Tennessee Gov. Bill Lee signed SB1443/HB727 requiring parental opt-in consent for LGBTQ curriculum and school club membership

On May 17, 2023, Tennessee Gov. Bill Lee signed SB1443/HB727 into law as Public Chapter 353, effective July 1, 2023. The bill, primary-sponsored by Sen. Kerry Roberts and Rep. Monty Fritts, cleared the Senate on a 25-5 vote and the House 74-24. As enacted, it makes two changes to state education law. First, amending Tenn. Code Ann. 49-6-1308, it requires a student's parent or legal guardian — or the student, if the student has reached the age of majority — to provide written, informed, voluntary opt-in consent before the student may receive instruction of a "sexual orientation curriculum or gender identity curriculum," singling out that subject matter for a consent bar not applied to other curricular topics.

Second, through a new provision at Tenn. Code Ann. 49-6-1031(b), the law bars any minor student from becoming a member of, or participating in any activity of, a school club or organization unless the parent or guardian first gives dated, written consent. The club-consent provision, added by floor amendment on April 17, 2023, applies on its face to all clubs but functions as a forced-outing mechanism for students who wish to join LGBTQ-support clubs, such as Gender-Sexuality Alliances, because a parent must be notified and must consent before a minor can join. Advocacy organizations, including the Human Rights Campaign, opposed the measure as part of a slate of anti-LGBTQ education legislation, warning it would restrict students' access to instruction and out transgender and gender-nonconforming students to their families.