South Carolina Senate Bill S0322

South Carolina 2025-2026 Regular Session

• Introduced: 2/6/25
• Refer: 2/6/25

Caption

Free Speech

Impact

If enacted, S0322 will directly influence the policies governing public schools and higher education institutes in South Carolina. It requires governing bodies of these educational institutions to implement policies that align with the bill, and it establishes protections for employees who choose not to identify students by anything other than their biologically-assigned sex. This regulation may affect the way gender identity is treated within educational settings across the state, potentially impacting the experiences of transgender and non-binary students.

Summary

Senate Bill S0322, known as the 'Free to Speak Act', aims to amend the South Carolina Code of Laws by putting restrictions on how public school employees and employees of public institutions of higher learning may address students regarding gender-related matters. Specifically, it prohibits school employees from knowingly addressing an unemancipated minor by a pronoun or title that is inconsistent with the student's biological sex without the written consent from a parent or guardian. This legislation seeks to protect the rights of employees from adverse employment actions if they refuse to use such pronouns or titles without parental permission.

Contention

The passage of S0322 is likely to face significant debate. Supporters may argue that it upholds traditional definitions of gender and ensures parental rights in the educational sphere. Opponents, however, could view the bill as a violation of students' rights and a disregard for the complexities of gender identity. This tension places educators in a challenging position where their professional conduct could conflict with their ethical obligations to support students experiencing gender identity issues. Additionally, there may be concerns about the implications of the bill for the inclusion and safety of LGBTQ+ students in the education system.