TEP Legislative Watch 2022

2022 may set a record for the number of discriminatory bills affecting Tennessee's LGBTQ community. There are also some positive bills to track this year. For questions, additions, or corrections, contact us at [email protected] . This list is a first draft; bills may be added or removed as the legislative session continues.

Note: The language used to describe each bill comes from the General Assembly's legislative summary.

Bills from 2021 that could move in the 2022 session

SB562/HB233 by Sen. Bowling and Rep. Leatherwood

As introduced, deletes statutes on marriage licensing and ceremonies; 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. Deferred to summer study.

SB193/HB372 by Sen. Bowling and Rep. Casada

As introduced, prohibits a government entity from requiring an employee of the entity to attend or participate in a training, seminar, or continuing education which the employee objects to on the basis of the person's morals, ethics, values, or religious beliefs. Taken off notice on March 17, 2021.

SB657/HB578 by Sen. Bowling and Rep. Ragan

As introduced, prohibits the provision of sexual identity change therapy to prepubescent minors; prohibits the provision of sexual identity change therapy to minors who have entered puberty unless a parent or guardian has written recommendations for the therapy from at least three physicians; punishes violations as child abuse; designates violations by healthcare professionals as professional misconduct.  Deferred to Special Calendar to be Published with Final Calendar in Health Committee.

SB1216/HB800 by Sen. Niceley and Rep. Griffey

As introduced, prohibits the state textbook and instructional materials quality commission from recommending or listing, the state board of education from approving for local adoption or from granting a waiver for, and LEAs and public charter schools from adopting or using textbooks and instructional materials or supplemental instructional materials that promote, normalize, support, or address lesbian, gay, bi-sexual, or transgender issues or lifestyles. Assigned to Senate General Subcommittee on March 23, 2022.

SB1238/HB1177 by Sen. Pody and Rep. J. Sexton

As introduced, specifies, for the offense of observation without consent, that a person has a reasonable expectation of privacy from members of the opposite sex in a single-sex multi-person use bathroom, locker room, dressing room or shower; defines a person's sex as the sex listed on the person's birth certificate and makes other related changes. Has not moved in 2022.

SB659/HB1535 by Sen. Bowling and Rep. Weaver

As introduced, prohibits teachers from using supplemental materials that are not approved by the state board. Failed in Senate Education Committee on February 23, 2022.

New constructive bills in the 2022 session

SB2066/HB2257 by Sen. Campbell and Rep. Harris

As introduced, authorizes an applicant who files a petition for a name change and who reasonably believes that publication of the petition would result in harassment, embarrassment, or abuse of the applicant to file the petition under seal and use a pseudonym for publication purposes. Failed in Senate Judiciary Committee on March 22, 2022.

SB2603/HB2691 by Sen. Campbell and Rep. G. Johnson

As introduced, allows amendments of birth certificates to reflect the individual's gender identity. Failed in House Health Subcommittee on March 22, 2022.

New bills in the 2022 session that are directly discriminatory or could have discriminatory implications

SB2696/HB2835 by Sen. Bowling and Rep. Ragan

As introduced, enacts the “Youth Health Protection Act.” Assigned to Senate General Subcommittee on March 9, 2022.

HB1758 by Rep. Ragan

As introduced, prohibits healthcare providers from providing medical treatment to minors without parental consent; provides exceptions for minors seeking treatment under certain conditions. WITHDRAWN

SB1861/HB1895 by Sen. Hensley and Rep. Ragan

As introduced, requires the commissioner of education to withhold a portion of the state education finance funds that an LEA is otherwise eligible to receive if the LEA fails or refuses to determine a student's gender, for purposes of participation in school sports, by the student's sex at the time of birth; exempts an LEA that fails or refuses to determine a student's gender, for purposes of participation in school sports, by the student's sex at the time of birth if the LEA's failure or refusal to do so is required by a court or other legally binding order. Signed into law by the Governor.

SB2153/HB2316 by Sen. Hensley and Rep. Ragan

As introduced, prohibits males from participating in public higher education sports that are designated for females; creates a cause of action for violations that deprive a student of an athletic opportunity or that cause direct or indirect harm to a student at the middle school, high school, or postsecondary level. Passed by both House and Senate, heading to the Governor for his action.

