Tennessee Gov. Bill Lee signed SB1237, extending the state's transgender school-sports ban to private schools

On May 4, 2023, Tennessee Governor Bill Lee signed SB1237 into law, enacted as Public Chapter 285, amending Tennessee Code Annotated Title 49, Chapters 1 and 50. As enacted, the law limits a private-school student's eligibility to participate in an interscholastic athletic activity or event — where membership in the Tennessee Secondary School Athletic Association is required — to participation "in accordance with the student's immutable biological sex as determined by anatomy and genetics existing at the time of birth." A female student remains permitted to play on a male-designated team when no separate girls' team exists in that sport.

The measure extends to TSSAA-affiliated private secondary schools a transgender-athlete restriction Tennessee had previously imposed on its public schools. It passed the House 72-19 on April 18, 2023, and the Senate 26-5, as amended, on April 13, 2023, and was sponsored by Sen. Joey Hensley.

By conditioning athletic eligibility on a student's sex assigned at birth, the statute directs private schools within the state athletic association to bar transgender students from teams matching their gender identity, treating them differently from their peers on the basis of gender identity.