NASHVILLE, Tenn. — A proposed bill in the Tennessee legislature would specifically make it a felony to take transgender minors out of state without parental permission to get gender-affirming care. The bill, HB 2310, was introduced by Rep. Bryan Richey (R - Maryville).
During a committee meeting, a lawmaker asked if the act of taking minors out of state without parental permission was already considered kidnapping. The bill's sponsor said the charge would be more severe than kidnapping, making it a Class-C felony. Tennessee state law said kidnapping is already considered a Class-C felony.
One speaker in a separate House subcommittee meeting testified and said the bill was not necessary. She said she was a mother to a transgender son in Williamson County.
"HB 2310 is not necessary. There are already laws and multiple hoops to jump through that require parental consent. This body thinks a lot about parental rights, and parents often depend on a community of folks to raise their families," she said. "This bill could strip them of those rights ... Jesus would be flipping the tables if he were here today. When is enough cruelty enough?"
In response, Richey said the bill allows for parental rights and did not include any specific language about treatments. He said it was meant to "prevent bad actors" from taking minors out of state.
The bill specifically said it would not be considered a crime if a parent or legal guardian takes transgender minors out of state for gender-affirming care, or if an adult has permission from a parent or legal guardian. It also specifically said it would not be considered a defense if the person only had permission from a minor to travel out of state for gender-affirming care.
It also would not apply if the kind of care is already exempted from the state's effective ban on some kinds of gender-affirming care for transgender minors.
The bill would also open people who take transgender minors out of state up to civil lawsuits. Those lawsuits could be brought by parents or legal guardians seeking punitive and compensatory damages.
The bill passed the House Civil Justice Committee on April 3 and is headed to the Finance, Ways and Means Committee. Its Senate version, SB 2782, previously passed the Senate Judiciary Committee.
