TCA Title 1; Title 4; Title 33; Title 56; Title 63; Title 68 and Title 71.
Right to public transparency. (a) A gender clinic operating in this state shall report statistics regarding all gender transition procedures to the department on a form provided by the department. (b) The department shall develop a form for reporting under subsection (a) and determine the statistics to be reported, which must include: (1) The date on which the gender transition procedure was prescribed or the referral was made for the gender transition procedure; (2) The age and sex of the person for whom the gender transition procedure was prescribed or the gender transition procedure referral was made; (3) For a drug prescribed as part of a gender transition procedure: (A) The name of the drug; (B) The dosage of the drug; (C) The dosage frequency and duration; and (D) The method by which the drug will be administered; (4) For a surgical procedure provided or a referral made for a surgical procedure as part of a gender transition procedure, the type of surgical procedure identified by the current procedural terminology (CPT) code; (5) The state and county of residence of the person receiving the gender transition procedure; (6) The name, contact information, and medical specialty of the healthcare professional who prescribed the gender transition procedure or made the referral for the gender transition procedure; and (7) A list of any diagnoses that the person receiving or referred for a gender transition procedure has received of neurological, behavioral, or mental health conditions.
As introduced, enacts the ''Medical Ethics Defense Act.'' - Amends TCA Title 33; Title 63 and Title 68.
(a) A medical practitioner, healthcare institution, or healthcare payer has the right not to participate in or pay for any medical procedure or service which violates the conscience of the medical practitioner, healthcare institution, or healthcare payer, as long as the exercise of this right does not impair the obligations, duties, or responsibilities required of the practitioner, institution, or payer under an existing contract.
As introduced, enacts the “Youth Health Protection Act.” - Amends TCA Title 8; Title 9; Title 14; Title 33; Title 63 and Title 68.
It is unlawful for an individual to engage in the following practices upon a minor, or cause the practices to be performed, to facilitate the minor's desire to present or appear in a manner that is inconsistent with the minor's sex: (1) Surgery that sterilizes the minor, including castration, vasectomy, hysterectomy, oophorectomy, metoidioplasty, orchiectomy, penectomy, phalloplasty, and vaginoplasty; (2) A mastectomy; (3) Administering or supplying the following medications that induce transient or permanent infertility: (A) Puberty-blocking medication to stop or delay normal puberty; (B) Supraphysiologic doses of testosterone or other androgens to members of the female sex; or (C) Supraphysiologic doses of estrogen or synthetic compounds with estrogenic activity to members of the male sex
As introduced, prohibits public institutions of higher education offering certain medical and health-related degree or certificate programs, and state contractors, from requiring diversity, equity, and inclusion training and education for purposes of the issuance of a degree, or the approval of a state contract or grant, as applicable. - Amends TCA Title 9; Title 12; Title 49 and Title 63.
As introduced, enacts the "Families' Rights and Responsibilities Act," which declares that the ability of a parent to direct the upbringing, education, health care, and mental health of that parent’s child is a fundamental right. - Amends TCA Title 36 and Title 49.
As introduced, enacts the "Marital Contract at Common Law Recording Act"; authorizes county clerks to accept and record a record of common law marriage between one man and one woman; limits the jurisdiction of circuit courts and chancery courts in cases involving the definition of common law marriage to the principles of common law marriage. - Amends TCA Title 8; Title 10; Title 16; Title 36; Title 39; Title 67 and Title 68.
Tennessee Code Annotated, Title 36, Chapter 3, is amended by adding the following as a new part: 36-3-201. Findings. The general assembly finds that: (1) The existence of a marital relationship between one (1) man and one (1) woman in this state is not dependent on enacted positive law, and the positive law cannot abolish the existence and creation of such a marital relationship but only regulate the mode by which a man and a woman enter into the marital relationship;
As introduced, prohibits any managed care organization that contracts with the bureau of TennCare to provide medical assistance from providing reimbursement or coverage for a medical procedure if the performance or administration of the procedure is for the purpose of enabling a person to identify with, or live as, a purported identity inconsistent with the person's sex, or treating purported discomfort or distress from a discordance between a person's sex and asserted identity. - Amends TCA Title 4; Title 56; Title 68 and Title 71.
A managed care organization (MCO) that contracts with the bureau of TennCare to provide medical assistance pursuant to this part shall not provide reimbursement or coverage for a medical procedure if the performance or administration of the procedure is for the purpose of: (1) Enabling a person to identify with, or live as, a purported identity inconsistent with the person's sex; or (2) Treating purported discomfort or distress from a discordance between a person's sex and asserted identity.
As introduced, clarifies that prescribing hormone treatment for minors is not a standard medical practice when the treatment is for the purpose of enabling a minor to identify with, or live as, a purported identity inconsistent with the minor’s sex or treating purported discomfort or distress from a discordance between a minor's sex and asserted identity. - Amends TCA Title 28; Title 29; Title 33; Title 34; Title 36; Title 37; Title 39; Title 40; Title 49; Title 56; Title 63; Title 68 and Title 71.
Tennessee Code Annotated, Section 63-1-169(b), is amended by deleting the language "for gender dysphoric or gender incongruent prepubertal minors" and substituting instead the language "to enable a minor to identify with, or live as, a purported identity inconsistent with the minor's sex or treat purported discomfort or distress from a discordance between a minor's sex and asserted identity".
As enacted, enacts the "Tennessee Foster and Adoptive Parent Protection Act," which generally prohibits the department of children's services from requiring a current or prospective adoptive or foster parent 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; makes related changes. - Amends TCA Title 37.
