Tennessee 2025-2026 Regular Session

Tennessee House Bill HB1270 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	SENATE BILL 937
3	3	By Rose
4	4
5	5	HOUSE BILL 1270
6	6	By Cochran
7	7
8	8
9	9	HB1270
10	10	002934
11	11	- 1 -
12	12
13	13	AN ACT to amend Tennessee Code Annotated, Title 4;
14	14	Title 8; Title 9, Chapter 8; Title 29, Chapter 20 and
15	15	Title 49, relative to freedom of speech.
16	16
17	17	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	18	SECTION 1. Tennessee Code Annotated, Section 49-6-5102, is amended by deleting
19	19	the section and substituting instead the following:
20	20	(a) The general assembly finds that:
21	21	(1) Students, teachers, employees, and contractors of public schools and
22	22	LEAs do not shed their constitutional rights to freedom of speech and expression
23	23	while at school or work;
24	24	(2) Protecting the right to free speech for students, teachers, employees,
25	25	and contractors of public schools and LEAs promotes important state interests;
26	26	(3) The use of names and pronouns by students, teachers, employees,
27	27	and contractors of public schools and LEAs in an educational setting is a matter
28	28	of free speech or expression; and
29	29	(4) A student, teacher, employee, or contractor of a public school or LEA
30	30	should never be compelled to affirm a belief with which the student, teacher,
31	31	employee, or contractor disagrees.
32	32	(b) A student, teacher, employee, or contractor of a public school or LEA is not:
33	33	(1) Required to use the:
34	34	(A) Preferred name of a student, teacher, employee, or contractor
35	35	of a public school or LEA, if the individual's preferred name is not the
36	36	individual's legal name or a derivative thereof; or
37	37
38	38
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40	40
41	41	(B) Preferred pronoun of a student, teacher, employee, or
42	42	contractor of a public school or LEA, if the individual's preferred pronoun
43	43	is not consistent with the individual's sex;
44	44	(2) Civilly liable for using:
45	45	(A) The legal name or a derivative thereof of a student, teacher,
46	46	employee, or contractor of a public school or LEA when addressing or
47	47	referring to the student, teacher, employee, or contractor, even if the
48	48	individual's legal name is not the individual's preferred name; or
49	49	(B) A pronoun that is consistent with the sex of the student,
50	50	teacher, employee, or contractor to whom the student, teacher,
51	51	employee, or contractor is referring, even if the pronoun is not the
52	52	individual's preferred pronoun; or
53	53	(3) Subject to an adverse action or disciplinary action for not using:
54	54	(A) The preferred name of a student, teacher, employee, or
55	55	contractor of a public school or LEA, if the individual's preferred name is
56	56	not the individual's legal name or a derivative thereof; or
57	57	(B) The preferred pronoun of a student, teacher, employee, or
58	58	contractor of a public school or LEA, if the individual's preferred pronoun
59	59	is inconsistent with the individual's sex.
60	60	(c) A public school or LEA is not civilly liable if a teacher, employee, or
61	61	contractor of the public school or LEA refers to a student, teacher, employee, or
62	62	contractor of the public school or LEA using:
63	63	(1) The individual's legal name or a derivative thereof, even if the
64	64	individual's legal name is not the individual's preferred name; or
65	65
66	66
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68	68
69	69	(2) A pronoun that is consistent with the sex of the individual to whom the
70	70	student, teacher, employee, or contractor is referring, even if the pronoun is not
71	71	the individual's preferred pronoun.
72	72	(d)
73	73	(1) A public school, LEA, or teacher, employee, or contractor of a public
74	74	school or LEA shall not ask a student, teacher, employee, or contractor of the
75	75	public school or LEA to provide the individual's preferred pronouns and shall not
76	76	subject a student, teacher, employee, or contractor of the public school or LEA to
77	77	an adverse action or disciplinary action for refusing to provide the individual's
78	78	preferred pronouns.
79	79	(2) A teacher, employee, or contractor of a public school or LEA shall not
80	80	knowingly address or refer to an unemancipated minor student who is enrolled in
81	81	the public school or LEA by a name other than the student's legal name, or a
82	82	derivative thereof, or by a pronoun or title that is inconsistent with the student's
83	83	sex without first obtaining written consent to do so from the unemancipated minor
84	84	student's parent or legal guardian.
85	85	(3) A teacher, employee, or contractor of a public school or LEA shall not
86	86	ask a student to refer to the teacher, employee, or contractor using a pronoun or
87	87	honorific that is inconsistent with the sex of the teacher, employee, or contractor.
