Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0468 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	HOUSE BILL 571
3		-	By Bulso
	2	+	<BillNo> <Sponsor>
4	3
5	4		SENATE BILL 468
6	5		By Bowling
7	6
8	7
9	8		SB0468
10	9		001005
11	10		- 1 -
12	11
13	12		AN ACT to amend Tennessee Code Annotated, Title 4;
14	13		Title 37; Title 41; Title 49 and Title 68, relative to
15	14		public safety.
16	15
17	16		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	17		SECTION 1. Tennessee Code Annotated, Title 68, is amended by adding the following
19	18		as a new chapter:
20	19		68-107-101. Short title.
21	20		This act is known and may be cited as the "Women's Safety and Protection Act."
22	21		68-107-102. Purpose.
23	22		The purpose of this chapter is:
24	23		(1) To clarify and reconcile the meaning of sex, male, female, and related
25	24		terms in state law; and
26	25		(2) To provide protections for women and girls against sexual assault,
27	26		harassment, and violence in correctional facilities, juvenile detention facilities,
28	27		domestic violence shelters, dormitories, and restrooms, or where women have
29	28		been traditionally afforded safety and protection from acts of abuse committed by
30	29		biological men.
31	30		68-107-103. Findings.
32	31		The legislature finds and declares that:
33	32		(1) "Physical differences between men and women, however, are
34	33		enduring: '[T]he two sexes are not fungible; a community made up exclusively of
35	34		one [sex] is different from a community composed of both.'" United States v.
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40	39		Virginia, 518 U.S. 515, 533 (1996), citing Ballard v. United States, 329 U.S. 187,
41	40		193 (1946);
42	41		(2) The United States Supreme Court has recognized that there are
43	42		"'[i]nherent differences' between men and women", and that these differences
44	43		"remain cause for celebration, but not for denigration of the members of either
45	44		sex or for artificial constraints on an individual's opportunity" in United States v.
46	45		Virginia, 518 U.S. 515, 533 (1996);
47	46		(3) The equal protection clause of the Fourteenth Amendment of the
48	47		Constitution of the United States of America allows for legislatures to enact
49	48		facially neutral laws of general applicability, such as biologically based definitions
50	49		of sex;
51	50		(4) Biologically based definitions of sex have been consistently applied
52	51		since our nation's founding; and
53	52		(5) Decades of opinions from the supreme court of the United States
54	53		have upheld the argument that biological distinctions between male and female
55	54		are a matter of scientific fact, and biological sex is an objectively defined
56	55		category that has obvious, immutable, and distinguishable characteristics.
57	56		68-107-104. Chapter definitions.
58	57		As used in this chapter:
59	58		(1) "Boy" means a human male who is a minor;
60	59		(2) "Changing room" means a room or area in which a person may be in
61	60		a state of undress in the presence of others, including a locker room or shower
62	61		room;
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67	66		(3) "Correctional facility" means a correctional facility owned and
68	67		operated by the state or the housing of prisoners committed to the custody of the
69	68		department of correction;
70	69		(4) "Domestic violence shelter" means a community-based shelter for
71	70		victims of domestic violence;
72	71		(5) "Father" means a parent who is of the male sex;
73	72		(6) "Female" means an individual whose biological reproductive system
74	73		is developed to produce ova; who has, had, will have, or would have, but for a
75	74		developmental or genetic anomaly or historical accident, the reproductive system
76	75		that at some point produces, transports, and utilizes eggs for fertilization;
77	76		(7) "Girl" means a human female who is a minor;
78	77		(8) "Juvenile detention facility" means a facility that is formally recognized
79	78		as a juvenile detention facility by the state agency responsible for monitoring,
80	79		review, or certification of juvenile detention facilities that house juvenile
81	80		offenders;
82	81		(9) "Male" means an individual whose biological reproductive system is
83	82		developed to fertilize the ova of a female who has, had, will have, or would have,
84	83		but for a developmental or genetic anomaly or historical accident, the
85	84		reproductive system that at some point produces, transports, and utilizes sperm
86	85		for fertilization;
87	86		(10) "Man" means a human male who has reached the age of majority;
88	87		(11) "Mother" means a parent who is a member of the female sex;
89	88		(12) "Public school" means a school that is created pursuant to § 49-1-
90	89		101;
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95	94		(13) "Restroom" means a room that includes one (1) or more toilets or
96	95		urinals;
97	96		(14) "Sex":
98	97		(A) Means an individual's biological sex, either male or female, as
99	98		observed or clinically verified at birth; and
100	99		(B) Does not include gender identity and other subjective terms,
101	100		which do not apply to this chapter and must not be used as synonyms or
102	101		substitutes for sex;
103	102		(15) "Sleeping quarters" means a room with more than one (1) bed and
104	103		in which more than one (1) individual is housed overnight; and
105	104		(16) "Woman" means a human female who has reached the age of
106	105		majority.
