Members of the Tennessee General Assembly are filing bills and anti-LGBTQ legislation is already showing up for the 2024 session. This list will be updated and revised periodically. It will also include positive legislation.

New Discriminatory Legislation for the 2024 Session

SB1722/HB1605 by Sen. Hensley and Rep. Bulso. The official summary notes, "As introduced, prohibits LEAs and public charter schools from displaying in public schools flags other than the official United States flag and the official Tennessee state flag." This bill would have an impact on the flying of Pride and Black Lives Matter flags at school and many other flags as well. See our policy brief on the bill here. FAILED.

SB1858/HB1632 by Sen. Haile and Rep. Bulso. As introduced, gives a parent of a child who attends, or who is eligible to attend, a school operated by a local education agency or a public charter school standing to file a civil action against the LEA or public charter school in a chancery court of competent jurisdiction to enforce the Age-Appropriate Materials Act of 2022. FAILED.

SB2766/HB1634 by Sen. Bowling and Rep. Bulso. As introduced, revises language prohibiting educators from discriminating against students on certain, specified bases such as sexual orientation to generally prohibiting educators from discriminating against students who are members of a protected class under federal or state law; removes the definition of "gender identity" for purposes of the family life curriculum. Note: The sponsor was originally Rep. Ragan. PASSED.

SB2351/HB1660 by Sen. Hensley and Rep. Ragan. As introduced, prohibits certain institutions of higher education from defining discriminatory practices in their antidiscrimination policies in a manner inconsistent with the definition of discriminatory practices in state law; prohibits certain institutions of higher education from establishing or recognizing forms of discrimination in their antidiscrimination policies in a manner inconsistent with the forms of discrimination recognized as legally actionable by this state; requires the Tennessee higher education commission to establish a process for persons to file a complaint alleging that an institution is not complying with such prohibitions. FAILED.

SB2173/HB1661 by Sen. Hensley and Rep. Ragan. As introduced, enacts the "Restricted Access by Minors to Obscene Library Materials Act." FAILED.

SB1738/HB2169 by Sen. Rose and Rep. Littleton. As introduced, enacts the "Tennessee Foster and Adoptive Parent Protection Act," which prohibits the department of children's services from requiring an adoptive or foster parent to support a policy on sexual orientation or gender identity that conflicts with the parent's sincerely held religious or moral beliefs. PASSED.

SB1810/HB2165 by Sen. Rose and Rep. Littleton. As introduced, requires a request made by a student to an employee of the student's LEA or public charter school for an accommodation to affirm the student's gender identity to be reported to a school administrator and to the student's parent; prohibits an employee of an LEA or public charter school from knowingly providing false or misleading information to a student's parent regarding the student's gender identity or intention to transition to a gender that differs from the student's sex at the time of birth; authorizes civil actions to be filed by parents and by the attorney general and reporter against a noncompliant LEA or public charter school. PASSED.

SB2350/HB1948 by Sen. Hensley and Rep. Ragan. As introduced, establishes various prohibitions and requirements for public institutions of higher education regarding diversity, equity, and inclusion. FAILED.

SB2781/HB1949 by Sen. Bowling and Rep. Ragan. As introduced, expands the offense of observation without consent to include a person or entity that adopts rules or enforces a policy or other work-related guidance for employees or contractors to promote or assist in the commission of observation without consent in a place where there is a reasonable expectation of privacy, including a restroom, locker room, dressing room, or shower, designated for multi-person, single-sex use; creates a civil action for invasion of privacy based on a violation of observation without consent. FAILED.

SB2780/HB1995 by Sen. Bowling and Rep. Ragan. As introduced, requires the department to create a separate marriage license application form and marriage license form that may be used by applicants if the bride is a female and the groom is a male; prohibits a county clerk from certifying and recording this marriage license form if the form was used to solemnize a marriage between persons other than a female bride and a male groom. FAILED.

