A New Law in Tennessee Exists Solely to Intimidate Parents of Trans Kids, Advocates Say

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In what LGBTQ+ advocates say is an attempt simply to intimidate the state’s queer and trans families, Tennessee's legislature has passed a first-of-its-kind bill that would make it illegal to transport a minor out of state for gender-affirming care without the consent of the child's parents.

The Tennessee House voted 63-16 in favor of House Bill 2310 last Thursday. The bill would allow parents to sue any adult who helps a minor obtain gender-affirming care outside of Tennessee. Violating the law, should it be signed by the governor, would carry civil (not criminal) penalties. The bill does not apply to a minor’s parents or legal guardians, nor does it apply to adults who have permission from the minor’s parents or legal guardians. The bill will now go to Governor Bill Lee’s desk to be signed into law, and will take effect on July 1 if enacted.

According to the Tennessee Conservative, Tennessee Representative Justin Pearson, a Democrat, called the legislation “absurd” and unnecessary, since kidnapping is already a Class C felony in the state. LGBTQ+ advocacy organizations Out Memphis and Campaign for Southern Equality posted a statement to social media on Friday clarifying that parents and guardians are still able to help their children seek out-of-state care. The organizations referred to the bill as “aimed at creating confusion and fear for these families.”

“It’s obvious that the Tennessee legislature is trying to intimidate families of transgender youth – piling additional fear onto the mountain of financial and logistical burdens that parents are grappling with in the face of the existing healthcare ban in Tennessee,” said Adam Polaski, communications and political director of the Campaign for Southern Equality, in the statement. “But we want to be clear: This development does not block parents from travelling with their child out of state to access the healthcare they need and deserve.”

The law states that people's anti-LGBTQ\+ beliefs cannot automatically disqualify them from fostering queer and trans youth.

Tennessee initially enacted its ban on gender-affirming care for minors in March 2023. Though LGBTQ+ legal advocacy groups filed suit against the law and were able to temporarily block it, a federal judge reinstated the law in July 2023. This marked the first time that a federal court ruled that blocking access to gender-affirming care did not violate the Constitution. According to the Movement Advancement Project, 23 states so far have passed bans on gender-affirming care for trans youth, with five states designating the provision of such care as a felony. However, 15 states and D.C. have enacted “shield” laws that protect access to gender-affirming care, including the privacy rights of those who might come from other states to pursue that care.

A previous version of this story incorrectly stated that the bill carries criminal penalties.

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