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State efJetYtMsee
PUBLIC CHAPTER NO. 453
SENATE BILL NO. 937
By Rose, Bowling, Hensley, Jackson, Pody, Watson
Substituted for: House Bill No. 1270
By Cochran, Hurt, Cepicky, Reneau, Capley, Moody, Sherrell, Bulso, Sparks, Howell, Greg Martin,
Maberry, Littleton, Hawk, Todd, Davis, Powers, Atchley
AN ACT to amend Tennessee Code Annotated, Title 4; Title 8; Title 9, Chapter 8; Title 29, Chapter
20 and Title 49, relative to freedom of speech.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 49-6-5102, is amended by deleting the
section and substituting instead the following:
(a) The general assembly finds that:
(1) Students, teachers, employees, and contractors of public schools and
LEAs do not shed their constitutional rights to freedom of speech and expression
while at school or work;
(2) Protecting the right to free speech for students, teachers, employees, and
contractors of public schools and LEAs promotes important state interests;
(3) The use of names and pronouns by students, teachers, employees, and
contractors of public schools and LEAs in an educational setting is a matter of free
speech or expression; and
(4) A student, teacher, employee, or contractor of a public school or LEA
should never be compelled to affirm a belief with which the student, teacher,
employee, or contractor disagrees.
(b) A student, teacher, employee, or contractor of a public school or LEA is not:
(1) Required to use the:
(A) Preferred name of a student, teacher, employee, or contractor of a
public school or LEA, if the individual's preferred name is not the individual's
legal name or a derivative thereof; or
(B) Preferred pronoun of a student, teacher, employee, or contractor of
a public school or LEA, if the individual's preferred pronoun is not consistent
with the individual's sex;
(2) Civilly liable for using:
(A) The legal name or a derivative thereof of a student, teacher ,
employee, or contractor of a public school or LEA when addressing or
referring to the student, teacher, employee, or contractor, even if the
individual's legal name is not the individual's preferred name; or
(B) A pronoun that is consistent with the sex of the student, teacher,
employee, or contractor to whom the student, teacher, employee, or
contractor is referring, even if the pronoun is not the individual's preferred
pronoun; or
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(3) Subject to an adverse action or disciplinary action for not using:
(A) The preferred name of a student, teacher, employee, or contractor
of a public school or LEA, if the individual's preferred name is not the
individual's legal name or a derivative thereof; or
(8) The preferred pronoun of a student, teacher, employee, or
contractor of a public school or LEA, if the individual's preferred pronoun is
inconsistent with the individual's sex.
(c) A public school or LEA is not civilly liable if a teacher, employee, or contractor of
the public school or LEA refers to a student, teacher, employee, or contractor of the public
school or LEA using:
(1) The individual's legal name or a derivative thereof, even if the individual's
legal name is not the individual's preferred name; or
(2) A pronoun that is consistent with the sex of the individual to whom the
student, teacher, employee, or contractor is referring, even if the pronoun is not the
individual's preferred pronoun.
(d)(1) A public school, LEA, or teacher, employee, or contractor of a public school or
LEA shall not require a student, teacher, employee, or contractor of the public school
or LEA to provide the individual's preferred pronouns and shall not subject a student,
teacher, employee, or contractor of the public school or LEA to an adverse action or
disciplinary action for refusing to provide the individual's preferred pronouns.
(2) A teacher, employee, or contractor of a public school or LEA shall not
knowingly address or refer to an unemancipated minor student who is enrolled in the
public school or LEA 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.
(3) A teacher, employee, or contractor of a public school or LEA shall not ask
a student to refer to the teacher, employee, or contractor using a pronoun or honorific
that is inconsistent with the sex of the teacher, employee, or contractor.