The department shall not establish or enforce a standard, rule, or policy that precludes consideration of a parent for a placement based, in whole or in part, upon the parent's sincerely held religious or moral beliefs regarding sexual orientation or gender identity. Such beliefs do not create a presumption that any particular placement is contrary to the best interest of the child
As enacted, requires a request made by a student to an employee of the student's LEA or public charter school for an accommodation to affirm the student's gender identity to be reported to a school administrator and to the student's parent; 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; authorizes civil actions to be filed by parents and by the attorney general and reporter against a noncompliant LEA or public charter school. - Amends TCA Title 49.
The department shall not establish or enforce a standard, rule, or policy that precludes consideration of a parent for a placement based, in whole or in part, upon the parent's sincerely held religious or moral beliefs regarding sexual orientation or gender identity. Such beliefs do not create a presumption that any particular placement is contrary to the best interest of the child
As introduced, establishes various prohibitions and requirements for public institutions of higher education regarding diversity, equity, and inclusion. - Amends TCA Title 49.
The board of trustees of the University of Tennessee, the board of regents, and each state university board shall ensure that each institution governed by the respective board: (1) Does not [...] (A) Establish or maintain a diversity, equity, and inclusion office or an office [...] (B) Hire or assign an employee of the institution or otherwise contract with a third party for the third party to perform the duties of a diversity, equity, and inclusion office; (C) Compel, require, induce, solicit, or imply any negative direct or indirect consequences for the refusal of a person to provide a diversity, equity, and inclusion statement [...] (E) Require, as a condition of enrolling in the institution or performing any function of the institution, a person to participate in diversity, equity, and inclusion training, which: (i) Includes a training, program, or activity regarding race, color, ethnicity, gender identity, or sexual orientation;
As introduced, requires gender clinics accepting funds from this state to perform gender transition procedures to also perform detransition procedures; requires insurance entities providing coverage of gender transition procedures to also cover detransition procedures; requires certain gender clinics and insurance entities to report information regarding detransition procedures to the department of health. - Amends TCA Title 1; Title 4; Title 33; Title 56; Title 63; Title 68 and Title 71.
Right to public transparency. (a) A gender clinic operating in this state shall report statistics regarding all gender transition procedures to the department on a form provided by the department. (b) The department shall develop a form for reporting under subsection (a) and determine the statistics to be reported, which must include: (1) The date on which the gender transition procedure was prescribed or the referral was made for the gender transition procedure; (2) The age and sex of the person for whom the gender transition procedure was prescribed or the gender transition procedure referral was made; (3) For a drug prescribed as part of a gender transition procedure: (A) The name of the drug; (B) The dosage of the drug; (C) The dosage frequency and duration; and (D) The method by which the drug will be administered; (4) For a surgical procedure provided or a referral made for a surgical procedure as part of a gender transition procedure, the type of surgical procedure identified by the current procedural terminology (CPT) code; (5) The state and county of residence of the person receiving the gender transition procedure; (6) The name, contact information, and medical specialty of the healthcare professional who prescribed the gender transition procedure or made the referral for the gender transition procedure; and (7) A list of any diagnoses that the person receiving or referred for a gender transition procedure has received of neurological, behavioral, or mental health conditions.
As introduced, enacts the "Equality in Financial Services Act." - Amends TCA Title 45 and Title 47, Chapter 18.
A financial institution shall not [...] discriminate in the provision of financial services.[...] "Discriminate in the provision of financial services" [...] means utilizing a social credit score to directly or indirectly decline to provide full and equal enjoyment in the provision of financial services; [...] "Social credit score" means any analysis, rating, scoring, list, or tabulation that evaluates: [...] (E) Failure or refusal to facilitate or assist employees in obtaining abortions or gender reassignment services;
As introduced, enacts the ''Medical Ethics Defense Act.'' - Amends TCA Title 33; Title 63 and Title 68.
A) A medical practitioner, health care institution, or health care payer shall have the right not to participate in or pay for any health care service which violates his, her, or its conscience.
As enacted, revises language prohibiting educators from discriminating against students on certain, specified bases to generally prohibiting educators from discriminating against students on any basis. - Amends TCA Title 49, Chapter 5 and Title 49, Chapter 6.
Tennessee Code Annotated, Section 49-5-1003(b)(10), is amended by deleting "family, social, or cultural background; or sexual orientation" and substituting "family background; or the student's membership in a protected class under federal or state law".
As introduced, requires the department to create a separate marriage license application form and marriage license form that may be used by applicants if the bride is a female and the groom is a male; prohibits a county clerk from certifying and recording this marriage license form if the form was used to solemnize a marriage between persons other than a female bride and a male groom. - Amends TCA Title 18, Chapter 6; Title 36, Chapter 3 and Title 68, Chapter 3.
As enacted, creates a civil cause of action against any person who intentionally recruits, harbors, or transports an unemancipated minor within this state for the purpose of receiving a prohibited medical procedure, regardless of where the medical procedure is to be procured. - Amends TCA Title 29; Title 36; Title 37; Title 39 and Title 68.
A person shall not knowingly remove a minor from this state without the consent of a parent of the minor if the purpose of the removal is to assist the minor in obtaining a medical procedure that, if performed by a healthcare provider within this state, would be a violation of this section.
As enacted, generally prohibits the department from using state funds to administer hormone replacement therapy to state inmates incarcerated in a state penitentiary or a county jail or workhouse, or for sex reassignment surgery for state inmates incarcerated in a state penitentiary or a county jail or workhouse. - Amends TCA Title 39; Title 40 and Title 41.
The department of correction shall not use state funds: (i) To administer hormone replacement therapy to state inmates incarcerated in a state penitentiary or a county jail or workhouse. [...] (ii) For sex reassignment surgery for state inmates incarcerated in a state penitentiary or a county jail or workhouse.