House approves bill on privacy in facilities after lawmakers table transgender-protection amendments

The Tennessee House on Tuesday approved Senate Bill 468, a measure lawmakers described as protecting “privacy and security” in private spaces, with provisions that lawmakers said target domestic violence shelters, correctional and detention facilities and public institutions of higher education.

Supporters said the bill is intended to safeguard girls and women in private spaces; opponents called it discriminatory toward transgender, non-binary and gender nonconforming people and offered amendments to make the measure explicitly affirm inclusive facility access.

Representative Mark Boso (Chairman, Public Safety Committee) moved passage of SB 468 on third and final consideration and said the bill “is part of our continuing effort to protect the privacy and security of girls and women in private spaces.”

The bill drew a series of floor amendments introduced by Representative Bain (sponsor of several pro-inclusion changes) that would have: (1) changed the bill title to the “Gender Diversity, Safety, and Dignity Act,” (2) required safe and inclusive facility access and accommodations in correctional and detention settings, juvenile facilities, domestic violence shelters and public institutions of higher education, and (3) clarified that sex and gender are distinct concepts and affirmed participation rights for transgender and nonbinary people. Representative Bain argued the measure as introduced “insinuates that trans individuals who use the bathroom of their choice are predators” and framed the amendments as protections for dignity and access.

Chairman Boso moved to table each of those amendments. The House voted to table Representative Bain’s amendment to change the bill title; the clerk recorded the tabling vote as recorded on the floor. Representative Behn also offered an amendment to secure inclusive facility policies and cited a federal Prison Rape Elimination Act obligation; that amendment was likewise tabled on a recorded floor vote. A fourth amendment from Representative Behn that sought to distinguish sex and gender in the bill language also was tabled.

After the amendments were tabled, Chairman Boso renewed his motion for passage. The bill passed on third and final consideration as amended on the floor.

What the bill does - Supporters described four discrete areas the bill addresses: domestic violence shelters, correctional facilities, detention facilities and public institutions of higher education. - Opponents said the bill singles out transgender and gender nonconforming Tennesseans and raises legal risk; they urged instead focusing on backlog of sexual assault kits and funding crisis centers.

Votes and outcomes (as recorded on the floor) - Committee amendment #1: adopted (committee action recorded on the floor) - Representative Bain amendment (change title to affirm gender diversity): motion to table — tabled (floor vote recorded) - Representative Behn amendment (safe and inclusive facility access): motion to table — tabled (floor vote recorded) - Representative Behn amendment (distinguish sex and gender): motion to table — tabled (floor vote recorded) - Final passage of Senate Bill 468 (as amended on House floor): recorded vote on third and final consideration; the chair declared the bill passed and received a constitutional majority.

Supporters and opponents gave floor remarks before the votes. Representative Bain and Representative Behn, who sponsored the amendments, argued the bill as drafted would create barriers and risk litigation in confinement settings; Chairman Boso and other supporters said the measure is necessary to protect privacy in certain settings.

The bill now moves to the governor (or to the other chamber as required by legislative process).