A newly enacted Tennessee law prohibits schools from punishing employees and teachers for referring to trans-identified students by their given name and pronouns, as public school staff in other states have faced professional repercussions for declining to use trans-identified students’ preferred names and pronouns.
Tennessee’s Republican Gov. Bill Lee signed House Bill 1270 into law Friday. Lee’s approval of the legislation follows its passage by the Republican-controlled Tennessee House of Representatives in a 77-18 vote and the Republican-controlled Tennessee Senate in a 27-6 vote.
The vote in the Senate fell along party lines, with all support for the measure coming from Republicans and all opposition from Democrats. In the House, three Democrats joined Republicans in supporting the bill.
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The measure declares that students, teachers, employees or contractors who work with public schools are not required to “use the preferred name of a student, teacher, employee, or contractor of a public school” if “the individual’s preferred name is not the individual’s legal name or a derivative thereof.”
The legislation also prohibits public school employees and students from having to “use the preferred pronoun of a student, teacher, employee, or contractor of a public school” if “the individual’s preferred pronoun is not consistent with the individual’s sex.”
The law also clarifies that public school employees and students are not “civilly liable” for failing to use the preferred names and pronouns of trans-identified public school employees and students and prohibits subjecting those who decline to use preferred names and pronouns to “adverse action or disciplinary action.”
Another provision prohibits public school employees from referring to trans-identified students “by a name other than the student’s legal name, or a derivative thereof, or by a pronoun or title that is inconsistent with the student’s sex without first obtaining written consent to do so from the unemancipated minor student’s parent or legal guardian.”
The protections extended to public school employees and students by the measure also extend to those who work or study at public institutions of higher education as well as “state employees and contractors of the state.” The legislation provides a right of action, enabling those alleging violations of the measure to seek relief in court.
The bill’s passage was celebrated by the Christian conservative legal organization Alliance Defending Freedom, which focuses on religious liberty cases.
“No one should lose their job or face punishment at school or work for declining to say something they believe is false,” ADF Senior Counsel Matt Sharp said in a statement.
“Words and language carry meaning, and when used properly, they communicate truth about the world. 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,” he added. “With this legislation, Tennessee is rightfully stepping into the gap to protect freedom of speech and conscience.”
The LGBT advocacy group Tennessee Equality Project opposed the bill, claiming it could leave the state susceptible to “numerous privacy violation claims.”
“Words matter. Respect for anyone includes consistently and respectfully using the name and pronouns that they request,” the group stressed in a statement, according to WBIR. “Regardless of legislation, legal limitations, and anticipated litigations, people deserve the respect of others to do something as simple as using their name and pronouns.”
Educators in other states have faced adverse action for declining to use preferred pronouns of trans-identified students. In 2021, Kansas math teacher Pamela Ricard was suspended because she referred to a trans-identified female student by her given name and used female pronouns to address her.
Ricard is a devout Christian who has “sincere religious beliefs consistent with the traditional Christian and biblical understanding of the human person and biological sex,” according to her lawsuit. Ricard received a $95,000 legal settlement in 2022.
Peter Vlaming, a French teacher in Virginia, was terminated because he did not call a trans-identified female student by her preferred name and pronouns due to his similar beliefs about sexuality and gender. Last year, several years after his termination, Vlaming reached a $575,000 settlement with his former employer and had the termination removed from his record.
Ryan Foley is a reporter for The Christian Post. He can be reached at: ryan.foley@christianpost.com
