Tennessee enacted HB1271, requiring state and local governments to define sex by birth anatomy over gender identity

On May 7, 2026, Tennessee Gov. Bill Lee signed HB1271 (Public Chapter 938) into law, amending Titles 1 through 8 of the Tennessee Code relative to "biological sex." The law requires every governmental entity in the state — including local governments — to revise its ordinances, resolutions, rules, policies, and procedures so that any reference to sex or gender is defined as the immutable characteristics of a person's reproductive system as determined by anatomy and genetics at birth, overriding local recognition of gender identity. The House passed the bill 72-16 on March 30 and the Senate 24-6 on April 22, 2026, and it took effect on signing.

On May 7, 2026, Tennessee Governor Bill Lee signed HB1271, enacted as Public Chapter 938, amending Titles 1 through 8 of the Tennessee Code relative to "biological sex." The statute directs every governmental entity in Tennessee — state agencies and local governments alike — to revise any ordinance, resolution, rule, policy, or procedure that references sex or gender so that those terms are defined as "the immutable characteristics of the person's reproductive system that identify the person as male or female, as determined by anatomy and genetics testing at the time of birth." The effect is to override local recognition of gender identity in official records and policies statewide.

The measure was sponsored in the House by Rep. Mark Cochran and passed the House 72-16 on March 30, 2026, and the Senate 24-6 on April 22, 2026, before the governor signed it into law effective immediately. LGBTQ+ advocacy organizations had urged Governor Lee to veto the bill, describing it as part of a broader 2026 slate of Tennessee legislation restricting transgender residents' recognition and rights.

Equal protection under the law means governments do not single out a group for disadvantage based on who its members are. Tennessee's HB1271 compels every state and local government body to redefine "sex" throughout its ordinances and policies as birth anatomy, erasing official recognition of transgender residents' gender identity and overriding local protections that had acknowledged it. This archive records when a state uses statutory preemption to strip civil recognition from a marginalized group across every level of government at once.

  1. Tennessee HB1271 | 2025-2026 | 114th General AssemblyLegiScan primary accessed July 10, 2026
  2. Bill Information — Tennessee General Assembly (HB1271)Tennessee General Assembly primary accessed July 10, 2026
  3. Tennessee LGBTQ+ advocates urge governor to veto slate of billsTennessee Lookout investigative accessed July 10, 2026