107	106		68-107-105. Application of definitions — Distinctions between the sexes.
108	107		Notwithstanding another law to the contrary, any law enacted by the legislature,
109	108		or any rule adopted by a state agency or other entity subject to the Uniform
110	109		Administrative Procedures Act, compiled in title 4, chapter 5, when applicable to an
111	110		individual's sex must be interpreted using the definitions provided in this chapter.
112	111		68-107-106. Safety and privacy of women and girls in facilities designated for
113	112		biological females.
114	113		Notwithstanding another law to the contrary, a governmental agency shall not
115	114		prohibit distinctions between the sexes with respect to athletics, correctional facilities,
116	115		juvenile detention facilities, domestic violence shelters, or other accommodations where
117	116		biology, safety, or privacy is implied and that result in separate accommodations that are
118	117		substantially related to the important government interest of protecting the health, safety,
119	118		and privacy of individuals in such circumstances. This chapter does not prohibit a
120	119
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124	123		domestic violence shelter, public school, correctional facility, or juvenile detention facility
125	124		from:
126	125		(1) Establishing single-occupancy restrooms, changing rooms, or
127	126		sleeping quarters that are not designated by sex; or
128	127		(2) Redesignating a multi-occupancy restroom or sleeping quarters for
129	128		the exclusive use of another group authorized under this chapter as needed.
130	129		68-107-107. Safety and privacy in domestic violence shelters.
131	130		(a) A domestic violence shelter shall designate each multi-occupancy restroom,
132	131		changing room, and sleeping quarters for the exclusive use of any one (1) of the
133	132		following:
134	133		(1) Females;
135	134		(2) Males; or
136	135		(3) Members of the same family.
137	136		(b) A restroom, changing room, or sleeping quarters within a domestic violence
138	137		shelter that is designated for females or males must be used only by members of that
139	138		sex. An individual shall not enter a restroom, changing room, or sleeping quarters that is
140	139		designated for females or males unless the individual is a member of that sex.
141	140		(c) The domestic violence shelter shall take reasonable steps to provide
142	141		individuals with privacy in restrooms, changing rooms, and sleeping quarters from
143	142		members of the opposite sex.
144	143		(d) This section does not apply to an individual who enters a restroom, changing
145	144		room, or sleeping quarters designated for the opposite sex in the following
146	145		circumstances:
147	146		(1) To perform custodial services or maintenance of a restroom,
148	147		changing room, or sleeping quarters that is normally used by the opposite sex;
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153	152		(2) To render medical assistance;
154	153		(3) To render assistance by law enforcement; or
155	154		(4) To provide services or render aid during a natural disaster, a declared
156	155		emergency, or when necessary to prevent a serious threat to good order or
157	156		safety.
158	157		(e) This section does not prohibit a domestic violence shelter from adopting
159	158		policies necessary to accommodate persons protected under the federal Americans with
160	159		Disabilities Act (42 U.S.C. § 12101 et seq.) or young children in need of physical
161	160		assistance when using restrooms, changing facilities, or sleeping quarters.
162	161		68-107-108. Safety and privacy in restrooms of public schools.
163	162		(a) A public school shall designate each multi-occupancy restroom or changing
164	163		room for the exclusive use of either females, males, or members of the same family.
165	164		(b)
166	165		(1) A restroom or changing room within a public school that is designated
167	166		for males or females must be used only by members of that same sex. An
168	167		individual shall not enter a restroom or changing room that is designated for one
169	168		(1) sex unless the individual is a member of that sex.
170	169		(2) The public school shall take reasonable steps to provide individuals
171	170		with privacy in restrooms and changing rooms from members of the opposite
172	171		sex.
173	172		(c) During a public school-authorized activity or event where students share
174	173		sleeping quarters, a student shall not share sleeping quarters with a member of the
175	174		opposite sex, unless such persons are members of the same family, such as a parent,
176	175		legal guardian, sibling, or grandparent, and the student has received approval from the
177	176		parent or legal guardian to do so.
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182	181		(d) In any other public school facility or setting where a person may be in a state
183	182		of undress in the presence of others, school personnel shall provide separate, private
184	183		areas designated for use by persons based on the person's sex, and a person shall not
185	184		enter these private areas unless the person is a member of the designated sex.
186	185		(e) This section does not apply to an individual who enters a restroom, changing
187	186		room, or sleeping quarters designated for the opposite sex in the following
188	187		circumstances:
189	188		(1) To perform custodial services or maintenance of a restroom,
190	189		changing room, or sleeping quarters that is normally used by the opposite sex;
191	190		(2) To render medical assistance;
192	191		(3) To render assistance by law enforcement; or
193	192		(4) To provide services or render aid during a natural disaster, a declared
194	193		emergency, or when necessary to prevent a serious threat to good order or
195	194		safety.
