2020 Tennessee Code
Title 1 - Code and Statutes
Chapter 3 - Construction of Statutes
§ 1-3-104. Tense — Gender — Number of Words
- Words used in this code in the past or present tense include the future, and the future tense includes the present.
- Words importing the masculine gender include the feminine and neuter, except when the contrary intention is manifest.
- Singular includes the plural and the plural the singular, except when the contrary intention is manifest.
Code 1858, § 50; Shan., § 62; mod. Code 1932, § 14; modified; T.C.A. (orig. ed.), § 1-304.
Cross-References. English deemed official and legal language, §4-1-404.
Textbooks. Tennessee Jurisprudence, 23 Tenn. Juris., Statutes, § 23.
Attorney General Opinions. Senate Bill 1085/House Bill 1111, 110th Gen. Assem. (2017), which would codify one of the most basic canons of statutory construction, the “ordinary-meaning canon,” could be construed as a violation of the separation-of-powers doctrine embodied in the Tennessee Constitution. In construing certain statutes with gender-limiting words, a court would likely apply the very specific gender-inclusive requirements of T.C.A. §1-3-104(b) rather than the very general “ordinary meaning” requirements of the proposed legislation. OAG 17-29, 2017 Tenn.AG LEXIS 28 (4/13/2017).
