HB 1474

This bill prohibits an LGBTQ flag or emblem from being displayed or maintained on any property owned by the state or a political subdivision of the state by any employees, volunteers, and agents. Further, it prohibits state employees, agents, and volunteers from taking any action recognizing or acknowledging any LGBTQ pride period while working for, acting as an agent of, or volun teering for the state or any political subdivision of the state. However, these prohibitions do not extend to any off-the-job behavior, conduct protected by the First Amendment of the United States Constitution. "LGBTQ FLAG OR EMBLEM"" DEFINED As used in this bill, a "" LGBTQ flag or emblem "" includes (i) a flag or emblem intended to display support for lesbianism, homosexuality, bisexuality, transgenderism, gender non-conforming behavior, or individuals who engage in such conduct; (ii) t he rainbow flag, which depicts the colors of the rainbow as horizontal stripes, and any variation of this design; (iii) t he equality flag, which depicts a yellow equals sign against a blue background, and any variation of this design; (iv) t he transgender flag, whi ch consists of two light blue stripes, two pink stripes, and a white stripe in the center, and any variation of this design; and (v) a ny object, image, or representation that uses the word ""pride"" in a manner intended to convey support for or approval of lesbianism, homosexuality, bisexuality, transgenderism, gender non-conforming behavior, or individuals who engage in such conduct . ""LGBTQ PRIDE PERIOD"" DEFINED As used in this bill, a "" LGBTQ pride period "" means the designation of a month, week, day, or another period of time for commemorating, celebrating, or conveying support for or approval of lesbianism, homosexuality, bisexuality, transgenderism, gender non-conforming behavior, or individuals who enga ge in such conduct. CIVIL ACTION This bill creates an exclusive private right of action as the sole and exclusive remedy for any violation of the bill but does not preclude the enforcement of another law governing conduct that is independently prohibited. The court must award (i) decla ratory or injunctive relief; (ii) nominal and compensatory damages arising from the defendant's conduct; and (iii) costs and attorney's fees to a prevailing plaintiff. A civil action can be brought by any citizen, resident, or taxpayer. Plaintiffs must bring an action within six years from the date of the violative conduct. Affirmative defenses to liability for any violation of this bill are expressly limited to inst ances when enforcement of the law will violate constitutionally or federally protected individual rights of the defendant, or when the defendant has standing to assert rights of a third-party and shows enforcement will violate constitutionally or federall y protected individual rights belonging to the third-party. This bill limits the defenses applicable to any violation. It provides a comprehensive list of defenses that may not be asserted, (i) including ignorance of the law, (ii) plaintiff consent, (iii) contributory negligence, and (iv) all forms of government al immunity. It removes protections for defendants who relied on court decisions or federal statutes that were valid at the time of the conduct but were subsequently overturned or invalidated. This bill declares that any waiver of the private right of a ct ion is void and in violation of public policy. Finally, it prohibits defendants from asserting any defense based on the plaintiff's failure to exhaust administrative remedies. This bill requires Tennessee law to be applied to any actions brought in violation of this bill. Any contractual choice of law provision to the contrary are declared void. Finally, it expands the state's judicial exercise of personal jurisdiction over defendants to the absolute limit permitted by the United States Constitution and explicitly permits out-of-state service of process. T his bill clarifies that an action brought under this bill must continue as a standard civil action and expressly overrides any protections or procedural mechanisms arising from the ""Tennessee Public Participation Act, which generally encourages and safeguards the constitutional right to petition, speak freely, associate freely, and participate in government to the fullest extent permitted by law ."