Background: House Bill 246, also known as the Free to Speak Act, would prohibit employees of public schools, colleges, and universities from using names or pronouns that do not align with a student's legal name or biological sex unless they have explicit written permission from a parent or guardian. Additionally, the bill would protect teachers and school staff from adverse employment actions if they refuse to use a student's preferred name or pronouns. The bill would also allow students to refuse to use pronouns or names that do not align with a peer’s legal documentation without facing disciplinary action. Furthermore, HB 246 would create a private cause of action against schools and universities for individuals who claim to be harmed by violations of the bill’s provisions.
Our Position: We oppose this bill. No one is harmed by allowing teachers, administrators and counselors to adopt inclusive policies that acknowledge the gender identity of their students. The practice of being intentional about using pronouns – and asking others about the pronouns they use – is all about respect. It ensures language that affirms the identities of everyone present, that doesn’t make assumptions about a person’s gender identity and promotes awareness of transgender and gender nonconforming communities. All people are affected by gender and have identities that need to be affirmed and respected, but many cisgender people do not need to worry about having their gender identities recognized. That isn’t the case for many gender nonconforming and transgender folks. For trans youth, especially those who cannot be safe at home, school may be one of the few places to be themselves. Trans youth thrive when they are affirmed in their gender identity, which includes being called by a name and pronouns that reflect who they are.
