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Committee advances bill directing state courts to apply Tennessee statute text, not Bostock, in some cases
Summary
House Bill 1472 passed out of subcommittee and would direct state courts to interpret the Tennessee Human Rights Act by its statutory text rather than by applying the U.S. Supreme Court's Bostock decision; proponents said expansion of protected classes should occur in the legislature, while opponents warned of potential federal funding risks.
House Bill 1472 would require state court judges to interpret the Tennessee Human Rights Act according to its text, rather than relying on the U.S. Supreme Court's 2020 Bostock decision when applying state anti-discrimination law.
The bill's sponsor told the subcommittee the measure is intended to prevent state courts from effectively expanding protected classes without legislative action. "When we said [sex], we meant male or female. If we want to expand it to include sexual orientation or gender identity, we could do that. But that's not been done," the sponsor said, arguing the judiciary should not effect that change. Representative Johnson asked whether the change could jeopardize federal funding; the sponsor responded, "It's not gonna jeopardize any federal funding," and said fiscal notes would be corrected if necessary.
Members questioned how the bill would interact with federal precedent and whether it would survive motions that cite U.S. Supreme Court authority. The sponsor maintained the bill would not affect employers covered by Title VII — those with 15 or more employees would still be governed by Bostock — but that smaller employers governed by state law would be subject to the Tennessee Human Rights Act as written. After extended debate, the subcommittee voted to send HB 1472 to full judiciary; the clerk reported 6 ayes and 1 no.
