More Tennesseans Protected From Compelled Speech With Governor’s Signing Of Legislation

A similar bill, House Bill 1262 (HB1262), sponsored by freshman Representative Michele Reneau (R-Signal Mountain-District 27), was taken off notice in the House Education Committee at the beginning of April.

The law passed in 2023 keeps teachers, as well as public school districts, from facing civil lawsuits if teachers choose to refer to students only by the pronouns that align with a student’s assigned sex at birth and also stipulates that teachers cannot be penalized for doing so by their employers.

The new additions to current law, which took effect upon Lee’s signing, extends protection to students and contractors of public schools and LEAs while at school and prohibits disciplinary action from being taken against students, or adverse action against school contractors for failure to use preferred pronouns that are inconsistent with an individual’s biological sex. 

In addition, all categories who are protected from having to use compelled speech as far as it pertains to pronouns, are also protected from being required to use 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 legal name (or a derivative) of the individual.

The legislation also prohibits a public school, LEA, teacher, employee, or contractor from requiring that preferred pronouns be given, although they may still ask, and those those refuse to give them cannot be penalized.

Along with these new protections, teachers, as well as anyone working for a public school or LEA cannot address minor students by names other than their legal name, or a nickname derived from the legal name, without first getting written consent from a parent or legal guardian.

Students also cannot be required to refer to teachers, employees, or substitute teachers by using pronouns or honorifics such as Ma’am or Sir when it is inconsistent with the sex of the individual.

Last November, The Tennessee Conservative reported that a cross-dressing substitute teacher in a Hamilton County public school insisted that students address him using a female title.

The man was hired by a third party contractor that provides substitute teachers. 

In 2023, another gender confused individual was also found subbing in the same county.

That teacher was also hired through Education Staffing Solutions (ESS).

In his explanation of the legislation on the House floor, Cochran reiterated that the bill’s aim was to provide protection against coerced speech for students, teachers, employees, and contractors of state government, state schools, and higher education facilities.

“Students, teachers, employees, and contractors or public schools and LEAs do not shed their constitutional rights to freedom of speech and expression while at work,” said Cochran. “Furthermore, protecting the right to free speech for students, teachers, and employees, we believe that that promotes an important state interest and protects constitutional rights.”

The legislation which passed both chambers of the General Assembly along party lines was called “mean” and “hateful” to children struggling with gender dysphoria by House Democrats.

Representative Justin Jones (D-Nashville-District 52) who pointed out that Cochran has put his name on this type of legislation more than once, inferred that the House sponsor might be hiding something about his personal life. “It’s giving projection,” stated Jones.

When asked by Democrat lawmakers if he would be okay by being addressed using non preferred pronouns, Cochran said, “I don’t have a constitutional right to not be offended.”

About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.