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Tennessee schools and employers now face the possibility of civil lawsuits if they mandate or permit the use of preferred pronouns that do not correspond with an individual’s sex assigned at birth or prohibit deadnaming.
Critics said the new law should have been named the Bullying LGBTQ+ Students Act.
Students, teachers, administrators, and other educational professionals in Tennessee are now at risk of being deadnamed and misgendered without recourse after the state’s governor, Republican Bill Lee, signed a controversial bill into law on Friday. Instead, schools and individuals could be sued if they use or direct others to use a person’s preferred name or pronoun under the new law.
House Bill 1270 protects individuals in the education system who misgender or deadname others, and requires schools to use pronouns aligned with a person’s sex assigned at birth and names or derivatives of a person’s legal name. The bill, introduced by Republican state Rep. Mark Cochran, passed the state House by a vote of 77 to 18 on April 16 and was passed by the state Senate by a vote of 27 to 6 on April 21.
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Critics decried the bill, including Democratic state Rep. Justin Pearson, who joined other opponents in saying the bill should be renamed the Bullying LGBTQ+ Students Act, local NBC affiliate WBIR reports.
“With all of the problems that we have as a state, whether that be dealing with poverty, the lack of healthcare access, the rights of women to choose what they do with their bodies, we're getting legislation after legislation that furthers discrimination, othering, and separation,” Pearson said. “It’s despicable and ridiculous that this is how we are using our time and energy, and it isn't helping anybody.”
“Words matter. Respect for anyone includes consistently and respectfully using the name and pronouns that they request. Regardless of legislation, legal limitations, and anticipated litigation, people deserve the respect of others to do something as simple as using their name and pronouns,” Tennessee Equality Project said of the bill on its website. “Affirming youths’ and adults’ transgender or gender nonconforming identity that includes simple social interactions like pronouns and names strongly influences their mental and physical health, well-being, and safety.”
Related: West Virginia denies gender-affirming care to at-risk youth
Alliance Defending Freedom (ADF), a far-right legal advocacy group, hailed the new law.
“No one should lose their job or face punishment at school or work for declining to say something they believe is false. Words and language carry meaning, and when used properly, they communicate truth about the world,” ADF said in a statement. “Forcing individuals to say things that are false – such as inaccurate pronouns – imposes real harm on the speaker. In no world is it acceptable for the government to discipline students or force good educators or other public servants out of a job all for the sake of promoting gender ideology.”
Related: Even Republicans are against Tennessee’s trans health care ban
Tennessee schools and employers now face the possibility of civil lawsuits if they mandate or permit the use of preferred pronouns that do not correspond with an individual’s sex assigned at birth or prohibit deadnaming. While an earlier version of the legislation would have prevented schools from inquiring about a student’s or employee’s preferred name and pronouns, the revised law states that individuals are not obligated to disclose this information if asked.
The new law took effect upon signing.