88	88	(e)
89	89	(1) If a public school, LEA, or a teacher, employee, or contractor of a
90	90	public school or LEA requires a student, teacher, employee, or contractor of the
91	91	public school or LEA to use a preferred name or preferred pronoun in violation of
92	92	subdivision (b)(1) or subjects a student, teacher, employee, or contractor of the
93	93	public school or LEA to an adverse action or disciplinary action for refusing to
94	94
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98	98	use a preferred name or preferred pronoun in violation of subdivision (b)(3), then
99	99	the student or the student's parent or legal guardian if the student is an
100	100	unemancipated minor, teacher, employee, or contractor who was required to use
101	101	a preferred name or preferred pronoun in violation of subdivision (b)(1) or who
102	102	was subjected to an adverse action or disciplinary action for refusing to use a
103	103	preferred name or preferred pronoun in violation of subdivision (b)(3) has a
104	104	private cause of action against the public school or LEA for injunctive relief,
105	105	monetary damages, and any other relief available under law. The student or the
106	106	student's parent or legal guardian if the student is an unemancipated minor,
107	107	teacher, employee, or contractor is also entitled to recover reasonable costs and
108	108	attorney fees. A student or the student's parent or legal guardian if the student is
109	109	an unemancipated minor, teacher, employee, or contractor has two (2) years
110	110	from the date of a violation of subdivision (b)(1) or (b)(3) to file an action.
111	111	(2) If a public school, LEA, or a teacher, employee, or contractor of a
112	112	public school or LEA violates subdivision (d)(1), then the student or the student's
113	113	parent or legal guardian if the student is an unemancipated minor, teacher,
114	114	employee, or contractor of the public school or LEA who was required to provide
115	115	their preferred pronouns or who was subject to an adverse action or disciplinary
116	116	action for refusing to provide their preferred pronouns in violation of subdivision
117	117	(d)(1) has a private cause of action against the public school or LEA for injunctive
118	118	relief, monetary damages, and any other relief available under law. The student
119	119	or the student's parent or legal guardian if the student is an unemancipated
120	120	minor, teacher, employee, or contractor is also entitled to recover reasonable
121	121	costs and attorney fees. A student or the student's parent or legal guardian if the
122	122
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126	126	student is an unemancipated minor, teacher, employee, or contractor has two (2)
127	127	years from the date of the violation of subdivision (d)(1) to file an action.
128	128	(3) If a teacher, employee, or contractor of a public school or LEA
129	129	violates subdivision (d)(2) or (d)(3), then the student, or the student's parent or
130	130	legal guardian if the student is an unemancipated minor, who was addressed or
131	131	referred to in violation of subdivision (d)(2) or who was asked to refer to a
132	132	teacher, employee, or contractor of the public school or LEA has a private cause
133	133	of action against the public school or LEA for injunctive relief, monetary
134	134	damages, and any other relief available under law. The student, parent, or legal
135	135	guardian is also entitled to recover reasonable costs and attorney fees. A
136	136	student, parent, or legal guardian has two (2) years from the date of the violation
137	137	to file an action.
138	138	SECTION 2. Tennessee Code Annotated, Title 49, Chapter 7, Part 24, is amended by
139	139	adding the following as a new section:
140	140	(a) The general assembly finds that:
141	141	(1) Students, faculty, employees, and contractors of public institutions of
142	142	higher education do not shed their constitutional rights to freedom of speech and
143	143	expression while at work or while receiving an education on a campus of the
144	144	institution;
145	145	(2) Protecting the right to free speech for students, faculty, employees,
146	146	and contractors of public institutions of higher education promotes important
147	147	state interests;
148	148	(3) The use of names or pronouns by students, faculty, employees, and
149	149	contractors of public institutions of higher education is a matter of free speech or
150	150	expression; and
151	151
152	152
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154	154
155	155	(4) A student, faculty member, employee, or contractor of a public
156	156	institution of higher education should never be compelled to affirm a belief with
157	157	which the student, faculty member, employee, or contractor disagrees.
158	158	(b) A student, faculty member, employee, or contractor of an institution is not:
159	159	(1) Required to use the:
160	160	(A) Preferred name of a student, faculty member, employee, or
161	161	contractor, if the individual's preferred name is not the individual's legal
162	162	name or a derivative thereof; or
163	163	(B) Preferred pronoun of a student, faculty member, employee, or
164	164	contractor, if the individual's preferred pronoun is not consistent with the
165	165	individual's sex;
166	166	(2) Civilly liable for using:
167	167	(A) The legal name or a derivative thereof of a student, faculty
168	168	member, employee, or contractor when addressing or referring to the
169	169	student, faculty member, employee, or contractor, even if the individual's
170	170	legal name is not the individual's preferred name; or
171	171	(B) A pronoun that is consistent with the sex of the student,
172	172	faculty member, employee, or contractor to whom the student, faculty
173	173	member, employee, or contractor is referring, even if the pronoun is not
174	174	the individual's preferred pronoun; or
175	175	(3) Subject to an adverse action or disciplinary action for not using the:
176	176	(A) Preferred name of a student, faculty member, employee, or
177	177	contractor, if the individual's preferred name is not the individual's legal
178	178	name or a derivative thereof; or
179	179
180	180
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182	182
183	183	(B) Preferred pronoun of a student, faculty member, employee, or
184	184	contractor, if the individual's preferred pronoun is inconsistent with the
185	185	individual's sex.
