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PUBLIC CHAPTER NO. 1052
SENATE BILL NO. 468
By Bowling , Bailey, Crowe, Gardenhire, Hensley, Pody, Southerland, Lowe, White, Stevens
Substituted for: House Bill No. 571
By Bulso, Powers, Keisling, Warner, Reneau, Hulsey, Fritts, Capley, McCalmon, Hill, Butler, Sparks,
Cochran, Barrett, Sherrell, Maberry, Reedy, Todd, Crawford, Faison, Davis, Moody, Bricken, Vital,
Cepicky, Terry, Grills, Howell
AN ACT to amend Tennessee Code Annotated, Title 4; Title 37; Title 41; Title 49 and Title 68,
relative to public safety.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 68, is amended by adding the following as a
new chapter:
68-107-101. Short title.
This act is known and may be cited as the "Riley Gaines Women's Safety and
Protection Act."
68-107-102. Purpose.
The purpose of this chapter is:
(1) To clarify and reconcile the meaning of sex, male, female, and related
terms in state law; and
(2) To provide protections for women and girls against sexual assault,
harassment, and violence in correctional facilities, juvenile detention facilities, public
higher educational institutions, and domestic violence shelters or where women have
been traditionally afforded safety and protection from acts of abuse committed by
men.
68-107-103. Findings.
The legislature finds and declares that:
(1) "Physical differences between men and women, however, are enduring:
'[T]he two sexes are not fungible; a community made up exclusively of one [sex] is
different from a community composed of both."' United States v. Virginia, 518 U.S.
515, 533 (1996), citing Ballard v. United States, 329 U.S. 187, 193 (1946);
(2) The United States supreme court has recognized that there are "'[i]nherent
differences' between men and women", and that these differences "remain cause for
celebration, but not for denigration of the members of either sex or for artificial
constraints on an individual's opportunity" in United States v. Virginia, 518 U.S. 515,
533 (1996);
(3) The equal protection clause of the Fourteenth Amendment of the
Constitution of the United States of America allows for legislatures to enact facially
neutral laws of general applicability, such as biologically based definitions of sex;
(4) Biologically based definitions of sex have been consistently applied since
our nation's founding; and
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(5) Decades of opinions from the supreme court of the United States have
upheld the argument that biological distinctions between male and female are a
matter of scientific fact, and sex is an objectively defined category that has obvious,
immutable, and distinguishable characteristics.
68-107-104. Chapter definitions.
As used in this chapter:
(1) "Boy" means a human male who is a minor;
(2) "Changing room" means a room or area in which a person may be in a
state of undress in the presence of others, including a locker room or shower room;
(3) "Correctional facility" means a correctional facility owned and operated by
the state or the housing of prisoners committed to the custody of the department of
correction;
(4) "Domestic violence shelter" means a community-based shelter for victims
of domestic violence;
(5) "Father" means a parent who is of the male sex;
(6) "Female" means an individual who naturally has, had, will have, or would
have, but for a developmental or genetic anomaly or historical accident, the
reproductive system that at some point produces, transports, and utilizes eggs for
fertilization;
(7) "Girl" means a human female who is a minor;
(8) "Juvenile detention facility" means a facility that is formally recognized as a
juvenile detention facility by the state agency responsible for the monitoring, review,
or certification of juvenile detention facilities that house juvenile offenders;
(9) "Male" means an individual who naturally has, had, will have, or would
have, but for a developmental or genetic anomaly or historical accident, the
reproductive system that at some point produces, transports, and utilizes sperm for
fertilization;
(10) "Man" means a human male who has reached the age of majority;
(11) "Mother" means a parent who is a member of the female sex;
(12) "Public institution of higher education" means the college system of
Tennessee and state universities as defined in§ 49-7-166;
(13) "Restroom" means a room that includes one (1) or more toilets or urinals;
(14) "Sex":
(A) Means an individual's immutable biological sex, either male or
female, as determined by anatomy and genetics existing at the time of birth;
and
(B) Does not include gender identity and other subjective terms, which
do not apply to this chapter and must not be used as synonyms or substitutes
for sex;
(15) "Sleeping quarters" means a room with a bed and in which more than one
(1) individual is housed overnight; and
(16) "Woman" means a human female who has reached the age of majority.
68-107-105. Application of definitions - Distinctions between the sexes.
Notwithstanding another law to the contrary, any law enacted by the legislature, or
any rule adopted by a state agency or other entity subject to the Uniform Administrative
Procedures Act, compiled in title 4, chapter 5, when applicable to an individual's sex must be
interpreted using the definitions provided in this chapter.
