House Joint Resolution 5, sponsored by Behn, proposes an amendment to Article I of the Tennessee Constitution to ensure that equality of rights under the law cannot be denied or abridged by the state or any state instrumentality based on sex. This resolution aims to formally enshrine gender equality in the state's constitution, reinforcing the principle that all individuals should have equal rights regardless of their sex.

The resolution requires a majority vote from both houses of the Tennessee General Assembly to proceed and suggests that the proposed amendment be referred to the next legislative session, the One Hundred Fifteenth General Assembly. Additionally, it mandates the publication of the amendment on the official websites of the Secretary of State and the General Assembly, and directs the Clerk of the House to deliver a copy of the resolution to the Secretary of State for further action.