186	186	(c) A public institution of higher education is not civilly liable if a student, faculty
187	187	member, employee, or contractor of the institution refers to another student, faculty
188	188	member, employee, or contractor of the institution using:
189	189	(1) The individual's legal name or a derivative thereof, even if the
190	190	individual's legal name is not the individual's preferred name; or
191	191	(2) A pronoun that is consistent with the sex of the individual to whom the
192	192	student, faculty member, employee, or contractor is referring, even if the pronoun
193	193	is not the individual's preferred pronoun.
194	194	(d) A public institution of higher education or a faculty member, employee, or
195	195	contractor of the institution shall not ask a student, faculty member, employee, or
196	196	contractor of the institution to provide the individual's preferred pronouns and shall not
197	197	subject a student, faculty member, employee, or contractor of the institution to an
198	198	adverse action or disciplinary action for refusing to provide the individual's preferred
199	199	pronouns.
200	200	(e)
201	201	(1) If a public institution of higher education or a faculty member,
202	202	employee, or contractor of the institution requires a student, faculty member,
203	203	employee, or contractor of the institution to use a preferred name or preferred
204	204	pronoun in violation of subdivision (b)(1) or subjects a student, faculty member,
205	205	employee, or contractor of the institution to an adverse action or disciplinary
206	206	action for refusing to use a preferred name or preferred pronoun in violation of
207	207	subdivision (b)(3), then the student, faculty member, employee, or contractor who
208	208
209	209
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212	212	was required to use a preferred name or preferred pronoun or who was subject
213	213	to an adverse action or disciplinary action for refusing to use a preferred name or
214	214	preferred pronoun has a private cause of action against the institution for
215	215	injunctive relief, monetary damages, and any other relief available under law.
216	216	The student, faculty member, employee, or contractor is also entitled to recover
217	217	reasonable costs and attorney fees. A student, faculty member, employee, or
218	218	contractor has two (2) years from the date of a violation of subdivision (b)(1) or
219	219	(b)(3) to file an action.
220	220	(2) If an institution or a faculty member, employee, or contractor of the
221	221	institution violates subsection (d), then the student, faculty member, employee, or
222	222	contractor who was required to provide their preferred pronouns or who was
223	223	subject to an adverse action or disciplinary action for refusing to provide their
224	224	preferred pronouns has a private cause of action against the institution for
225	225	injunctive relief, monetary damages, and any other relief available under law.
226	226	The student, faculty member, employee, or contractor is also entitled to recover
227	227	reasonable costs and attorney fees. A student, faculty member, employee, or
228	228	contractor has two (2) years from the date of the violation to file an action.
229	229	SECTION 3. Tennessee Code Annotated, Title 8, Chapter 50, Part 1, is amended by
230	230	adding the following as a new section:
231	231	(a) The general assembly finds that:
232	232	(1) State employees and contractors of the state do not shed their
233	233	constitutional rights to freedom of speech and expression while at work;
234	234	(2) Protecting the rights to free speech and expression for state
235	235	employees and contractors of the state promotes important state interests;
236	236
237	237
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239	239
240	240	(3) The use of names and pronouns by state employees and contractors
241	241	of the state is a matter of free speech and expression; and
242	242	(4) A state employee or contractor of the state should never be
243	243	compelled to affirm a belief with which the employee or contractor of the state
244	244	disagrees.
