Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0571 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2		SENATE BILL 468
3	3		By Bowling
4	4
5	5		HOUSE BILL 571
6		-	By ~~Bulso~~
	6	+	By Barrett
7	7
8	8
9	9		HB0571
10	10		001005
11	11		- 1 -
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13	13		AN ACT to amend Tennessee Code Annotated, Title 4;
14	14		Title 37; Title 41; Title 49 and Title 68, relative to
15	15		public safety.
16	16
17	17		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	18		SECTION 1. Tennessee Code Annotated, Title 68, is amended by adding the following
19	19		as a new chapter:
20	20		68-107-101. Short title.
21	21		This act is known and may be cited as the "Women's Safety and Protection Act."
22	22		68-107-102. Purpose.
23	23		The purpose of this chapter is:
24	24		(1) To clarify and reconcile the meaning of sex, male, female, and related
25	25		terms in state law; and
26	26		(2) To provide protections for women and girls against sexual assault,
27	27		harassment, and violence in correctional facilities, juvenile detention facilities,
28	28		domestic violence shelters, dormitories, and restrooms, or where women have
29	29		been traditionally afforded safety and protection from acts of abuse committed by
30	30		biological men.
31	31		68-107-103. Findings.
32	32		The legislature finds and declares that:
33	33		(1) "Physical differences between men and women, however, are
34	34		enduring: '[T]he two sexes are not fungible; a community made up exclusively of
35	35		one [sex] is different from a community composed of both.'" United States v.
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40	40		Virginia, 518 U.S. 515, 533 (1996), citing Ballard v. United States, 329 U.S. 187,
41	41		193 (1946);
42	42		(2) The United States Supreme Court has recognized that there are
43	43		"'[i]nherent differences' between men and women", and that these differences
44	44		"remain cause for celebration, but not for denigration of the members of either
45	45		sex or for artificial constraints on an individual's opportunity" in United States v.
46	46		Virginia, 518 U.S. 515, 533 (1996);
47	47		(3) The equal protection clause of the Fourteenth Amendment of the
48	48		Constitution of the United States of America allows for legislatures to enact
49	49		facially neutral laws of general applicability, such as biologically based definitions
50	50		of sex;
51	51		(4) Biologically based definitions of sex have been consistently applied
52	52		since our nation's founding; and
53	53		(5) Decades of opinions from the supreme court of the United States
54	54		have upheld the argument that biological distinctions between male and female
55	55		are a matter of scientific fact, and biological sex is an objectively defined
56	56		category that has obvious, immutable, and distinguishable characteristics.
57	57		68-107-104. Chapter definitions.
58	58		As used in this chapter:
59	59		(1) "Boy" means a human male who is a minor;
60	60		(2) "Changing room" means a room or area in which a person may be in
61	61		a state of undress in the presence of others, including a locker room or shower
62	62		room;
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67	67		(3) "Correctional facility" means a correctional facility owned and
68	68		operated by the state or the housing of prisoners committed to the custody of the
69	69		department of correction;
70	70		(4) "Domestic violence shelter" means a community-based shelter for
71	71		victims of domestic violence;
72	72		(5) "Father" means a parent who is of the male sex;
73	73		(6) "Female" means an individual whose biological reproductive system
74	74		is developed to produce ova; who has, had, will have, or would have, but for a
75	75		developmental or genetic anomaly or historical accident, the reproductive system
76	76		that at some point produces, transports, and utilizes eggs for fertilization;
77	77		(7) "Girl" means a human female who is a minor;
78	78		(8) "Juvenile detention facility" means a facility that is formally recognized
79	79		as a juvenile detention facility by the state agency responsible for monitoring,
80	80		review, or certification of juvenile detention facilities that house juvenile
81	81		offenders;
82	82		(9) "Male" means an individual whose biological reproductive system is
83	83		developed to fertilize the ova of a female who has, had, will have, or would have,
84	84		but for a developmental or genetic anomaly or historical accident, the
85	85		reproductive system that at some point produces, transports, and utilizes sperm
86	86		for fertilization;
87	87		(10) "Man" means a human male who has reached the age of majority;
88	88		(11) "Mother" means a parent who is a member of the female sex;
89	89		(12) "Public school" means a school that is created pursuant to § 49-1-
90	90		101;
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95	95		(13) "Restroom" means a room that includes one (1) or more toilets or
96	96		urinals;
97	97		(14) "Sex":
98	98		(A) Means an individual's biological sex, either male or female, as
99	99		observed or clinically verified at birth; and
100	100		(B) Does not include gender identity and other subjective terms,
101	101		which do not apply to this chapter and must not be used as synonyms or
102	102		substitutes for sex;
103	103		(15) "Sleeping quarters" means a room with more than one (1) bed and
104	104		in which more than one (1) individual is housed overnight; and
105	105		(16) "Woman" means a human female who has reached the age of
106	106		majority.
