Image Credit: capitol.tn.gov & canva
The Tennessee Conservative Staff –
Yesterday, May 28, 2024, Governor Lee signed HB2310/SB2782 into law. The law will allow lawsuits against anyone taking minors out of the state without the consent of their parents for “gender affirming” care.
The legislation makes the actions of an adult “who recruits, harbors, or transports an unemancipated minor within this state for the purpose of receiving a prohibited medical procedure under title 68, chapter 33, regardless of where the medical procedure is to be procured” a Class C felony.
SB2782, sponsored by Senator Janice Bowling (R-Tullahoma-District 16), first passed the Tennessee Senate along party lines (26 to 4) in mid April of this year.
HB2310, sponsored by Representative Bryan Richey (R-Maryville-District 20), was passed in the Tennessee House later that month along party lines but was altered with an amendment prior to its passage presented by Representative Patsy Hazlewood (R-Signal Mountain-District 27).
Hazlewood’s amendment diverged from the original bill language by stating that HB2310 does not apply to:
• A parent or legal guardian of an unemancipated minor who is authorized to make healthcare decisions for the unemancipated minor.
• An adult who has permission from the unemancipated minor’s parent or legal guardian.
• A common carrier transporting passengers for hire in the course and scope of their business.
Hazlewood’s amendment also specified that “The civil action may be brought by a parent or legal guardian of the unemancipated minor.”
House Amendment HA1119, by Hazlewood, was adopted and the bill passed with a vote of 75 Ayes and 21 Nays, along party lines.
With the alteration of the bill, the Senate had to reconsider the bill’s language with it eventually ending up in a conference committee toward the end of the legislative session. The Senate concurred with the House changes which also included a deletion of the criminal penalties for trafficking originally included in the bill.
Bill sponsor Rep. Richey said, While HB2310 didn’t cover everything we aimed for, I’m relieved we managed to implement the civil action, empowering parents with the ultimate authority over medical procedures for our children. It’s another crucial safeguard against the looming threats targeting our kids.”
According to our sources, the criminal portion was extracted from the bill by its sponsor because the cost to the state to carry out the criminal consequences for those who violate the law was not included in the governor’s budget and would have caused the bill to be killed outright in House Finance Ways and Means if that portion had remained.
The newly signed law will take effect on July 1, 2024.
