Tennessee Senate Bill SB1440

Tennessee 2023-2024 Regular Session

• Introduced: 2/1/23
• Engrossed: 3/13/23
• Enrolled: 4/28/23
• Passed: 5/17/23
• Chaptered: 5/24/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 1, Chapter 3 and Title 49, Chapter 2, Part 8, relative to statutory definitions.

Impact

The impact of SB1440, if enacted, would centralize the definition of 'sex' within state law and establish stricter criteria for any entities operating under this legal definition. By confining the definition to biological factors at birth, the bill could potentially affect various areas, including educational policies, nondiscrimination laws, and access to services for individuals who do not conform to traditional gender norms. This shift could lead to considerable changes in how state laws interact with individuals' rights and identity documentation.

Summary

Senate Bill 1440 aims to amend the Tennessee Code Annotated by providing a statuary definition of 'sex' as a person's immutable biological sex determined by anatomy and genetics at birth. This amendment is intended to clarify legal contexts in which the term 'sex' is used, including but not limited to documentation requirements such as government-issued identification. The changes target the definitions utilized in Title 1, Chapter 3, and Title 49, Chapter 2, primarily affecting educational and legal frameworks within the state.

Sentiment

The sentiment surrounding SB1440 has been deeply polarized. Supporters argue that it reinforces traditional views on gender and provides clarity in law, promoting the idea that biological sex should be the determinant factor in legal contexts. However, opponents of the bill view it as a regressive step that could infringe on the rights of transgender and non-binary individuals, limiting their recognition and rights under state law. The discussions reflect wider societal tensions regarding gender identity and legal recognition.

Contention

Notable points of contention include the implications for individuals whose gender identity does not align with their biological designation at birth. Critics raise concerns about the potential for discrimination and the bill's alignment with broader national trends that seek to limit recognizing gender diversity. Proponents argue that unwavering definitions are essential for protecting women's rights and privacy. The debate encapsulates the larger struggle over the balance between biological determinism and social considerations of identity.