The Republican argued the bill promotes"equality," in spite of the fact it restricts trans people from using facilities that align with their gender identity.NASHVILLE, Tenn. — Tennessee Gov. Bill Lee has signed legislation that puts public schools and their districts at risk of losing civil lawsuits if they let transgender students or employees use multi-person bathrooms or locker rooms that do not reflect their gender at birth.
Under the bathroom measure, a student, parent or employee could sue in an effort to claim monetary damages “for all psychological, emotional, and physical harm suffered” if school officials allow a transgender person into the bathroom or locker room when others are in there. They also could take legal action if required to stay in the same sleeping quarters as a member of the opposite sex at birth, unless that person is a family member.
“That bill provides equal access to every student. It’s a reasonable accommodation,” Lee told reporters last week. “It allows for accommodation for every student regardless of their gender. I think that’s a smart approach to the challenge.” Challenging a school policy currently presents procedural hurdles, including legal standing and immunity issues, said state ACLU spokesperson Lindsay Kee. The law presents a “clear path to litigation” about bathrooms and allows for attorneys’ fees awards, Kee said.
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