Civil Justice subcommittee advances bill to require agencies to use binary sex definitions; amendment added

The Civil Justice Subcommittee voted 6-1 to send House Bill 1271 to the full judiciary committee after adding amendment 004260.

House Bill 1271, sponsored in committee by Leader Cochran, would state as official policy that there are two sexes—"a biological male and a biological female"—and require state agencies and political subdivisions to align policies and procedures with that definition. "This 1 is pretty straightforward," Leader Cochran said, arguing the bill ensures agencies follow the state's existing legal definition.

The bill drew public testimony opposing the measure and questions from members about enforcement and medical complexities. Finn Shelt Peck, a Davidson County resident with a master's in medicine, health and society, said he was "worried that this bill will target specific Tennessee residents, widening an existing access, privilege, and generally a socioeconomic gap," and asked whether the "true costs of introducing and enforcing a bill such as this have been considered." Johanna Cohen, who described a personal medical history involving a genetic test at birth, told the committee that intersex people exist and that "statistics show that 1.7 percent of the population is identified as intersex. They're a tiny part of the population, but still part of it." Cohen urged lawmakers to consider a study and stakeholder input instead of the bill.

Representative members pressed sponsors on enforcement. Leader Cochran said the measure was not creating a new definition but "essentially going a step further to ensure that we have enforcement mechanisms" so political subdivisions and agencies apply the state's existing definition when making public policy. Representative Johnson said she would vote against the bill, arguing some people fall outside strict binary categories and that enforcement could require genetic testing; Cochran replied the bill enforces agency policy, not testing individuals.

The committee added amendment 004260 by voice vote before advancing the bill. The clerk recorded the final subcommittee tally as six ayes and one no. House Bill 1271 will next be considered by the full judiciary committee.

Members and witnesses who spoke on the record included Leader Cochran (bill sponsor), Finn Shelt Peck (resident, scientist), Johanna Cohen (resident), Representative Johnson, and other subcommittee members. Testimony cited scientific and medical complexity around sex development and raised concerns about administrative burdens on local governments.

The subcommittee proceeding began with a quorum call and routine calendar actions. The committee recorded the amendment addition and the vote to advance HB 1271 to full judiciary.