Tennessee Senate Passes Bill Mandating Housing Based on Sex at Birth

The Tennessee Senate has passed the Riley Gaines Women’s Safety and Protection Act, a bill that mandates public institutions, including universities, prisons, and detention centers, to assign housing based on an individual's sex at birth rather than their gender identity. This legislation aims to establish separate bathrooms, changing rooms, and sleeping spaces according to biological sex, which could significantly affect the living arrangements of transgender individuals in facilities such as the University of Tennessee at Chattanooga (UTC).

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The bill's passage raises concerns about the flexibility of housing policies at public institutions. Bean Chapman, a legislative analyst for the Tennessee Equality Project, expressed disappointment, stating that the legislation removes the ability for institutions to make housing decisions on a case-by-case basis, which could be more beneficial for students, faculty, and staff. Currently, UTC's housing handbook outlines policies based on male and female students but lacks clarity on the placement of transgender students.

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Supporters of the bill, including its sponsor Representative Gino Bulso, argue that the legislation is primarily about ensuring the safety and privacy of women and girls in private spaces. Bulso emphasized that the bill is part of a broader effort to protect these groups. However, Chapman cautions that the bill's implications extend beyond just one demographic, potentially affecting all individuals within these institutions.

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Advocacy groups have raised alarms regarding the potential negative impact on transgender individuals, particularly in prison settings. Chapman noted that many transgender inmates already face violence and victimization, and the bill could exacerbate these issues. According to a report from the Tennessee Equality Project, fewer than 60 inmates out of over 20,000 in Tennessee prisons identify as transgender or intersex. A recent audit in Hamilton County found no transgender inmates in juvenile detention, indicating that current housing decisions are typically made with individual safety in mind, aligning with federal standards.

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If signed by Governor Bill Lee, the legislation will take effect on July 1st. The University of Tennessee at Chattanooga has been approached for comments regarding potential changes to its housing policies in light of the new bill, but no response has been received as of yet.

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• “It removes the ability for them to do things on a case by case basis and do what's best for their students or their faculty or their staff,” — Bean Chapman, Legislative Analyst, Tennessee Equality Project

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• “This bill is part of our continuing effort to protect the privacy and security of girls and women in private spaces,” — Representative Gino Bulso, Bill Sponsor

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