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The Tennessee Conservative [By Paula Gomes] –
Legislation passed by the Tennessee General Assembly which codifies state policy in only recognizing male and female has been signed into law by Governor Bill Lee.
HB1271/SB0936 was a carryover bill from 2025 and was put on ice for over a year and then stalled again this legislative session when it was taken off notice in the House before finally passing.
Sponsored by Representative Mark Cochran (R-Englewood-District 23) and Senator Paul Rose (R-Covington-District 32), the new law requires that every local governmental entity in Tennessee revise any policies that make reference to a person’s sex or gender to state that those terms are defined by anatomy and genetics existing at the time of birth, either male or female.
Tennesseans that have reason to believe that a local government is non-compliant will be able to file a complaint in chancery court. Other consequences could include state agencies being barred from entering into grant contracts with the Department of Economic and Community Development.
The Tennessee General Assembly have previously defined “sex” as either biologically male or female; this legislation provides an enforcement mechanism to ensure that state agencies follow the law.
Beginning July 1st, 2026, state and local governmental entities must not “adopt or enact any ordinance, resolution, rule, policy, or procedure that reflects a sex or gender that is not based upon or defined as the immutable characteristics of a natural person’s reproductive system that identify the person as male or female, as determined by anatomy and genetics existing at the time of birth.”
Revisions to any existing ordinance, resolution, rule, policy, or procedure must begin no later than January 1st, 2027.
On or after January 1, 2027, complaints may be filed with the comptroller of the treasury that a state governmental entity is in violation of and has not complied with the law. Credible complaints may initiate an investigation which could lead to disciplinary actions involving the loss of general fund revenue from the state.
Entities found to be non-compliant will receive a warning the first time that a second or third notice of noncompliance will result in a loss of state funds.
For a second notice of noncompliance, the state will withhold ten percent of the total general fund revenue the entity would otherwise be entitled to receive for the next subsequent fiscal year. These funds will be held in escrow until the entity comes into compliance after having received a certification of compliance issued by the comptroller of the treasury.
For a third notice of noncompliance, the state will increase the amount withheld to twenty percent of the total general fund revenue the entity is otherwise entitled to receive for the next subsequent fiscal year, which will also be held in escrow until such time that the entity comes into compliance.
About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.
