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Education in Tennessee
State Education State Government

Senate Committee advances bills dealing with gender identity in sports and “divisive concepts”

The Senate Education Committee advanced two controversial bills Wednesday that have faced criticism from LGBTQ and civil rights activists.

The first would update last year’s “divisive concepts” bill that prohibited  mandatory training on “divisive concepts” at universities and higher education institutions. That legislation faced criticism from educators who feel it hinders teaching uncomfortable topics.

Oak Ridge Representative John Ragan and Tennessee Senator Joey Hensley are sponsoring legislation this year that would establish a complaint and reporting system for teachers and students in violation of the existing divisive concepts law.

The legislation would also prohibit opposing groups on campus from vetoing recognized campus groups and their guest speakers and prevent colleges from charging security fees for controversial campus speakers.

“The purpose of this bill is to strengthen the prohibition of “divisive concepts” by promoting the freedom of expression and educational excellence, freedom to publicly question or challenge, and defend. The opinion is essential to a sound education. No one should be forced to abandon their morals or peaceful and lawful beliefs to avoid censure,” said Senator Hensley.

“Divisive concepts” is defined as an idea that inflames divisions based on subjects like sex, race, religion, and ethnicity. The definition also includes concepts that deem one race or sex as superior to the other, race or sex-based privilege, and race or sex scapegoating or stereotyping.

Memphis Senator Raumesh Akbari expressed concerns about the legislation saying some may argue groups like the KKK (Ku Klux Klan) are peaceful and nonviolent, yet events such as Sex Week, which is a week dedicated to sex positivity and sexual health education, would be denied on the grounds of being “obscene.”

Senator Akbari worries this would create a less free environment on college campus.

“I’ve said this before on this committee. Diversity is more than just black and white. Diversity is a wide range. It is what makes us unique. It is what makes this beautiful quilt of people across and so I think eliminating these types of requirements from applications really does get into the nitty gritty of the hiring process and to me is a step backwards, so I have grave concerns about this bill,” said Senator Akbari.

Despite Akbari’s concerns, committee members advanced the bill to the Senate Calendar Committee on an 8 to 1 vote.

Gender Identity in Sports

Senator Hensley is also sponsoring a bill to expand last year’s legislation requiring athletes in public middle and high schools to compete on the team in accordance with the sex they were assigned at birth.

Hensley’s legislation would require private schools to follow a similar policy if they’re part of the Tennessee Secondary School Athletic Association (TSSAA).

“It protects female athletes at a private school who are members of TSSAA,” said Senator Hensley.

The bill also allows female students to participate on a male team if their school doesn’t have female team in that sport.

The legislation has been criticized by civil rights groups who say it’s targeting transgender people and only serves to further divide and deny.

“It is a piece of legislation seeking a problem and not a problem that needed legislation,” said Senator Akbari.

Akbari was the lone vote against the bill on the committee as it advanced 8 to 1.