Tennessee Senate Bill SB1745

Tennessee 2025-2026 Regular Session

• Introduced: 1/16/26

Caption

AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 21, relative to discrimination.

Impact

If enacted, SB1745 would significantly alter the landscape of civil rights protections in Tennessee. By explicitly excluding protections for sexual orientation and gender identity from the state's anti-discrimination framework, the bill would legalize discrimination against LGBTQ+ individuals in various domains, including employment and public accommodations. Moreover, it would undermine the implications of the landmark Supreme Court case 'Bostock v. Clayton County', effectively negating its principles within the state. This change would align Tennessee's laws against a backdrop of increasing federal protections for LGBTQ+ rights, creating a stark divergence between state and federal law.

Summary

Senate Bill 1745, known as the 'Banning Bostock Act', seeks to amend the Tennessee Code Annotated, Title 4, Chapter 21, specifically concerning laws that prohibit discrimination. The bill asserts that no state law or any of its subdivisions should interpret existing prohibitions against sex discrimination to include protections for individuals who are homosexual or transgender. It particularly emphasizes that discrimination based on sexual orientation, gender identity, or gender-nonconforming behavior would not be prohibited under state law. Additionally, the bill outlines that sex-segregated facilities such as restrooms and locker rooms can be established and enforced without legal challenge related to anti-discrimination laws.

Contention

The bill is expected to spark significant debate within the legislature as proponents argue that it will preserve traditional values and parental rights, while opponents contend that it represents a harmful regression in the protection of civil rights. Advocacy groups and many Democratic lawmakers have expressed strong opposition to the bill, asserting that it undermines the dignity and rights of LGBTQ+ individuals and perpetuates a culture of discrimination. Critics highlight the potential social ramifications, including increased stigma and exclusion for individuals based on their sexual orientation or gender identity, raising concerns about public health and safety as well.