196	195		(f) This section does not prohibit a public school from adopting policies
197	196		necessary to accommodate persons protected under the federal Americans with
198	197		Disabilities Act (42 U.S.C. § 12101 et seq.); title 49, chapter 2, part 8; or adoption of
199	198		policies necessary to accommodate young children in need of physical assistance when
200	199		using restrooms, changing facilities, or sleeping quarters.
201	200		68-107-109. Safety and privacy in correctional facilities and juvenile detention
202	201		facilities.
203	202		(a) A correctional facility or juvenile detention facility shall designate each multi-
204	203		occupancy restroom, changing room, and sleeping quarters for the exclusive use of
205	204		either females, males, or members of the same family.
206	205		(b)
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211	210		(1) A restroom, changing room, or sleeping quarters within a correctional
212	211		facility or juvenile detention facility that is designated for females or males must
213	212		be used only by members of that sex. An individual shall not enter a restroom,
214	213		changing room, or sleeping quarters that is designated for females or males
215	214		unless the individual is a member of that sex.
216	215		(2) A correctional facility or juvenile detention facility shall take
217	216		reasonable steps to provide individuals with privacy in restrooms, changing
218	217		rooms, and sleeping quarters from members of the opposite sex.
219	218		(c) This section does not apply to an individual who enters a restroom, changing
220	219		room, or sleeping quarters designated for the opposite sex in the following
221	220		circumstances:
222	221		(1) To perform custodial services or maintenance of a restroom,
223	222		changing room, or sleeping quarters that is normally used by the opposite sex;
224	223		(2) To render medical assistance;
225	224		(3) To render assistance by law enforcement; or
226	225		(4) To provide services or render aid during a natural disaster, a declared
227	226		emergency, or when necessary to prevent a serious threat to good order or
228	227		safety.
229	228		(d) This section does not prohibit a correctional facility or juvenile detention
230	229		facility from adopting policies necessary to accommodate persons protected under the
231	230		federal Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) or young children in
232	231		need of physical assistance when using restrooms, changing facilities, or sleeping
233	232		quarters.
234	233		68-107-110. Standard of review.
235	234
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239	238		A law that distinguishes between the sexes in furtherance of this chapter is
240	239		subject to intermediate scrutiny, which forbids discrimination against similarly situated
241	240		individuals, but allows the law to distinguish between the sexes when there is an
242	241		important governmental interest.
243	242		68-107-111. Remedies, rebuttable presumption, cause of action.
244	243		(a) An individual who suffers, or is likely to suffer, from direct or indirect harm as
245	244		a result of a violation of this chapter may assert that violation as a cause of action for
246	245		remedies provided for in subsection (e).
247	246		(b) A person who contracts with an agency of government to provide services for
248	247		biological females at a domestic violence shelter, juvenile detention facility, correctional
249	248		facility, or public school that is operated at the direction of, and receives funding from,
250	249		the state, a local government, or a political subdivision has a cause of action against the
251	250		agency of the public servant who directed the contractor to violate this chapter.
252	251		(c) A person who is subjected to retaliation or other adverse action by asserting
253	252		rights that are affirmed by this chapter has a cause of action for remedies provided for in
254	253		subsection (e).
255	254		(d) It is a rebuttable presumption that requiring an individual to be housed with
256	255		members of the opposite sex at a domestic violence shelter, juvenile detention facility,
257	256		correctional facility, or public school that is subject to this chapter is inherently
258	257		discriminatory and is a cognizable harm to biological women under this chapter.
259	258		(e) A person who brings a cause of action pursuant to this chapter may obtain
260	259		appropriate relief, including, but not limited to:
261	260		(1) Injunctive relief, a protective order, a writ of mandamus or a
262	261		prohibition, or declaratory relief to prevent a violation of this chapter; or
263	262		(2) Actual damages, reasonable attorney fees, and costs.
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268	267		(f) The court may waive the requirement that the petitioner post bond for good
269	268		cause shown.
270	269		(g) A civil action under this chapter must be initiated within two (2) years from
271	270		the date that the harm occurred.
272	271		SECTION 2. If any provision of this act, or its application to any person or circumstance
273	272		is held invalid, then the invalidity does not affect other provisions or applications of this act that
274	273		can be given effect without the invalid provision or application, and to that end, the provisions of
275	274		this act are severable.
276	275		SECTION 3. The headings in this act are for reference purposes only and do not
277	276		constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
278	277		requested to include the headings in any compilation or publication containing this act.
279	278		SECTION 4. This act takes effect July 1, 2025, the public welfare requiring it.