NASHVILLE, Tenn. — According to Nashville-based news station WSMV, the Tennessee Education Association and five Tennessee public school educators have filed a lawsuit against the state’s education commissioner and board of education.
The lawsuit challenged a controversial law that determines what teachers can and can’t teach about race and gender, with the lawsuit claiming that the law is unconstitutional.
The "prohibited concepts law", Public Chapter No. 493, prevents teachers from teaching and discussing certain topics such as race, sex and political systems. A full list of prohibited concepts is below.
- That one race or sex is inherently superior to another race or sex
- That a person, by virtue of their race or sex, is inherently privileged, racist, sexist or oppressive — whether consciously or subconsciously
- That a person should be discriminated against or receive adverse treatment because of their race or sex
- That a person's moral character is determined by their race or sex
- That a person, by virtue of their race or sex, bears responsibility for actions committed in the past by other members of the same race or sex
- That a person should feel discomfort, guilt, anguish or another form of psychological distress because of their race or sex
- That a meritocracy is inherently racist, sexist or designed by a particular race or sex to oppress members of another race or sex
- That Tennessee or the U.S. is fundamentally or irredeemably racist or sexist
- Promoting or advocating the violent overthrow of the U.S. government
- Promoting division between, or resentment of, a race, sex, religion, creed, nonviolent political affiliation, social class or class of people
- Ascribing character traits, values, moral or ethical codes, privileges or beliefs to a race or sex, or to a person because of their race or sex
- That the rule of law does not exist but instead is a series of power relationships and struggles among racial or other groups
- That "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"
- That governments should deny to any person within their jurisdiction the equal protection of the law
According to the lawsuit, the Tennessee Education Association (TEA) claimed the law would deny children a quality education since it prevents teaching core subjects. Teachers in the lawsuit claimed the law is constitutional and it could interfere with a child’s education.
“There is no group of individuals more passionate and committed to ensuring Tennessee students receive a high-quality education than public school educators,” said Tanya T. Coats, the Knox County Educator and Tennessee Education Association President, in a media release. “This law interferes with Tennessee teachers’ job to provide a fact-based, well-rounded education to their students.”
WSMV reported that the lawsuit called into question the “unconstitutionally vague language of the law” and the subjective nature of its enforcement.
“Specifically, the lawsuit claims the law fails to provide Tennessee educators a reasonable opportunity to understand what conduct it prohibits; it encourages arbitrary and discriminatory enforcement; and, as a result, it is unconstitutionally vague in violation of the Fourteenth Amendment of the U.S. Constitution,” the release said.
“Laws need to be clear. The prohibited concepts law conflicts with the state’s own academic standards and curriculum, which creates unfair risks to Tennessee teachers using state-approved materials, following state standards, and providing fact-based instruction,” Coats said. “Educators have already spent countless hours trying to understand and navigate the law’s unclear requirements.”
WSMV reported the lawsuit asked the court to issue a permanent injunction against enforcement of the prohibited concepts law and declared the law unconstitutional under the Fourteenth Amendment.