By JC Bowman
In 2025, an amendment to the Tennessee Code Annotated, Title 49, was passed. Some educators have asked questions about the use of pronouns in public schools. This new law, signed by Governor Bill Lee on May 9, 2025, reflects an emphasis on freedom of speech within the educational system. The legislation passed with substantial majorities in both the Tennessee House and Senate, indicating significant political backing for its provisions.
Key Provisions of the Law
At its core, the law prohibits public schools, local education agencies (LEAs), and their employees from compelling students, teachers, or contractors to disclose their preferred pronouns. This aspect is grounded in the belief that individuals retain their constitutional rights to freedom of speech and expression even within educational settings.
Freedom of Speech
The law underscores several findings:
1. Constitutional Rights: It reaffirms that students, teachers, and employees do not forfeit their rights to free speech while in school or at work.
2. State Interests: Protecting free speech is deemed to promote important state interests, suggesting that the ability to express oneself without coercion is fundamental to a healthy educational environment.
3. Expression of Identity: The usage of names and pronouns is characterized as a matter of personal expression, highlighting the significance of identity in the educational discourse.
Limitations on Pronoun Use
The implications of this law are profound:
– No Requirement for Preferred Pronouns: Students, teachers, and employees are not required to use preferred pronouns that do not align with a person’s biological sex. This is particularly noteworthy as it establishes that adherence to biological sex in pronoun usage is acceptable and legally protected.
– Legal Protections Against Liability: The law protects educators and employees from civil liability when they choose to use legal names or pronouns that align with a person’s biological sex, even if those choices diverge from the individual’s preferred identifiers.
Consent for Addressing Minors
A significant provision mandates that teachers and staff cannot refer to unemancipated minor students by names or pronouns inconsistent with their biological sex without obtaining written consent from a parent or legal guardian. This section emphasizes parental authority and involvement in how their children are addressed in school settings.
Complaints and Enforcement
The law establishes processes for addressing violations. If a public school or LEA compels the use of preferred names or pronouns contrary to the provisions laid out, affected individuals can file complaints with school directors. If these complaints are not remedied within a specified time, legal action may be pursued, allowing for potential monetary damages and attorney fees.
Impact on Higher Education and State Employment
The amendments also extend to public institutions of higher education and state employees. Similar provisions are enacted to ensure that faculty and staff maintain their rights to free speech and are not compelled to use preferred pronouns inconsistent with their biological sex. The law calls for annual notifications to employees and students about these rights, reinforcing the educational institutions’ commitment to upholding free speech principles.
Conclusion
The amendment to Tennessee’s educational law concerning pronoun usage marks a significant shift in the landscape of freedom of expression within public schools. By enshrining these rights into law, Tennessee sought to balance individual expressions of identity with broader considerations of free speech. The implications of this legislation will likely continue to evolve, shaping discussions around identity, expression, and educational policy in the state. As schools and institutions navigate these changes, ongoing dialogue will be essential to address the complex issues surrounding pronouns and identity in educational environments.
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JC Bowman is the Executive Director of Professional Educators of Tennessee, a non-partisan teacher association headquartered in Nashville, Tennessee. Permission to reprint in whole or in part is hereby granted, provided that the author and the association are properly cited. For more information on this subject or any education issue please contact Professional Educators of Tennessee. To schedule an interview please contact info@proedtn.org or 1-800-471-4867.