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68-107-106. Safety and privacy of women and girls in facilities designated for females.
(a) Notwithstanding another law to the contrary, a governmental agency, excluding
state residential training facilities, shall not prohibit distinctions between the sexes with
respect to athletics, correctional facilities, juvenile detention facilities, domestic violence
shelters, public institutions of higher education, or other accommodations where biology,
safety, or privacy is implied and that result in separate accommodations that are substantially
related to the important government interest of protecting the health, safety, and privacy of
individuals in such circumstances.
(b) This chapter does not prohibit a domestic violence shelter, public institution of
higher education, correctional facility, or juvenile detention facility from:
(1) Establishing single-occupancy restrooms, char-,ging rooms, or sleeping
quarters that are not designated by sex; or
(2) Redesignating a multi-occupancy restroom or sleeping quarters for the
exclusive use of another sex authorized under this chapter as needed.
68-107-107. Safety and privacy in domestic violence shelters.
(a) A domestic violence shelter shall designate each multi-occupancy restroom,
changing room, and sleeping quarters for the exclusive use of any one (1) of the following:
(1) Females;
(2) Males; or
(3) Members of the same family.
(b) A restroom, changing room, or sleeping quarters within a domestic violence
shelter that is designated for females or males must be used only by members of that sex.
An individual shall not enter a restroom or changing room, or stay overnight in sleeping
quarters, that is designated for females or males unless the individual is a member of that
sex.
(c) The domestic violence shelter shall take reasonable steps to provide individuals
with privacy in restrooms, changing rooms, and sleeping quarters from members of the
opposite sex.
(d) This section does not apply to an individual who enters a restroom, changing
room, or sleeping quarters designated for the opposite sex in the following circumstances:
(1) To perform custodial services or maintenance of a restroom, changing
room, or sleeping quarters that is normally used by the opposite sex;
(2) To render medical assistance;
(3) To render assistance by law enforcement; or
(4) To provide services or render aid during a natural disaster, a declared
emergency, or when necessary to prevent a serious threat to good order or safety.
(e) This section does not prohibit a domestic violence shelter from adopting policies
necessary to accommodate persons protected under the federal Americans with Disabilities
Act (42 U.S.C. § 12101 et seq.) or young children or elderly individuals in need of physical
assistance when using restrooms, changing facilities, or sleeping quarters.
68-107-108. Safety and privacy in restrooms of public institutions of higher education.
(a) A public institution of higher education shall designate each multi-occupancy
restroom or changing room for the exclusive use of either females, males, or members of the
same family.
(b)(1) A restroom or changing room within a public institution of higher education that
is designated for males or females must be used only by members of that same sex.
An individual shall not willfully enter a restroom or changing room that is designated
for one (1) sex unless the individual is a member of that sex.
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(2) The public institution of higher education shall take reasonable steps to
provide individuals with privacy in restrooms and changing rooms from members of
the opposite sex.
(c) During a public institution of higher education-authorized activity or event where
students share sleeping quarters, a student shall not be required to share sleeping quarters
with a member of the opposite sex, unless such persons are members of the same family,
such as a parent, legal guardian, sibling, or grandparent, and, if the student is a minor, the
student has received approval from the student's parent or legal guardian to do so.
(d) In any other public institution of higher education facility or setting where a person
may be in a state of undress in the presence of others, school personnel shall provide
separate, private areas designated for use by persons based on the person's sex, and a
person shall not enter these private areas unless the person is a member of the designated
sex.
(e) A public institution of higher education that offers housing for student residents
shall provide students the option to share a room only with persons of the same sex. A
student must not be required to share a room with a person of the opposite sex.
(f) This section does not apply to an individual who enters a restroom, changing
room, or sleeping quarters designated for the opposite sex in the following circumstances:
(1) To perform custodial services or maintenance of a restroom, changing
room, or sleeping quarters that is normally used by the opposite sex;
(2) To render medical assistance;
(3) To render assistance by law enforcement;
(4) To provide services or render aid during a natural disaster, a declared
emergency, or when necessary to prevent a serious threat to good order or safety;
(5) To provide athletic coaching services; or
(6) To provide athletic training services.
(g) This section does not prohibit a public institution of higher education from adopting
policies necessary to accommodate persons protected under the federal Americans with
Disabilities Act (42 U.S.C. § 12101 et seq.); title 49, chapter 2, part 8; or adoption of policies
necessary to accommodate youn:g children or elderly individuals in need of physical
assistance when using restrooms, changing facilities, or sleeping quarters.