107	107		68-107-105. Application of definitions — Distinctions between the sexes.
108	108		Notwithstanding another law to the contrary, any law enacted by the legislature,
109	109		or any rule adopted by a state agency or other entity subject to the Uniform
110	110		Administrative Procedures Act, compiled in title 4, chapter 5, when applicable to an
111	111		individual's sex must be interpreted using the definitions provided in this chapter.
112	112		68-107-106. Safety and privacy of women and girls in facilities designated for
113	113		biological females.
114	114		Notwithstanding another law to the contrary, a governmental agency shall not
115	115		prohibit distinctions between the sexes with respect to athletics, correctional facilities,
116	116		juvenile detention facilities, domestic violence shelters, or other accommodations where
117	117		biology, safety, or privacy is implied and that result in separate accommodations that are
118	118		substantially related to the important government interest of protecting the health, safety,
119	119		and privacy of individuals in such circumstances. This chapter does not prohibit a
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124	124		domestic violence shelter, public school, correctional facility, or juvenile detention facility
125	125		from:
126	126		(1) Establishing single-occupancy restrooms, changing rooms, or
127	127		sleeping quarters that are not designated by sex; or
128	128		(2) Redesignating a multi-occupancy restroom or sleeping quarters for
129	129		the exclusive use of another group authorized under this chapter as needed.
130	130		68-107-107. Safety and privacy in domestic violence shelters.
131	131		(a) A domestic violence shelter shall designate each multi-occupancy restroom,
132	132		changing room, and sleeping quarters for the exclusive use of any one (1) of the
133	133		following:
134	134		(1) Females;
135	135		(2) Males; or
136	136		(3) Members of the same family.
137	137		(b) A restroom, changing room, or sleeping quarters within a domestic violence
138	138		shelter that is designated for females or males must be used only by members of that
139	139		sex. An individual shall not enter a restroom, changing room, or sleeping quarters that is
140	140		designated for females or males unless the individual is a member of that sex.
141	141		(c) The domestic violence shelter shall take reasonable steps to provide
142	142		individuals with privacy in restrooms, changing rooms, and sleeping quarters from
143	143		members of the opposite sex.
144	144		(d) This section does not apply to an individual who enters a restroom, changing
145	145		room, or sleeping quarters designated for the opposite sex in the following
146	146		circumstances:
147	147		(1) To perform custodial services or maintenance of a restroom,
148	148		changing room, or sleeping quarters that is normally used by the opposite sex;
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153	153		(2) To render medical assistance;
154	154		(3) To render assistance by law enforcement; or
155	155		(4) To provide services or render aid during a natural disaster, a declared
156	156		emergency, or when necessary to prevent a serious threat to good order or
157	157		safety.
158	158		(e) This section does not prohibit a domestic violence shelter from adopting
159	159		policies necessary to accommodate persons protected under the federal Americans with
160	160		Disabilities Act (42 U.S.C. § 12101 et seq.) or young children in need of physical
161	161		assistance when using restrooms, changing facilities, or sleeping quarters.
162	162		68-107-108. Safety and privacy in restrooms of public schools.
163	163		(a) A public school shall designate each multi-occupancy restroom or changing
164	164		room for the exclusive use of either females, males, or members of the same family.
165	165		(b)
166	166		(1) A restroom or changing room within a public school that is designated
167	167		for males or females must be used only by members of that same sex. An
168	168		individual shall not enter a restroom or changing room that is designated for one
169	169		(1) sex unless the individual is a member of that sex.
170	170		(2) The public school shall take reasonable steps to provide individuals
171	171		with privacy in restrooms and changing rooms from members of the opposite
172	172		sex.
173	173		(c) During a public school-authorized activity or event where students share
174	174		sleeping quarters, a student shall not share sleeping quarters with a member of the
175	175		opposite sex, unless such persons are members of the same family, such as a parent,
176	176		legal guardian, sibling, or grandparent, and the student has received approval from the
177	177		parent or legal guardian to do so.
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182	182		(d) In any other public school facility or setting where a person may be in a state
183	183		of undress in the presence of others, school personnel shall provide separate, private
184	184		areas designated for use by persons based on the person's sex, and a person shall not
185	185		enter these private areas unless the person is a member of the designated sex.
186	186		(e) This section does not apply to an individual who enters a restroom, changing
187	187		room, or sleeping quarters designated for the opposite sex in the following
188	188		circumstances:
189	189		(1) To perform custodial services or maintenance of a restroom,
190	190		changing room, or sleeping quarters that is normally used by the opposite sex;
191	191		(2) To render medical assistance;
192	192		(3) To render assistance by law enforcement; or
193	193		(4) To provide services or render aid during a natural disaster, a declared
194	194		emergency, or when necessary to prevent a serious threat to good order or
195	195		safety.