245	245	(b) A state employee or contractor of the state is not:
246	246	(1) Required to use the:
247	247	(A) Preferred name of a state employee, contractor of the state,
248	248	or a person with whom the state employee or contractor of the state is
249	249	communicating for purposes of, and within the scope of, the employee's
250	250	state employment or the contractor's contract with the state, if the
251	251	individual's preferred name is not the individual's legal name or a
252	252	derivative thereof; or
253	253	(B) Preferred pronoun of a state employee, contractor of the
254	254	state, or a person with whom the state employee or contractor of the state
255	255	is communicating for purposes of, and within the scope of, the employee's
256	256	state employment or the contractor's contract with the state, if the
257	257	individual's preferred pronoun is not consistent with the individual's sex;
258	258	(2) Civilly liable for using:
259	259	(A) The legal name or a derivative thereof of a state employee,
260	260	contractor of the state, or a person with whom the state employee or
261	261	contractor of the state is communicating for purposes of, and within the
262	262	scope of, the employee's state employment or the contractor's contract
263	263	with the state when addressing or referring to the individual, even if the
264	264	individual's legal name is not the individual's preferred name; or
265	265
266	266
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269	269	(B) A pronoun to refer to a state employee, contractor of the
270	270	state, or a person with whom the state employee or contractor of the state
271	271	is communicating for purposes of, and within the scope of, the employee's
272	272	state employment or the contractor's contract with the state that is
273	273	consistent with the sex of the individual to whom the state employee or
274	274	contractor of the state is referring, even if the pronoun is not the
275	275	individual's preferred pronoun; or
276	276	(3) Subject to an adverse action for not using the:
277	277	(A) Preferred name of a state employee, contractor of the state,
278	278	or a person with whom the state employee or contractor of the state is
279	279	communicating for purposes of, and within the scope of, the employee's
280	280	state employment or the contractor's contract with the state, if the
281	281	individual's preferred name is not the individual's legal name or a
282	282	derivative thereof; or
283	283	(B) Preferred pronoun of a state employee, contractor of the
284	284	state, or a person with whom the state employee or contractor of the state
285	285	is communicating for purposes of, and within the scope of, the employee's
286	286	state employment or the contractor's contract with the state, if the
287	287	individual's preferred pronoun is inconsistent with the individual's sex.
288	288	(c) The state is not civilly liable if a state employee or contractor of the state
289	289	refers to a state employee, contractor of the state, or a person with whom the state
290	290	employee or contractor of the state is communicating for purposes of, and within the
291	291	scope of, the employee's state employment or the contractor's contract with the state
292	292	using:
293	293
294	294
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296	296
297	297	(1) The individual's legal name or a derivative thereof, even if the
298	298	individual's legal name is not the individual's preferred name; or
299	299	(2) A pronoun that is consistent with the sex of the individual to whom the
300	300	state employee is referring, even if the pronoun is not the individual's preferred
301	301	pronoun.
302	302	(d) The state or a state employee or contractor of the state shall not ask a state
303	303	employee, contractor, or a person with whom the state employee or contractor is
304	304	communicating for purposes of, and within the scope of, the employee's state
305	305	employment or the contractor's contract with the state to provide the individual's
306	306	preferred pronouns, and shall not subject a state employee, contractor, or a person with
307	307	whom the state employee or contractor is communicating for purposes of, and within the
308	308	scope of, the employee's state employment or the contractor's contract with the state to
309	309	an adverse action for refusing to provide the individual's preferred pronouns.
310	310	(e)
311	311	(1) If the state or a state employee or contractor of the state requires a
312	312	state employee or contractor of the state to use a preferred name or preferred
313	313	pronoun in violation of subdivision (b)(1) or subjects a state employee or
314	314	contractor of the state to an adverse action for refusing to use a preferred name
315	315	or preferred pronoun in violation of subdivision (b)(3), then the state employee or
316	316	contractor of the state who was required to use a preferred name or preferred
317	317	pronoun or who was subjected to an adverse action for refusing to use a
318	318	preferred name or preferred pronoun has a private cause of action against the
319	319	state for injunctive relief, monetary damages, and any other relief available under
320	320	law. The state employee or contractor of the state is also entitled to recover
321	321	reasonable costs and attorney fees. A state employee or contractor of the state
322	322
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325	325
326	326	has two (2) years from the date of a violation of subdivision (b)(1) or (b)(3) to file
327	327	an action.
328	328	(2) If the state or a state employee or contractor of the state violates
329	329	subsection (d), then the state employee, contractor of the state, or person with
330	330	whom the state employee or contractor was communicating who was subject to
331	331	an adverse action for refusing to provide their preferred pronouns has a private
332	332	cause of action against the state for injunctive relief, monetary damages, and any
333	333	other relief available under law. The state employee, contractor of the state, or
334	334	person with whom the state employee or contractor was communicating is also
335	335	entitled to recover reasonable costs and attorney fees. A state employee,
336	336	contractor of the state, or person with whom the state employee or contractor
337	337	was communicating has two (2) years from the date of the violation to file an
338	338	action.
339	339	SECTION 4. If any provision of this act or its application to any person or circumstance
340	340	is held invalid, then the invalidity does not affect other provisions or applications of the act that
341	341	can be given effect without the invalid provision or application, and to that end, the provisions of
342	342	this act are severable.
343	343	SECTION 5. This act takes effect upon becoming a law, the public welfare requiring it.