Tennessee Bill Advances to Require Public School Employees to Out Transgender Students

The Tennessee Legislature, dominated by a Republican supermajority, has taken steps to pass a bill that would mandate public school employees to disclose transgender students' identities to their parents. This controversial move would align Tennessee with several other states, including Alabama, Arizona, Arkansas, Idaho, Indiana and North Carolina, where similar laws are already in place. Virginia also provides guidance for school boards in this regard.

The bill received near-final approval from GOP House lawmakers on Monday, bringing it close to enactment. It now awaits another vote in the Senate, which had previously passed a version of it, before proceeding to Gov. Bill Lee's desk for his signature.

As the bill progresses, Democratic lawmakers in Tennessee have voiced strong opposition, accusing their Republican counterparts of targeting and bullying LGBTQ+ children. They argue that rather than supporting vulnerable students, the legislation is further marginalizing them.

During a contentious House floor hearing on Monday, Democratic Rep. Aftyn Behn emphasized the plight of LGBTQ+ youth in the state, stating, “These are the most vulnerable kids in our state who are just trying to make it out of middle school alive. And we are weaponizing their identities instead of actually passing bills that help Tennesseans.”

Supporting Arguments

Conversely, the bill's sponsor, Republican Rep. Mary Littleton, defended the legislation by asserting that parents have a right to be informed about their children's experiences at school, especially if those experiences may necessitate therapy. Littleton stated, “I feel like the parents, they have the right to know what’s happening in the school with their children. And I also think that possibly they could get that child some therapy that could help them solve their problems and make their way through school.”

Under the legislation, school employees would be obligated to relay information about a student to an administrator, who would then be responsible for notifying the parent. This information includes instances where a student seeks to affirm their gender identity, such as by using a different name or pronoun. Notably, the bill also empowers parents or the state's attorney general to take legal action if they believe the school district is not complying with the new law.

This proposed measure is just one of several initiatives targeting the LGBTQ+ community that have been pursued by Tennessee Republicans. Earlier this year, the state passed a law allowing LGBTQ+ foster children to be placed with families holding anti-LGBTQ+ beliefs. Additional proposed measures include criminalizing adults who aid minors in accessing gender-affirming care without parental consent, as well as restrictions on gender-affirming care for minors and transgender athletes.

In the realm of education, the state has already implemented legal protections for teachers who choose not to use a transgender student's preferred pronoun, along with regulations limiting transgender students' access to bathrooms aligned with their gender identity and allowing parents to exempt their children from classroom discussions about gender and sexuality.