(e)(1) If a public school, LEA, or a teacher, employee, or contractor of a public school
or LEA requires a student, teacher, employee, or contractor of the public school or
LEA to use a preferred name or preferred pronoun in violation of subdivision (b)(1) or
subjects a student, teacher, employee, or contractor of the public school or LEA to an
adverse action or disciplinary action for refusing to use a preferred name or preferred
pronoun in violation of subdivision (b)(3), then, the student, or the student's parent or
legal guardian if the student is an unemancipated minor, teacher, employee, or
contractor who was required to use a preferred name or preferred pronoun in
violation of subdivision (b)(1) or who was subjected to an adverse action or
disciplinary action for refusing to use a preferred name or preferred pronoun in
violation of subdivision (b)(3):
(A) May file a complaint, in writing, with the director of the public
charter school or the director of schools for the LEA, as applicable, alleging a
violation of subdivision (b)(1) or (b)(3). A complaint must be filed with the
appropriate director no later than ten (10) days from the date of the alleged
violation. The director shall require the public school or LEA to remedy a
violation of subdivision (b)(1) or (b)(3) no later than thirty (30) days from the
date on which the complaint was filed. The appropriate director, or the
director's designee, shall notify the complainant, in writing, of the steps taken
by the public school or LEA to address the alleged violation; and
(8) Has a private cause of action against the public school or LEA for
injunctive relief, monetary damages, and any other relief available under law,
if the student, or the student's parent or legal guardian if the student is an
unemancipated minor, teacher, employee, or contractor has filed a complaint
pursuant to subdivision (e)(1 )(A) alleging a violation of subdivision (b)(1) or
(b)(3) and the public school or LEA has failed to remedy the alleged violation.
The student, or the student's parent or legal guardian if the student is an
unemancipated minor, teacher, employee, or contractor is also entitled to
recover reasonable costs and attorney fees. A student, or the student's parent
or legal guardian if the student is an unemancipated minor, teacher,
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employee, or contractor has two (2) years from the date of the director's, or
director's designee's, written notification to the complainant pursuant to
subdivision (e)(1 )(A) to file anaction.
(2) If a public school, LEA, or a teacher, employee, or contractor of a public
school or LEA violates subdivision (d)(1 ), then the student, or the student's parent or
legal guardian if the student is an· unemancipated minor, teacher, employee, or
contractor of the public school or LEA who was required to provide their preferred
pronouns or who was subject to an adverse action or disciplinary action for refusing
to provide their preferred pronouns in violation of subdivision (d)(1 ):
(A) May file a complaint, in writing, with the director of the public
charter school or the director of schools for the LEA, as applicable, alleging a
violation of subdivision (d)(1 ). A complaint must be filed with the appropriate
director no later than ten (10) days from the date of the alleged violation. The
director shall require the public school or LEA to remedy a violation of
subdivision (d)(1) no later than thirty (30) days from the date on which the
complaint was filed. The appropriate director, or the director's designee, shall
notify the complainant, in writing, of the steps taken by the public school or
LEA to address the alleged violation; and
(B) Has a private cause of action against the public school or LEA for
injunctive relief, monetary damages, and any other relief available under law,
if the student, or the student's parent or legal guardian if the student is an
unemancipated minor, teacher, employee, or contractor has filed a complaint
pursuant to subdivision (e)(2)(A) alleging a violation of subdivision (d)(1) and
the public school or LEA has failed to remedy the alleged violation. The
student, or the student's parent or legal guardian if the student is an
unemancipated minor, teacher, employee, or contractor is also entitled to
recover reasonable costs and attorney fees. A student, or the student's parent
or legal guardian if the student is an unemancipated minor, teacher,
employee, or contractor has two (2) years from the date of the director's, or
director's designee's, written notification to the complainant pursuant to
subdivision (e)(2)(A) to file an action.
(3) If a teacher, employee, or contractor of a public school or LEA violates
subdivision (d)(2) or (d)(3), then the student, or the student's parent or legal guardian
if the student is an unemancipated minor, who was addressed or referred to in
violation of subdivision (d)(2) or who was asked to refer to a teacher, employee, or
contractor of the public school or LEA in violation of subdivision (d)(3):
(A) May file ~ complaint, in writing, with the director of the public
charter school or the director of schools for the LEA, as applicable, alleging a
violation of subdivision (d)(2) or (d)(3). A complaint must be filed with the
appropriate director no later than ten (10) days from the date of the alleged
violation. The director shall require the public school or LEA to remedy a
violation of subdivision (d)(2) or (d)(3) no later than thirty (30) days from the
date on which the complaint was filed. The appropriate director, or the
director's designee, shall notify the complainant, in writing, of the steps taken
by the public school or LEA to address the alleged violation; and
(B) Has a private cause of action against the public school or LEA for
injunctive relief, monetary damages, and any other relief available under law,
if the student, or the student's parent or legal guardian if the student is an
unemancipated minor, teacher, employee, or contractor has filed a complaint
pursuant to subdivision (e)(3)(A) alleging a violation of subdivision {d)(2) or
(d)(3) and the public school or LEA has failed to remedy the alleged violation.