(h) This section does not apply to a hotel, as defined in§ 68-14-302, that is owned or
located on the property of a public institution of higher education.
68-107-109. Safety and privacy in correctional facilities and juvenile detention
facilities.
(a) A correctional facility or juvenile detention facility shall designate each multi-
occupancy restroom, changing room, and sleeping quarters for the exclusive use of either
females, males, or members of the same family.
(b)(1) A restroom, changing room, or sleeping quarters within a correctional facility or
juvenile detention facility that is designated for females or males must be used only
by members of that sex. An individual shall not enter a restroom or changing room, or
stay overnight in sleeping quarters, that is designated for females or males unless the
individual is a member of that sex.
(2) A correctional facility or juvenile detention facility shall take reasonable
steps to provide individuals with privacy in restrooms, changing rooms, and sleeping
quarters from members of the opposit_e sex.
(c) This section does not apply to an individual who enters a restroom, changing
room, or sleeping quarters designated for the opposite sex in the following circumstances:
(1) To perform custodial services or maintenance of a restroom, changing
room, or sleeping quarters that is normally used by the opposite sex;
(2) To render medical assistance;
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(3) To render assistance by law enforcement;
(4) To maintain good order and safety by correctional facility or juvenile
detention facility employees; or
(5) To provide services or render aid during a natural disaster, a declared
emergency, or when necessary to prevent a serious threat to good order or safety.
(d) This section does not apply to employees of the correctional facility, employees of
the department of correction, or employees contracted to work at a correctional facility who
enter a restroom, changing room, or sleeping room designated for the opposite sex when the
employee is carrying out responsibilities related to the employee's job.
(e) This section does not apply to employees of the juvenile detention facility or
employees contracted to work at a juvenile detention facility who enter a restroom, changing
room, or sleeping room designated for the opposite sex when the employee is carrying out
responsibilities related to the employee's job.
(f) This section does not prohibit a correctional facility or juvenile detention facility
from adopting policies necessary to accommodate persons protected under the federal
Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) or young children or elderly
individuals in need of physical assistance when using restrooms, changing facilities, or
sleeping quarters.
68-107-110. Standard of review.
A law that distinguishes between the sexes in furtherance of this chapter is subject to
intermediate scrutiny, which forbids discrimination against similarly situated individuals, but
allows the law to distinguish between the sexes when there is an important governmental
interest.
68-107-111. Remedies, rebuttable presumption, cause of action.
(a) An individual who, while accessing a restroom or changing room designated for
use by that individual's sex, encounters a person of the opposite sex in that restroom or
changing room in violation of this chapter has a private cause of action for declaratory and
injunctive relief against the domestic violence shelter, correctional facility, juvenile detention
facility, or public institution of higher education that:
(1) Intentionally allowed a member of the opposite sex to enter the restroom or
changing facility while oth~r persons were present; or
(2) Failed to take reasonable steps to prohibit the person of the opposite sex
from using the restroom or changing room of the opposite sex.
(b) An individual who is required by the domestic violence shelter, correctional facility,
juvenile detention facility, or public institution of higher education to share sleeping quarters
with a person of the opposite sex who is not a member of the individual's family in violation of
this chapter has a private cause of action for declaratory and injunctive relief against the
offending domestic violence shelter, correctional facility, juvenile detention facility, or public
institution of higher education.
(c) A civil action brought pursuant to this section must be initiated within two (2) years
after the violation occurred. An individual aggrieved under this chapter who prevails in court
may recover reasonable attorney fees and costs from the offending domestic violence
shelter, correctional facility, or juvenile detention facility.
SECTION 2. If any provision of this act, or its application to any person or circumstance is
held invalid, then· the invalidity does not affect other provisions or applications of this act that can be
given effect without the invalid provision or application, and to that end, the provisions of this act are
severable.
SECTION 3. The headings in this act are for reference purposes only and do not constitute a
part of the_ law enacted by this act. However, the Tennessee Code Commission is requested to
include the headings in any compilation or publication containing this act.
SECTION 4. This act takes effect July 1, 2026, the public welfare requiring it.
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SENATE BILL NO. 468
PASSED: April 22, 2026
RANDY ]llcNALLY
SPEAKER OF THESENATE
CAMERO"N"SEXTON,SPEAKER
HOUSE OF REPRESENTATIVES
M 9 , nol. 2026
APPROVED this )J., day of
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