SB1862/HB1894 by Sen. Hensley and Rep. Ragan

As introduced, prohibits males from participating in public higher education sports that are designated for females; creates a cause of action for violations that deprive a student of an athletic opportunity or that cause direct or indirect harm to a student at the middle school, high school, or postsecondary level. WITHDRAWN

SB2777/HB2633 by Sen. Bell and Rep. Cochran

As introduced, specifies that a teacher or other employee of a public school or LEA is not required to refer to a student using the student's preferred pronoun if the pronoun does not align with the student's biological sex; insulates a teacher or other employee of a public school or LEA from civil liability and adverse employment action for referring to a student using the pronoun aligned with the student's biological sex instead of the student's preferred pronoun. Passed House on April 25, 2022, on notice in Senate Finance on April 26.

SB2006/HB1723 by Sen. Bell and Rep. Casada

As introduced, requires an LEA's policy on the inspection of school instructional materials by parents and legal guardians of students enrolled in the LEA to allow a student's parent or legal guardian to check out from the student's school one set of the instructional materials used in the student's classroom for a period of no less than 48 hours to allow the parent or legal guardian time to inspect the materials. Assigned to Senate General Subcommittee on March 23, 2022.

SJR862 by Sen. Bowling 

Constitutional Amendments - Proposes an amendment to Article I of the Constitution of Tennessee to protect fundamental parental rights. No action since January 2022.

SB1944/HB1944 by Sen. Hensley and Rep. Cepicky

As introduced, excludes local education agencies, public schools, and employees and private contractors of LEAs or public schools from the exception to certain obscenity offenses if the LEA, public school, employee, or private contractor possesses obscene material that is harmful to minors on public school premises; prohibits an LEA or public school from making obscene materials or materials harmful to minors available to students in the school libraries controlled by the LEA or public school. Deferred to summer study on April 6, 2022.

SB2407/HB2154 by Sen. Johnson and Rep. Lamberth

As introduced, enacts the "Age-Appropriate Materials Act of 2022"; requires each public school to maintain, and post on the school's website, a list of the materials in the school's library collection; requires each local board of education and public charter school governing body to adopt a policy to establish procedures for the development and review of school library collections. Signed by the Governor.

SB2360/HB2451 by Sen. Bowling and Rep. Weaver

As introduced, enacts the "Parent Bill of Rights Act," which requires LEAs to permit parents to have access to certain information, including the names of instructors, titles available in the school library, teacher manuals, and curriculum; requires parents to provide written consent before a student can participate in any extracurricular activity, family life lesson, field trip, school assembly, or guest speaker event; prohibits certain healthcare practitioners from providing medical treatment to a minor without parental consent or an appropriate court order. Assigned to Senate General Subcommittee on March 23, 2022.

SB2292/HB2454 by Sen. Bell and Rep. Weaver

As introduced, redefines "obscene" to include material that has educational value; makes various changes to the internet acceptable use policy LEAs are required to adopt; requires providers of digital and online resources to ensure that users cannot access certain obscene material; requires a local board of education to establish a mechanism for parents, legal guardians, or students to report failures of the technology selected by the LEA to filter, block, or otherwise prevent access to pornography or obscenity through online resources and to submit an annual report to the state board of education regarding same. Transmitted to the Governor for his action on April 26, 2022.

SB2283/HB2417 by Sen. Bell and Rep. Smith

As introduced, prohibits employees of, and courses of instruction or units of study at, public institutions of higher education from compelling or addressing certain tenets; creates a cause of action and loss of state funding for violations. Taken off notice on February 22, 2022.

SB2290/HB2670 by Sen. Bell and Rep. C. Sexton

As introduced, prohibits a public institution of higher education from taking certain actions with regard to divisive concepts and the ideologies or political viewpoints of students and employees; revises the duties of an institution's employees whose primary duties include diversity; requires each institution to conduct a survey of its students and employees to assess the campus climate with regard to diversity of thought and the respondents' comfort level in speaking freely on campus and to publish the results on the institution's website. Signed by the Governor.

SB2440/HB2569 by Sen. Bell and Rep. Ragan

As introduced, prohibits the state from discriminating against, or granting preferential treatment to, an individual or group based on the individual's or group's race, sex, color, ethnicity, or national origin in the operation of any aspect of public employment, public education, or public contracting. Assigned to General Subcommittee on March 23. 2022.

SB2298/HB2313 by Sen. Pody/Rep. Griffey

As introduced, prohibits a person from requiring an individual, employee, or applicant for employment to complete or participate in training, orientation, or any other instructional or informational program that promotes certain discriminatory concepts. Deferred to summer study on February 23, 2022.

HB2584 by Rep. Leatherwood

As introduced, redefines secondary education from including grades seven through 12 to including grades nine through 12. This bill has no Senate sponsor at this time. We are tracking it because of the effect on GSAs in public schools.

 

 

 

 

 


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