Bill
SB 1745
Tennessee would bar interpreting sex-discrimination laws using Bostock v. Clayton County, effectively protecting discrimination based on sexual orientation and gender identity in l
Title: Sex Discrimination – “Banning Bostock Act” (as introduced)
Jurisdiction: Tennessee
Official bill numbers: Senate Bill 1745 (Bowling); House Bill 1472 (Bulso)
Status: As of the latest action, deferred in Senate Judiciary Committee (March 23, 2026) with previous steps including passage on second consideration and first consideration. Effective date: July 1, 2026 (applying to actions occurring on or after that date).
Purpose and intent
- The bill seeks to redefine how Tennessee state laws prohibiting sex discrimination are interpreted.
- It would prohibit courts from adopting or applying the U.S. Supreme Court’s Bostock v. Clayton County decision (2020), which held that federal anti-discrimination protections extend to individuals based on sex, including sexual orientation and gender identity.
- The act is titled the “Banning Bostock Act,” signaling an attempt to limit Bostock-based reasoning in state law interpretations.
Key provisions and changes
- New Part 4-21-1300 series added to Tennessee Code Annotated, Title 4, Chapter 21.
- 4-21-1301 Short title: Establishes the act’s citation as the “Banning Bostock Act.”
- 4-21-1302 Laws prohibiting sex discrimination:
- Subsection (a) clarifies that, notwithstanding any existing law, a law prohibiting sex discrimination must not be interpreted to:
1) Prohibit discrimination against a person for being homosexual or transgender;
2) Prohibit discrimination based on sexual orientation, sexual behavior, gender identity, or gender non-conforming behavior;
3) Prohibit sex-segregated facilities (restrooms, locker rooms, showers, dormitories, etc.);
4) Prohibit sex-specific dress or grooming codes;
5) Prohibit discrimination based on conduct related to abortion.
- Subsection (b) prohibits courts from adopting, applying, incorporating, or following Bostock v. Clayton County when interpreting Tennessee laws prohibiting sex discrimination.
- 4-21-1303 (not listed in text, but end of provision): The act’s headings are for reference; the Tennessee Code Commission may include headings in compilations.
- 4-21-1304 (not listed explicitly): Effective date and applicability – applies to actions occurring on or after July 1, 2026.
Who would be affected
- Courts and judges interpreting Tennessee laws prohibiting sex discrimination would be barred from applying Bostock-based reasoning.
- State laws and subdivisions that prohibit sex discrimination would be interpreted in a manner permitted by this act, potentially allowing or sustaining discrimination based on sexual orientation, gender identity, or related conduct in specified areas (as listed in 4-21-1302(a)).
- Government agencies and state departments receiving federal funds could face risk of federal conformity concerns or funding implications, depending on federal compliance requirements.
Potential impact and considerations
- The fiscal note indicates possible jeopardy to federal funding administered to state agencies, depending on how federal law and funding terms interact with the state provisions.
- The act relies on a view that state law can be interpreted without adopting Bostock’s reasoning; it does not change federal constitutional law but asserts a state-level interpretation constraint.
- This could affect protections against discrimination in employment, housing, education, public accommodations, and other areas where sex discrimination was previously interpreted with Bostock-based protections, depending on how courts apply the act and subsequent federal-state interactions.
- Legal and practical consequences include potential shifts in how discrimination claims are evaluated and what is considered permissible within state programs and public facilities.
Procedural/timeline notes
- Introduced in January 2026.
- Passed on Second Consideration and referred to the Senate Judiciary Committee in January 2026.
- Placed on the Senate Judiciary Committee calendar for March 23, 2026.
- Action deferred in Senate Judiciary Committee on March 23, 2026, moving the bill to consideration in 2027.
- If enacted, effective date: July 1, 2026, with applicability to actions occurring on or after that date.
Sponsor notes
- Senate sponsor: Janice Bowling (co-sponsor on the House version).
- House sponsor: Bulso.
Bottom line
SB 1745/SB 1472 seeks to constrain the influence of Bostock v. Clayton County on Tennessee law by declaring that state laws prohibiting sex discrimination shall not be interpreted to reflect Bostock’s reasoning, and by explicitly protecting discrimination based on sexual orientation, gender identity, and related conduct in listed contexts. The bill also raises potential concerns about federal funding compliance and the balance between state autonomy and federal constitutional requirements. The measure remains pending in committee with a scheduled consideration in 2027.
Compiled from official sources — confirm details with the bill’s official record.
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