SB 1440/HB 239 attempts to discriminate against trans Tennesseans by codifying “sex” as “a person’s immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person’s biological sex” throughout state code.
The goal of this bill is to exempt the state of Tennessee from being accused of discriminating against someone on the basis of gender identity by using a narrow interpretation of the definition of sex for legislators to lean on when it benefits them.
Any law trying to enforce sex-based discrimination is impossible to implement unless a full genetic and hormonal profile is given to whomever is responsible for enforcing the law, which is simply not going to happen. So attempts to enforce this bill could mean educators, employers, and more performing invasive searches on someone they suspect is transgender.
This bill makes LGBTQ people even more susceptible to discrimination.
Tennessee state senators
Tennessee state representatives