The "Free to Speak Act" aims to amend the South Carolina Code of Laws by introducing new provisions that restrict how public school and higher education employees address students regarding their gender pronouns. Specifically, the bill prohibits public school employees from knowingly addressing an unemancipated minor by a pronoun or title inconsistent with the student's biological sex without written permission from a parent or guardian. It also protects these employees from adverse employment actions for refusing to use such pronouns or for not identifying their own pronouns. Similar provisions are established for employees and students at public institutions of higher learning, ensuring they cannot face disciplinary actions for declining to use pronouns inconsistent with a person's sex.

Additionally, the bill defines "sex" as a person's immutable biological sex, either male or female, and outlines the definitions of "male" and "female" based on reproductive capabilities. It allows individuals harmed by violations of these provisions to bring civil actions against the respective school districts or institutions, seeking various forms of relief, including monetary damages and attorney's fees, within a two-year timeframe from the alleged violation. The act will take effect upon the Governor's approval.

Statutes affected:
02/06/2025: 59-1-505, 59-101-680
Latest Version: 59-1-505, 59-101-680