Lee Davis: New Tennessee Law Prevents Discussion Of “Gateway Sexual Activity”

Thursday, July 05, 2012 - by Lee Davis
Lee Davis
Lee Davis
A law signed by Governor Bill Haslam has introduced a new legal term: gateway sexual activity. The bill, HB 3621/SB 3310, bans teaching Tennessee students about “gateway sexual activity.” One of the problems with the bill is that it does not clearly define what exactly that activity is. Critics have complained that a broad reading of the law could mean that behavior such as kissing or holding hands may qualify. Thus, those opposed to the new bill have labeled it the “no holding hands bill.”

According to the bill, a gateway sexual activity means “sexual contact encouraging an individual to engage in a non-abstinent behavior.” Those found to have encouraged, advocated, urged or condoned such actions will be found in violation of Tennessee law.


The law was prompted by a classroom demonstration of a sex toy. Former State Sen.,David Fowler, president of the Family Action Council, helped draft the bill and said that “gateway sexual activity” means “sexual contact” such as any intentional touching of areas such as the “groin, inner thigh, buttock or breast of a human being.”

Under the new law, the curriculum of Tennessee schools is required to “exclusively and emphatically promote sexual risk avoidance through abstinence, regardless of a student's current or prior sexual experience.” Should outside instructors or organizations teach students about gateway sexual activity in class, they could be fined up to $500

The law says that abstinence-based programs will be implemented in counties where the pregnancy rate exceeds 19.5 pregnancies per 1,000 females between ages 11 and 18, which essentially means every county in the state. The Associated Press reported that in 2009 in Tennessee, there were 29.6 pregnancies per 1,000 girls, down from a high of 48.2 in 1998.

Opponents have argued that the bill will do a disservice to Tennessee young people by making them less informed about ways to prevent disease and avoid pregnancies. They say that ignorance, and a lack of information, is never the way to improve a situation. Barry Chase, president of Planned Parenthood Greater Memphis Region, told the AP that the bill will prevent educators in Tennessee “from providing the comprehensive education that students want and need and their parents expect.”

The law took effect July 1, 2012.

Read: “Tennessee Passes Law Against ‘Gateway Sexual Activity’, Critics Suspect Holding Hands Qualifies As Sex,” by Laura Matthews, published at IBTimes.com.

(Lee Davis is a Chattanooga attorney who can be reached at lee@davis-hoss.com or at 266-0605.)


Litespeed Gears Up For Big Weekend

American Bicycle Group, parent company of Litespeed Bicycles, has announced final staff and event assignments for the upcoming USA Pro Cycling National Championships to be held in Chattanooga. The company is the official bike sponsor for several of the events including Saturday's Cycling for Miracles Charity Ride – to benefit Children’s Hospital at Erlanger  – as well  ... (click for more)

TRA Imposes Fines For Violations Of Tennessee Do Not Fax And Do Not Call Laws

The Tennessee Regulatory Authority (TRA) has issued a fine in the amount of $226,000 to a Florida-based man for violating Tennessee’s Do Not Fax law. The law, established in 2003, prohibits organizations and individuals from sending unsolicited fax advertisements to Tennessee consumers without obtaining prior consent. The Consumer Services Division of the TRA found evidence that ... (click for more)

3 Charged In Raleigh With Murder Of Former Cleveland, Tn., Woman

Three people have been charged in Raleigh, N.C., with the murder last week of a 30-year-old woman, who had just moved from Cleveland, Tn. Arrested for the slaying of Melissa Dawn Huggins-Jones were Ronald Lee Anthony, 23; Sarah Rene Redden, 18, and Travion Devonte Smith, 20. The victim's body was discovered by her eight-year-old daughter in their apartment in the North Hills ... (click for more)

Green Infrastructure Master Plan Underway For Chattanooga

LDA Engineering has been selected to lead the team to develop and recommend a green infrastructure master plan for the city of Chattanooga to complement traditional “gray” infrastructure, namely man-made sewer and stormwater structures, with sustainable green alternatives, officials said Wednesday.   “We are honored to be selected to develop Chattanooga’s green infrastructure ... (click for more)

Thanks, Sheriff

The Hamilton County Sheriff's Department is very responsive and professional out in Apison, and I appreciate that.  We have some fine deputies serving Hamilton County.    I took a minute to call and tell them thank you, I hope my neighbors will also. Brian Wood Apison (click for more)

Roy Exum: Please Send Me Funny Jokes

It has been about 25 years or so since I had the opportunity to visit every county in the state of Tennessee and, as a volunteer for the American Cancer Society at the time, I met cancer survivors and listened to their incredible stories. I remember one man in particular who had bone cancer and one night he said he rolled over in bed and literally broke his arm in a very simple ... (click for more)