The student, or the student's. parent or legal guardian if the student is an
unemancipated min.or, teacher, employee, or contractor is also entitled to
recover reasonable costs and attorney fees. A student, or the student's parent
or legal guardian if the student is an unemancipated minor, teacher,
employee, or contractor has tY'fo (2) years from the date of the director's, or
director's designee's, written notification to the complainant pursuant to
subdivision (e)(3)(A) to file an action.
SECTION 2. Tennessee Code Annotated, Title 49, Chapter 7, Part 24, is amended by adding
the following as a new section:
(a) The general assembly finds that:
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SB 937
(1) Students, faculty, employees, and contractors of public institutions of
higher education do not shed their constitutional rights to freedom of speech and
expression while at work or while receiving an education on a· campus of the
institution;
(2) Protecting the right to free speech for students, faculty, employees, and
contractors of public institutions of higher education promotes important state
interests;
(3) The use of names or pronouns by students, faculty, employees, and
contractors of public institutions of higher education is a matter of free speech or
expression; and
(4) A student, faculty member, employee, or contractor of a public institution of
higher education should never be compelled to affirm a belief with which the student,
faculty member, employee, or contractor disagrees.
(b) A student, faculty member, employee, or contractor of an institution is not:
(1) Required to use the:
(A) Preferred name of a student, faculty member, employee, or
contractor, if the individual's preferred name is not the individual's legal name
or a derivative thereof; or
(B) Preferred pronoun of a student, faculty member, employee, or
contractor, if the individual's preferred pronoun is not consistent with the
individual's sex;
(2) Civilly liable for using:
(A) The legal name or a derivative thereof of a student, faculty
member, employee, or contractor when addressing or referring to the student,
faculty member, employee, or contractor, even if the individual's legal name is
not the individual's preferred name; or
(8) A pronoun that is consistent with the sex of the student, faculty
member, employee, or contractor to whom the student, faculty member,
employee, or contractor is referring, even if the pronoun is not the individual's
preferred pronoun; or
(3) Subject to an adverse action or disciplinary action for not using the:
(A) Preferred name of a student, faculty member, employee, or
contractor, if the individual's preferred name is not the individual's legal name
or a derivative thereof; or :
(8) Preferred pronoun of a student, faculty member, employee, or
contractor, if the individual's preferred pronoun is inconsistent with the
individual's sex.
(c) A public institution of higher education is not civilly liable if a student, faculty
member, employee, or contractor of the institution refers to another student, faculty member,
employee, or contractor of the institution using:
(1) The individual's legal name or a derivative thereof, even if the individual's
legal name is not the individual's preferred name; or
(2) A pronoun that is consistent with the sex of the individual to whom the
student, faculty member, employee, or contractor is referring, even if the pronoun is
not the individual's preferred pronoun.
(d) A public institution of higher education or a faculty member, employee, or
contractor of the institution shall not subject a student, faculty member, employee, or
contractor of the institution to an adverse action or disciplinary action for refusing to provide
the individual's preferred pronouns. Each public institution of higher education shall annually
notify students, faculty members, and employees of the institution of the prohibition in this
subsection (d). The notice must be submitted to students, faculty members, and employees
separate from any other notice or report provided by the institution. ••
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SECTION 3. Tennessee Code Annotated, Title 8, Chapter 50, Part 1, is amended by adding
the following as a new section:
(a) The general assembly finds that:
(1) State employees and contractors of the state do not shed their
constitutional rights to freedom of speech and expression while at work;
(2) Protecting the rights to free speech and expression for state employees
and contractors of the state promotes important state interests;
(3) The use of names and pronouns by state employees and contractors of
the state is a matter of free speech and expression; and
(4) A state employee or contractor of the state should never be compelled to
affirm a belief with which the employee or contractor of the state disagrees.
