S 322

South Carolina General Assembly
126th Session, 2025-2026
Bill 322
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT
THE "FREE TO SPEAK ACT"; BY ADDING SECTION 59-1-505 SO AS TO PROHIBIT PUBLIC
SCHOOL EMPLOYEES FROM KNOWINGLY AND INTENTIONALLY ADDRESSING AN UNEMANCIPATED
MINOR WHO IS A STUDENT AT THE SCHOOL WHERE THE EMPLOYEE IS EMPLOYED BY A
PRONOUN OR TITLE THAT IS INCONSISTENT WITH THE STUDENT'S SEX WITHOUT THE
WRITTEN PERMISSION OF A STUDENT'S PARENT OR GUARDIAN, TO PROTECT PUBLIC SCHOOL
EMPLOYEES FROM ADVERSE EMPLOYMENT ACTION FOR DECLINING TO ADDRESS A STUDENT
USING A PRONOUN THAT IS INCONSISTENT WITH THE STUDENT'S SEX, FOR DECLINING TO
IDENTIFY HIS PRONOUNS, AND FOR OTHER REASONS, AND TO REQUIRE THE GOVERNING BODY
OF EACH SCHOOL DISTRICT TO ADOPT POLICIES CONSISTENT WITH THIS CODE SECTION;
AND BY ADDING SECTION 59-101-680 SO AS TO PROHIBIT PUBLIC INSTITUTIONS OF
HIGHER LEARNING EMPLOYEES FROM KNOWINGLY AND INTENTIONALLY ADDRESSING AN
UNEMANCIPATED MINOR WHO IS A STUDENT AT THE SCHOOL WHERE THE EMPLOYEE IS
EMPLOYED BY A PRONOUN OR TITLE THAT IS INCONSISTENT WITH THE STUDENT'S SEX, TO
PROTECT EMPLOYEES OF INSTITUTIONS OF HIGHER LEARNING FROM ADVERSE EMPLOYMENT
ACTION FOR DECLINING TO ADDRESS A STUDENT USING A PRONOUN THAT IS INCONSISTENT
WITH THE STUDENT'S SEX, FOR DECLINING TO IDENTIFY HIS PRONOUNS, AND FOR OTHER
REASONS, AND TO REQUIRE THE GOVERNING BODY OF EACH PUBLIC INSTITUTION OF HIGHER
LEARNING TO ADOPT POLICIES CONSISTENT WITH THIS CODE SECTION.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  This act may be cited as the "Free to Speak Act".
SECTION 2.  Article 5, Chapter 1, Title 59 of the S.C. Code is
amended by adding:
    Section
59-1-505.  (A) For the purposes of
this section:
       (1)
"Sex" means a person's immutable biological sex, either male or female.
       (2)
"Female" means an individual who naturally has, had, will have, or, but for a
congenital anomaly or intentional or unintentional disruption, a reproductive
system that at some point in time produces, transports, and utilizes eggs for
fertilization.
       (3)
"Male" means an individual who naturally has, had, will have, or, but for a
congenital anomaly or intentional or unintentional disruption, a reproductive
system that at some point produces, transports, and utilizes sperm for
fertilization.
    (B)
Public school employees shall not:
       (1)
knowingly and intentionally address an unemancipated minor who is a student at
the school where the employee is employed by a pronoun or title that is
inconsistent with the student's sex without the written permission of a
student's parent or guardian;
       (2) be subject to adverse employment action
for declining to:
  (a)
identify his pronouns; or
  (b)
address a student, other public-school employee, or volunteer by a pronoun or
title that is inconsistent with person's sex.
    (C)
Public school students shall not be subject to disciplinary action for
declining to:
       (1)
identify his pronouns; or
       (2)
address a student, public-school employee, or volunteer by a pronoun or a title
that is inconsistent with the person's sex.
    (D) A
person who is harmed by a violation of this section may bring a civil cause of
action against the school district seeking injunctive relief, monetary damages,
reasonable attorney's fees and costs, and other appropriate relief. A cause of
action brought pursuant to this subsection must be brought no later than
twenty-four months after the alleged violation occurred.
SECTION 3.  Article 2, Chapter 101, Title 59 of the S.C. Code is
amended by adding:
    Section
59-101-680.  (A) For the purposes
of this section:
       (1)
"Sex" means a person's immutable biological sex, either male or female.
       (2)
"Female" means an individual who naturally has, had, will have, or, but for a
congenital anomaly or intentional or unintentional disruption, a reproductive
system that at some point in time produces, transports, and utilizes eggs for
fertilization.
       (3)
"Male" means an individual who naturally has, had, will have, or, but for a
congenital anomaly or intentional or unintentional disruption, a reproductive
system that at some point produces, transports, and utilizes sperm for
fertilization.
    (B)
Employees of a public institution of higher learning, including, but not
limited to faculty, adjunct faculty, staff, and administrative staff, shall not
be subject to adverse employment action for declining to:
       (1) identify his pronouns; or
       (2) address a student, other employee of the
public institution of higher learning, or volunteer by a pronoun or title that
is inconsistent with the person's sex.
    (C)
Students of a public institution of higher learning shall not be subject to
disciplinary action for declining to:
       (1)
identify his pronouns; or
       (2)
address a student, employee of the public institution of high learning, or
volunteer by a pronoun or title that is inconsistent with the person's sex.
    (D) A
person who is harmed by a violation of this section may bring a civil cause of
action against the public institution of higher learning seeking injunctive
relief, monetary damages, reasonable attorney's fees and costs, and other
appropriate relief. A cause of action brought pursuant to this subsection must
be brought no later than twenty-four months after the alleged violation
occurred.
SECTION 4.  This act takes effect upon approval
by the Governor.
----XX----
This web page was last updated on February 06, 2025 at 11:32 AM