MARYVILLE, Tenn. — The Tennessee Education Association filed a lawsuit in federal court over the state's divisive concept law. The lawsuit, filed at the end of July, targets the "Prohibited Concepts Ban" signed into law by Governor Bill Lee in May 2021.
The law prohibits the inclusion of 14 prohibited concepts in educational curriculum, including those dealing with race, gender and other subjects, the lawsuit said. A list of the prohibited concepts is available below.
- That one race or sex is inherently superior to another race or sex
- That a person, by virtue of their race or sex, is inherently privileged, racist, sexist or oppressive — whether consciously or subconsciously
- That a person should be discriminated against or receive adverse treatment because of their race or sex
- That a person's moral character is determined by their race or sex
- That a person, by virtue of their race or sex, bears responsibility for actions committed in the past by other members of the same race or sex
- That a person should feel discomfort, guilt, anguish or another form of psychological distress because of their race or sex
- That a meritocracy is inherently racist, sexist or designed by a particular race or sex to oppress members of another race or sex
- That Tennessee or the U.S. is fundamentally or irredeemably racist or sexist
- Promoting or advocating the violent overthrow of the U.S. government
- Promoting division between, or resentment of, a race, sex, religion, creed, nonviolent political affiliation, social class or class of people
- Ascribing character traits, values, moral or ethical codes, privileges or beliefs to a race or sex, or to a person because of their race or sex
- That the rule of law does not exist but instead is a series of power relationships and struggles among racial or other groups
- That "all Americans are not created equal and are not endowed by their Creator with certain unalienable rights including life, liberty and the pursuit of happiness"
- That governments should deny to any person within their jurisdiction the equal protection of the law
TEA's lawsuit said the Dragonwings conflict in Blount County last year shows one of the "first Tennessee public school teachers subjected to an enforcement proceeding," under the law. It cited the petition by parents to remove the book from the school curriculum in Union Grove.
"As a result of the parent's complaint, Ms. Bradshaw was embroiled in a months-long administrative process without access to a lawyer, on pain of discipline, termination, or loss of her professional license, and a reduction in funding for Blount County Schools," the lawsuit said.
The Tennessee Education Association has asked the court to strike down Tennessee's law. The lawsuit claims the law is too vague because teachers don't know what materials they can and cannot use.
"The ban allows for arbitrary and discriminatory enforcement, up to and including the termination and the loss of teaching licenses," the lawsuit said.
Lincoln Memorial University constitutional law professor Akram Faizer said courts have shown, in rare cases, they will strike down a law if it's too vague.
"When no reasonable person can tell whether what they're doing is violating the law, they will invalidate the law," Faizer said.
The lawsuit is pending in the Middle District of Tennessee District Court.