(b) A state employee or contractor of the state is not:
(1) Required to use the:
(A) Preferred name of a state employee, contractor of the state, or a
person with whom the state employee or contractor of the state is
communicating for purposes of, and within the scope of, the employee's state
.employment or the contractor's contract with the state, if the individual's
preferred name is not the individual's legal name or a derivative thereof; or
(8) Preferred· pronoun of a state employee, contractor of the state, or a
person with whom the state employee or contractor of the state is
communicating for purposes of, and within the scope of, the employee's state
employment or the contractor's contract with the state, if the individual's
preferred pronoun is not consistent with the individual's sex;
(2) Civilly liable for using:
(A) The legal name or a derivative thereof of a state employee,
contractor of the state, or a person with whom the state employee or
•contractor of the state is communicating for purposes of, and within the scope
of, the employee's state employment or the contractor's contract with the state
when addressing or referring to the individual, even if the individual's legal
name is not the individual's preferred name; or
(8) A pronoun to refer to a state employee, contractor of the state, or a
person with whom the state employee or contractor of the state is
communicating for purposes of, and within the scope of, the employee's state
employment or the contractor's contract with the state that is consistent with
the sex of the individual to whom ~he state employee or contractor of the state
is referring, even if the pronoun is hot the individual's preferred pronoun; or
(3) Subject to an adverse action for not using the:
(A) Preferred name of a state employee, contractor of the state, or a
person with whom the state employee or contractor of the state is
communicating for purposes of, and within the scope of, the employee's state
employment or the contractor's contract with the state, if the individual's
preferred name is not the individual's legal name or a derivative thereof; or
(8) Preferred pronoun of a state employee, contractor of the state, or a
person with whom the state employee or contractor of the state is
communicating for purposes of, and within the scope of, the employee's state
employment or the contractor's contract with the state, if the individual's
preferred pronoun is inconsistent with the individual's sex.
(c) The state is not civilly liable if a state employee or contractor of the state refers to
a state employee, contractor of the state, or a person with whom the state employee or
contractor of the state is communicating for purposes of, and within the scope of, the
employee's state employment or the contractor's contract with the state using:
(1) The individual's legal name or a derivative thereof, even if the individual's
legal name is not the individual's preferred name; or
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(2) A pronoun that is consistent with the sex of the individual to whom the
state employee is referring, even if the pronoun is not the individual's preferred
pronoun.
(d) The state or a state employee or contractor of the state shall not require a state
employee, contractor, or a person with whom the state employee or contractor is
communicating for purposes of, and within the scope of, the employee's state employment or
the contractor's contract with the state to provide the individual's preferred pronouns, and
shall not subject a state employee, contractor, or a person with whom the state employee or
contractor is communicating for purposes of, and within the scope of, the employee's state
employment or the contractor's contract with the state to an adverse action for refusing to
provide the individual's preferred pronouns.
(e) Each state board, commission, department, agency, and contractor shall annually
notify its employees and personnel of the prohibition in subsection (d). The notice must be
submitted to employees and personnel separate from any other notice or report provided by
the state board, commission, department, agency, or contractor. Subsection (d) does not
apply to public institutions of higher education.
(f) As used in this section, "state employee" or "contractor of the state" does not
include an employee, faculty member, or contractor of a public institution of higher education.
SECTION 4. 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 the act that can be
given effect without the invalid provision or application, and to that end, the provisions of this act are
severable.
SECTION 5. This act takes effect upon becoming a law, the public welfare requiring it.
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SENATE BILL NO. 937
PASSED: April 21, 2025
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•RANDY "cNALLY
SPEAKER OF THE SENATE
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CAMERON SEXTON, SPEAKER
HOUSE OF REPRESENTATIVES
APPROVED this ~dayof~ 2025
lu.
BILL LEE, GOVERNOREvery fact on this page links to its source, starting with the official bill record.