Divisive Concepts Bill Continues Its Progress Through TN General Assembly

Image: Representative Ron M. Gant (R-Piperton-District 94) presents the Senate amendment to HB2670 to the TN House of Representatives on March 28th, 2022. Image Credit: capitol.tn.gov

The Tennessee Conservative [By Paula Gomes] –

After the Tennessee Senate approved a bill on March 23rd that would prevent public higher education students and employees from being required to conform to “divisive concepts” or be graded based upon agreeing with those concepts, HB2670 headed back to the House.

The House voted yesterday to concur with Senate amendment number 2. The vote resulted in 69 ayes to 18 noes with only Democrats voting against.

The full text of the amendment can be found HERE. Sections of note can be found below.

SB2290 / HB2670 Amendment Text (partial):

SECTION 2. The general assembly finds that the divisive concepts described in Section
3 of this act exacerbate and inflame divisions on the basis of sex, race, ethnicity, religion, color,
national origin, and other criteria in ways contrary to the unity of the United States of America
and the well-being of this state and its citizens.

SECTION 3.
As used in this part:
(1) “Divisive concept” means a concept that:
(A) One (1) race or sex is inherently superior or inferior to another
race or sex;
(B) An individual, by virtue of the individual’s race or sex, is
inherently privileged, racist, sexist, or oppressive, whether consciously or
subconsciously;

(C) An individual should be discriminated against or receive
adverse treatment because of the individual’s race or sex;
(D) An individual’s moral character is determined by the
individual’s race or sex;
(E) An individual, by virtue of the individual’s race or sex, bears
responsibility for actions committed in the past by other members of the
same race or sex;
(F) An individual should feel discomfort, guilt, anguish, or another
form of psychological distress solely because of the individual’s race or
sex;
(G) A meritocracy is inherently racist or sexist, or designed by a
particular race or sex to oppress another race or sex;
(H) This state or the United States is fundamentally or
irredeemably racist or sexist;
(I) Promotes or advocates the violent overthrow of the United
States government;
(J) Promotes division between, or resentment of, a race, sex,
religion, creed, nonviolent political affiliation, social class, or class of
people;
(K) Ascribes character traits, values, moral or ethical codes,
privileges, or beliefs to a race or sex, or to an individual because of the
individual’s race or sex;
(L) The rule of law does not exist, but instead is a series of power
relationships and struggles among racial or other groups;
(M) All Americans are not created equal and are not endowed by
their Creator with certain unalienable rights, including, life, liberty, and the
pursuit of happiness;

(N) Governments should deny to any person within the
government’s jurisdiction the equal protection of the law;
(O) Includes race or sex stereotyping; or
(P) Includes race or sex scapegoating;
(2) “Race or sex scapegoating” means assigning fault, blame, or bias to
a race or sex, or to members of a race or sex, because of their race or sex, and
includes any claim that, consciously or subconsciously, and by virtue of a
person’s race or sex, members of a race are inherently racist or inclined to
oppress others, or that members of a sex are inherently sexist or inclined to
oppress others;
(3) “Race or sex stereotyping” means ascribing character traits, values,
moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an
individual because of his or her race or sex; and
(4) “Training” includes seminars, workshops, trainings, and orientations.

SECTION 4.
In furtherance of the general assembly’s findings in Section 2, the following
restrictions apply to public institutions of higher education in this state:
(1) A student or employee of a public institution of higher education shall
not be penalized, discriminated against, or receive any adverse treatment due to
the student’s or employee’s refusal to support, believe, endorse, embrace,
confess, act upon, or otherwise assent to one (1) or more divisive concepts;
(2) A student or employee of a public institution of higher education shall
not be required to endorse a specific ideology or political viewpoint to be eligible
for hiring, tenure, promotion, or graduation, and institutions shall not ask the
ideological or political viewpoint of a student, job applicant, job candidate, or
candidate for promotion or tenure; and

(3) An individual who believes that a violation of this Section 4 has
occurred may pursue all equitable or legal remedies that may be available to the
individual in a court of competent jurisdiction.

SECTION 5.
(a) A public institution of higher education shall not:
(1) Conduct any mandatory training of students or employees if the
training includes one (1) or more divisive concepts;
(2) Use training programs or training materials for students or employees
if the program or material includes one (1) or more divisive concepts; or
(3) Use state-appropriated funds to incentivize, beyond payment of
regular salary or other regular compensation, a faculty member to incorporate
one (1) or more divisive concepts into academic curricula.
(b) If a public institution of higher education employs employees whose primary
duties include diversity, then the duties of such employees must include efforts to
strengthen and increase intellectual diversity among the students and faculty of the
public institution of higher education at which they are employed.

SECTION 7.
This part shall not be interpreted to:
(1) Prohibit public institutions of higher education from training students
or employees on the non-discrimination requirements of federal or state law;
(2) Infringe on the rights of freedom of speech protected by the First
Amendment to the United States Constitution;
(3) Infringe on the rights of academic freedom of faculty in public
institutions of higher education;
(4) Require an employee of a public institution of higher education to:
(A) Violate any federal or state law, rule, or regulation; or
(B) Fail to comply with any applicable academic accreditation
requirement;
(5) Prohibit an individual who provides training from responding to
questions regarding one (1) or more divisive concepts, so long as the response
does not endorse or advocate for divisive concepts; or
(6) Prohibit public institutions of higher education from promoting
diversity, equity, and inclusion; provided, that such efforts are consistent with the
provisions of this part.

About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.