Bill requiring attorney general to defend school districts' bathroom policies advances

Legislation that would require the state attorney general to defend school districts' policies on bathroom use based on biological sex has advanced in a House committee.

House Bill 1274, sponsored by Rep. Andy Holt, R-Dresden, was approved by a voice vote Tuesday in the House Judiciary committee and moves on to the Finance, Way and Means committee.

Before passing on a voice vote, the legislation received pushback from multiple Republicans on the committee, including Rep. Johnny Garrett, R- Goodlettsville, who questioned whether the bill allowed the attorney general any discretion to refuse to defend school district's policy that was particularly egregious.

Rep. Brandon Ogles, R-Franklin, expressed similar concerns, including about whether there was an opt-out provision for the attorney general.

Despite Holt's and an attorney from Family Action Council answers indicating there was, the representatives remained unconvinced that the bill language guaranteed any flexibility for the state attorney general.

"I agree with the intention of the bill, but I do think it's fundamentally flawed," Ogles said.

Candace Johnson, a mother in Hickman County whose 19-year-old transgender son used to attend public school there, testified against the bill.

"Where are the kids that this is hurting, who aren’t transgender, for us to come up with these policies?" Johnson asked.

"I think you're trying your best to represent people who do have that fear (of transgender students). It's out of being uneducated about the transgender child or person."

Chris Sanders, executive director of the Tennessee Equality Project, speculated that bathroom policies put forth by school districts if the bill passes will be "bad."

"This bill is still anchored in an idea of biological sex, which is a way of talking in code against trans people," Sanders said. "The whole bill, with all its amendments, is still detrimental to the trans community."

A similar bill failed last year in a Senate committee.

Reach Natalie Allison at nallison@tennessean.com. Follow her on Twitter at @natalie_allison.

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