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HJR 5

Constitutional Amendments - Proposes an amendment to prohibit this state or an instrumentality of this state from abridging or denying a person's rights on account of sex. -

114th Regular Session (2025-2026) Introduced by Aftyn Behn

Tennessee constitutional amendment would ban state government from denying rights based on sex, requiring legislative passage and voter approval with ambiguous scope on gender identity coverage.

Assigned to s/c Civil Justice Subcommittee
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Bill Summary · HJR 5

Legislative bill overview

HJR 5 proposes a constitutional amendment to Tennessee's state constitution that would prohibit state government and its agencies from denying or abridging rights based on sex. As a joint resolution, this requires legislative approval and voter ratification to become part of the state constitution.

Why is this important

Constitutional amendments establish fundamental protections that supersede regular legislation and are difficult to change. This amendment would create an explicit state-level sex discrimination prohibition, potentially affecting education policy, employment law, healthcare access, and other state-regulated areas depending on how courts interpret "sex."

Potential points of contention

  • Definition of "sex": The amendment doesn't define whether "sex" means biological sex, gender identity, or both—a critical ambiguity that will drive significant political debate and likely future litigation
  • Scope and exceptions: Unclear whether the amendment permits any sex-based distinctions (e.g., in prisons, sports, bathrooms, or medical contexts) or whether it allows constitutional exceptions that other states have carved out
  • State action vs. private entities: The language limits restrictions to state action, leaving private discrimination unaddressed, which some may view as insufficient protection

Compiled from official sources — confirm details with the bill’s official record.

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