- 2023, Education, Social
Teachers are not required to refer to a student's preferred pronoun.
HB 1269 / SB 466
Bill Description
Bill Sponsors
Rep. Mark Cochran
Sen. Paul Rose
Bill Co-Sponsors
House: Faison, Lamberth, Powers, Sherrell, Burkhart, Grills, McCalmon, Capley, Zachary, Reedy, Todd, Martin G, Doggett, Moody, Garrett, Cepicky, Leatherwood, Ragan
Senate: Haile, Crowe, Hensley, Jackson, Pody, Stevens, Taylor, Walley, Bowling
TLRC Statement on Bill
This law in Tennessee will protect a teacher and the Local Education Agency (LEA) from any civil liability or adverse action when teachers or other school district employees refer to a student using a pronoun related to their biological sex. In other words, students do not get to create their own reality and hold others responsible for their version of the truth.
Frankly, it is incredible to be in a place in society where we must address this in the law. But where culture is perverted, the law must insert sanity and truth.
The bill opines on a teacher’s First Amendment right in the classroom. We put forth that this reasoning is somewhat dangerous. This bill addresses the specific issue of compelled speech. To that end, any individual should be protected by the First Amendment from being compelled to speak in such a way that runs contrary to a sincerely held belief.
However, free speech is not a free for all. In a public education setting, the same First Amendment should not protect a teacher’s perceived right to force their sincerely held beliefs onto students. Currently, there is debate in some LEAs regarding a teacher’s right to hang a gay pride flag in their classroom. In this scenario, we do not affirm that the First Amendment is protective of such a right. Therefore, we would caution the General Assembly on its First Amendment assertions.
Compelled speech and free speech are not necessarily interchangeable issues.