SB1873/HB1913 by Sen. Hensley and Rep. Bulso. As introduced, enacts the "Tennessee Parents' Bill of Rights." FAILED.

HB1991 by Rep. Leatherwood. As introduced, establishes a complaint, hearing, and removal process for clubs and organizations available to students attending a public school.  We are concerned about the implications for GSAs. Note: The bill has been withdrawn. FAILED.

SB2107/HB2457 by Sen. Pody and Rep. Lynn. As introduced, requires the removal of sexually explicit material from the libraries of public schools; creates a process for evaluating library materials for sexually explicit material in public schools. FAILED.

SB2782/HB2310 by Sen. Bowling and Rep. Richey. As introduced, creates a civil cause of action against any person who knowingly removes a minor from this state without the consent of a parent of the minor for the purpose of assisting the minor in obtaining a healthcare procedure that is for the purpose of enabling the minor to identify with, or live as, a purported identity inconsistent with the minor's sex or treating purported discomfort or distress from a discordance between the minor's sex and asserted identity. PASSED.

SB2396/HB2816 by Sen. Briggs and Rep. Faison. As introduced, requires gender clinics accepting funds from this state to perform gender transition procedures to also perform detransition procedures; requires insurance entities providing coverage of gender transition procedures to also cover detransition procedures; requires certain gender clinics and insurance entities to report information regarding detransition procedures to the department of health. FAILED.

SB2503/HB2610 by Sen. Stevens and Rep. Garrett. As introduced, terminates the human rights commission with no wind-down period; creates the human rights division in the office of attorney general; transfers the commission's functions to the new division.PASSED.

SB2501/HB2784 by Sen. Hensley and Rep. Cepicky. As introduced, establishes deadlines for public institutions of higher education to initiate and complete an investigation into a report filed by a student or employee alleging they have been penalized, discriminated against, or received adverse treatment due to their refusal to support or otherwise assent to a divisive concept, specific ideology, or political viewpoint; establishes financial penalties for institutions that fail to timely investigate such reports or fail to timely report the results of such investigations to the comptroller of the treasury; requires the comptroller to report institutions that frequently submit reports of such investigations to the education committees of the senate and house of representatives. PASSED.

SB2749/HB2936 by Sen. Haile and Rep. Faison. As introduced, enacts the “Families’ Rights and Responsibilities Act." PASSED.

SB2861/HB2619 by Sen. Roberts and Rep. Ragan. As introduced, permits the department to file its annual report regarding the effectiveness of diversion of offenders from state correctional institutions electronically.  As amended, the bill prevents the state from paying for gender-affirming care for incarcerated persons. PASSED.

New Legislation monitored for discriminatory possibilities or implications

SB1792/HB1614 by Sen. Massey and Rep. Hazlewood. As introduced, enacts the "Protect Tennessee Minors Act"; requires an individual or commercial entity that publishes or distributes in this state a website that contains a substantial portion of material harmful to minors perform reasonable age-verification methods to verify the age of individuals attempting to access the material; specifies that a violation of age-verification or data retention requirements is a Class C felony.  We are watching the bill to see how material harmful to minors is defined. We have concerns that it could include all LGBTQ content or be amended to include all LGBTQ content. PASSED.

SB1643 by Sen. Pody. As introduced, requires commercial entities that publish or distribute material on an internet website, more than one-third of which is sexual material harmful to minors, to verify that an individual attempting to access the material is 18 years of age or older; prohibits a commercial entity or a third party that performs the age verification from retaining any identifying information of the individual. We are watching the bill to see how material harmful to minors is defined with concerns similar to those related to HB1614. No House sponsor. FAILED.

SB2097/HB1891 by Sen. Johnson and Rep. Lamberth. As introduced, creates the "Protecting Children from Social Media Act." PASSED.

SB2042/HB2160 by Sen. Rose and Rep. Barrett. As introduced, requires a commercial entity that knowingly publishes or distributes on the internet material harmful to minors to provide internet or cellular service subscribers the opportunity to request that the commercial entity block website access through the subscriber's internet or cellular service subscription. FAILED.

