Dear Tennessee Log Cabin Republicans and Supporters: 

What if a small Tennessee business could legally fire a great employee just for being gay – and the State of Tennessee said that's okay?

That's basically what a proposed bill (HB 1472 / SB 1745 ) in the Tennessee General Assembly (the "Banning Bostock Act") would allow under state law for employers with 8 to 14 employees.

Right now, federal law (thanks to the Supreme Court's 2020 Bostock ruling) protects workers from being fired just because of their sexual orientation or gender identity – but only for companies with 15+ employees. Tennessee doesn't have its own statewide protection beyond that threshold.

This bill would go further: It would tell Tennessee courts to ignore the Bostock reasoning when looking at our state anti-discrimination laws. As written, it says state "sex discrimination" rules cannot be read to stop discrimination based on being gay (homosexual). So, for smaller employers (or in areas not fully covered by federal law), an employer could openly say, "I'm firing you because you're gay," and the state law wouldn't block it.

The bill would also extend the same right to discriminate in certain housing and public accommodation scenarios, although the application is too nuanced to cover in this email.

Supporters call the bill "clarifying" state rights. We call it unnecessary red tape that creates confusion for businesses, risks federal funding, and goes against limited-government principles.

Below is our official statement.

NASHVILLE, TN – The Tennessee Log Cabin Republicans today announced their formal opposition to House Bill 1472 (and SB 1745), known as the "Banning Bostock Act." While we share our colleagues' commitment to state sovereignty, this legislation represents an unnecessary government overreach that threatens Tennessee’s business-friendly environment and violates core conservative principles.

A Solution in Search of a Problem

Tennessee is—and should remain—an "at-will" employment state. Under current law, the employer-employee relationship is voluntary, giving employers broad authority to manage their workforce and terminate for nearly any reason, assuming it doesn't violate established civil rights.

HB 1472 is a legislative overcorrection to a problem that doesn't exist in the Volunteer State. By carving out a complex, state-specific exception for "sex discrimination," it adds bureaucratic confusion for small business owners. Our party champions less regulation, not new legal hurdles that require checking multiple statutes for routine decisions.

Unconstitutional and Legally Volatile

The Tennessee Log Cabin Republicans uphold the Supremacy Clause of the U.S. Constitution. This bill directs Tennessee courts to ignore the holding or reasoning of the U.S. Supreme Court in Bostock v. Clayton County (2020), which ruled that federal protections against sex discrimination under Title VII include sexual orientation and gender identity.

• • Federal Conflict: States cannot simply legislate away Supreme Court interpretations of federal law. This bill invites federal preemption challenges, wasting taxpayer dollars on doomed litigation and creating legal uncertainty for Tennessee businesses.

  • Property and Liberty: True conservatism safeguards individual liberty and employers' property rights without state interference. HB 1472 signals an unpredictable legal climate, deterring national and international companies that rely on uniform standards.

Protecting the Tennessee Brand

Tennessee has become an economic powerhouse through growth-focused policies, low taxes, and common-sense governance. HB 1472 distracts from this by risking billions in federal funding and sparking costly lawsuits—all over a settled federal matter that hasn't harmed our economy or values.

The Republican Party is the party of individual liberty, limited government and unity among conservatives. HB 1472 is a big-government mandate that dictates which precedents our courts can consider. We urge General Assembly leaders to reject this overreach and refocus on what matters: keeping Tennessee the top state to live, work, and raise a family.

Join us in this stand—contact your legislators today to voice your opposition and protect our conservative principles.