196	196		(f) This section does not prohibit a public school from adopting policies
197	197		necessary to accommodate persons protected under the federal Americans with
198	198		Disabilities Act (42 U.S.C. § 12101 et seq.); title 49, chapter 2, part 8; or adoption of
199	199		policies necessary to accommodate young children in need of physical assistance when
200	200		using restrooms, changing facilities, or sleeping quarters.
201	201		68-107-109. Safety and privacy in correctional facilities and juvenile detention
202	202		facilities.
203	203		(a) A correctional facility or juvenile detention facility shall designate each multi-
204	204		occupancy restroom, changing room, and sleeping quarters for the exclusive use of
205	205		either females, males, or members of the same family.
206	206		(b)
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211	211		(1) A restroom, changing room, or sleeping quarters within a correctional
212	212		facility or juvenile detention facility that is designated for females or males must
213	213		be used only by members of that sex. An individual shall not enter a restroom,
214	214		changing room, or sleeping quarters that is designated for females or males
215	215		unless the individual is a member of that sex.
216	216		(2) A correctional facility or juvenile detention facility shall take
217	217		reasonable steps to provide individuals with privacy in restrooms, changing
218	218		rooms, and sleeping quarters from members of the opposite sex.
219	219		(c) This section does not apply to an individual who enters a restroom, changing
220	220		room, or sleeping quarters designated for the opposite sex in the following
221	221		circumstances:
222	222		(1) To perform custodial services or maintenance of a restroom,
223	223		changing room, or sleeping quarters that is normally used by the opposite sex;
224	224		(2) To render medical assistance;
225	225		(3) To render assistance by law enforcement; or
226	226		(4) To provide services or render aid during a natural disaster, a declared
227	227		emergency, or when necessary to prevent a serious threat to good order or
228	228		safety.
229	229		(d) This section does not prohibit a correctional facility or juvenile detention
230	230		facility from adopting policies necessary to accommodate persons protected under the
231	231		federal Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) or young children in
232	232		need of physical assistance when using restrooms, changing facilities, or sleeping
233	233		quarters.
234	234		68-107-110. Standard of review.
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239	239		A law that distinguishes between the sexes in furtherance of this chapter is
240	240		subject to intermediate scrutiny, which forbids discrimination against similarly situated
241	241		individuals, but allows the law to distinguish between the sexes when there is an
242	242		important governmental interest.
243	243		68-107-111. Remedies, rebuttable presumption, cause of action.
244	244		(a) An individual who suffers, or is likely to suffer, from direct or indirect harm as
245	245		a result of a violation of this chapter may assert that violation as a cause of action for
246	246		remedies provided for in subsection (e).
247	247		(b) A person who contracts with an agency of government to provide services for
248	248		biological females at a domestic violence shelter, juvenile detention facility, correctional
249	249		facility, or public school that is operated at the direction of, and receives funding from,
250	250		the state, a local government, or a political subdivision has a cause of action against the
251	251		agency of the public servant who directed the contractor to violate this chapter.
252	252		(c) A person who is subjected to retaliation or other adverse action by asserting
253	253		rights that are affirmed by this chapter has a cause of action for remedies provided for in
254	254		subsection (e).
255	255		(d) It is a rebuttable presumption that requiring an individual to be housed with
256	256		members of the opposite sex at a domestic violence shelter, juvenile detention facility,
257	257		correctional facility, or public school that is subject to this chapter is inherently
258	258		discriminatory and is a cognizable harm to biological women under this chapter.
259	259		(e) A person who brings a cause of action pursuant to this chapter may obtain
260	260		appropriate relief, including, but not limited to:
261	261		(1) Injunctive relief, a protective order, a writ of mandamus or a
262	262		prohibition, or declaratory relief to prevent a violation of this chapter; or
263	263		(2) Actual damages, reasonable attorney fees, and costs.
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268	268		(f) The court may waive the requirement that the petitioner post bond for good
269	269		cause shown.
270	270		(g) A civil action under this chapter must be initiated within two (2) years from
271	271		the date that the harm occurred.
272	272		SECTION 2. If any provision of this act, or its application to any person or circumstance
273	273		is held invalid, then the invalidity does not affect other provisions or applications of this act that
274	274		can be given effect without the invalid provision or application, and to that end, the provisions of
275	275		this act are severable.
276	276		SECTION 3. The headings in this act are for reference purposes only and do not
277	277		constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
278	278		requested to include the headings in any compilation or publication containing this act.
279	279		SECTION 4. This act takes effect July 1, 2025, the public welfare requiring it.