SB2767/HB2435 by Sen. Bowling/Rep. Bulso. As introduced, requires the commissioner of education to annually transmit, no later than October 1 of each year, filings submitted to the commissioner by a local board of education regarding any action or inaction taken by the board in response to an investigation conducted by the director of schools in response to a complaint filed by a parent or legal guardian of a student who received instruction in family life that the parent or legal guardian believes to violate the requirements for such instruction to the chairs of the education committees of the senate and house of representatives. PASSED.

Bills from the 2023 Session

SB596/HB878 by Sen. Pody and Rep. Fritts. As introduced, states that a person is not required to solemnize a marriage if the person has an objection to solemnizing the marriage based on the person's conscience or religious beliefs.PASSED.

SB1339/HB1215 by Sen. Johnson and Speaker Sexton. As introduced, prohibits any managed care organization that contracts with the bureau of TennCare to provide medical assistance from providing reimbursement or coverage for a medical procedure if the performance or administration of the procedure is for the purpose of enabling a person to identify with, or live as, a purported identity inconsistent with the person's sex, or treating purported discomfort or distress from a discordance between a person's sex and asserted identity. FAILED.

SB1110/HB1386 by Sen. Bowling and Rep. Ragan. As introduced, enacts the "Marital Contract at Common Law Recording Act"; authorizes county clerks to accept and record a record of common law marriage between one man and one woman; limits the jurisdiction of circuit courts and chancery courts in cases involving the definition of common law marriage to the principles of common law marriage. FAILED.

SB620/HB1414 by Sen. Pody and Rep. Todd. As introduced, enacts the "Families' Rights and Responsibilities Act", which declares that the ability of a parent to direct the upbringing, education, health care, and mental health of that parent’s child is a fundamental right. Note the language on gender identity in the bill. FAILED.

SB1469/HB1447 by Sen. Johnson and Rep. Faison. As introduced, clarifies that prescribing hormone treatment for minors is not a standard medical practice when the treatment is for the purpose of enabling a minor to identify with, or live as, a purported identity inconsistent with the minor’s sex or treating purported discomfort or distress from a discordance between a minor's sex and asserted identity. FAILED.

SB918/HB1319 by Senator Rose and Rep. Kumar. This is a caption bill with an amendment that would have the effect of restricting the display of flags such as Pride flags and Black Lives Matter flags on public buildings. FAILED.

SB138/HB761 by Sen. Hensley and Rep. Eldridge. This bill regulates phones and tablets sold in Tennessee and filtering of material deemed harmful to minors. It appears to be dealing with pornography, but it could be used to filter LGBTQ content. FAILED.

SB603/HB571 by Sen. Hensley and Rep. Carringer. As introduced, prohibits public institutions of higher education offering certain medical and health-related degree or certificate programs, and state contractors, from requiring diversity, equity, and inclusion training and education for purposes of the issuance of a degree, or the approval of a state contract or grant, as applicable. Note: It is not clear the extent to which the practice is occurring with respect to sexual orientation and gender identity in Tennessee. FAILED.

How to Prepare for the Legislative Session:

Save the Date: February 13 is Advancing Equality Day on the Hill.

If you would like to be involved in the Balcony Brigade, contact TEP Nashville Co-Chair Brian Sullivan at [email protected] .

Once the legislative session starts in January, watch for weekly campaigns on key bills @tnequality on X/Twitter, Threads, and Instagram.

Attend First Watch of the Balcony Brigade on January 9 at the Capitol. RSVP at the link.

Attend Pride Flag Day at the Capitol on January 22. RSVP at the link.

Attend GLAAD's "Telling Your Story" training in Nashville on February 3. RSVP at the link.

Use this easy form to email your two legislators and urge them to focus on Tennessee's priorities, not LGBTQ attacks.