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LGBTQ rights in Tennessee

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This is an old revision of this page, as edited by Snokalok (talk | contribs) at 20:47, 13 November 2022 (→Living conditions: Added trans panic defense). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

LGBTQ rights in Tennessee
Tennessee (US)
StatusLegal since 1996
(Campbell v. Sundquist)
Gender identityblocked by the Vital Records Act of 1977
Discrimination protectionsSexual orientation and gender identity in employment only federally since 2020, enforcement blocked by the Equal Access to Intrastate Commerce Act, and also its enforcement is additionally blocked by a Tennessee court ruling.[1]
Family rights
Recognition of relationshipsSame-sex marriage is recognized statewide since 2015
AdoptionLegal since 2007, cancelled out by religious exemptions

Lesbian, gay, bisexual, and transgender Tennesseans face some legal challenges that non-LGBT Tennesseans do not. Same-sex sexual activity is legal in the state. Marriage licenses have been issued to same-sex couples in Tennessee since the Supreme Court ruling in Obergefell v. Hodges on June 26, 2015.

Sodomy law

The Tennessee Court of Appeals ruled unanimously that the state's sodomy statute was unconstitutional in 1996 in the case of Campbell v. Sundquist.[2]

Recognition of same-sex relationships

Main article: Same-sex marriage in Tennessee

Marriage

Prior to the Obergefell v. Hodges ruling by the U.S. Supreme Court, Tennessee recognized neither same-sex marriages nor any other form of same sex-unions. The state banned same-sex marriage both by statute and by constitutional amendment.

House Bill 1111

Main article: House Bill 1111 (110th General Assembly of the Tennessee General Assembly)

Domestic partnership

Map of Tennessee counties and cities that offer domestic partner benefits either county-wide or in particular cities.
  City offers domestic partner benefits
  County-wide partner benefits through domestic partnership
  County or city does not offer domestic partner benefits

The cities of Collegedale[3] and Knoxville[4] together with the Metropolitan Area of Nashville and Davidson County[5][6] have enacted domestic partnership benefits for same-sex couples. The Chattanooga City Council voted to allow domestic partnerships in 2013, but this was repealed by voters in August 2014.[7] However, same-sex marriages have been available throughout Tennessee since the June 2015 Supreme Court ruling overturning same-sex marriage bans nationwide.

Adoption and parenting

Tennessee allows single persons to adopt children. Same-sex couples may legally adopt in the state. In 2007, the Tennessee Attorney General released an opinion that no state law prohibited adoption by same-sex couples and that such adoptions could be made if in the child's best interest.[8]

In January 2020, the Tennessee General Assembly, returning for its first session of the year, immediately passed a bill to allow adoption and welfare agencies to reject LGBTQ parents if the agency cited its “sincerely held religious beliefs." The exemption would protect the agencies from liability and lawsuits. 11 other US jurisdictions have similar laws. Governor Bill Lee signed the bill into law, and it took effect immediately.[9][10]

Discrimination protections

Further information: LGBT employment discrimination in the United States
Map of Tennessee counties and cities that have sexual orientation and/or gender identity anti–employment discrimination ordinances circa 2016
  Sexual orientation and gender identity solely in public employment
  Sexual orientation in public employment
  Does not protect sexual orientation and gender identity in employment

State and federal

Tennessee law does not prohibit discrimination of the basis of sexual orientation and gender identity.[11] Since 2020, the federal protections stemming from the Supreme Court's rulings in Bostock v. Clayton County and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission have been available in Tennessee.

This was followed in January 2021 by executive orders from the Biden administration, enabling sanctions against schools and colleges that did not follow the directives of the Equal Employment Opportunity Commission or Department of Education on the protection of gay, lesbian and transgender students. Allowed actions against non-complying schools included legal action, civil penalties and withholding of federal funding. Twenty state-attorneys general joined a suit against enforcement of the executive order and on 15 July 15, 2022, a federal judge of the Eastern District of Tennessee issued a preliminary injunction, temporarily preventing the two agencies from enforcing their directives under the presidential order. The federal discrimination protections still apply in all twenty states, only the specific enforcements outlined in the executive order are temporarily blocked, pending continuing legal proceedings.[12][13]

Local

The cities of Knoxville,[14] Memphis,[15] Franklin, Chattanooga[16] and the Metropolitan Area of Nashville and Davidson County[17] have ordinances prohibiting discrimination in public employment on the basis of sexual orientation and gender identity, but these ordinances do not apply to private employers.[18] The Equal Access to Interstate Commerce Act blocks this from being enforced.

HB 563

This "local preemption" bill would prevent government agencies from examining a business's anti-discrimination policies when deciding whether to hire that business for a taxpayer-funded contract. A scheduled vote in the Tennessee House was rescheduled from March 14, 2019 to March 21.[19]

Equal Access to Intrastate Commerce Act

Main article: Equal Access to Intrastate Commerce Act

Senate Bill 1556

Main article: Senate Bill 1556 (109th General Assembly of the Tennessee General Assembly)

EEOC v. R.G. & G.R. Harris Funeral Homes

On March 7, 2018, the United States Court of Appeals for the Sixth Circuit (covering Kentucky, Michigan, Ohio and Tennessee) ruled that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination against transgender people under the category of sex. It also ruled that employers may not use the Religious Freedom Restoration Act to justify discrimination against LGBT people. Aimee Stephens, a transgender woman, began working for a funeral home and presented as male. In 2013, she told her boss that she was transgender and planned to transition. She was promptly fired by her boss who said that "gender transition violat[es] God's commands because a person's sex is an immutable God-given fit."[20] With this decision, discrimination in the workplace based on gender identity is now banned in Tennessee. An appeal to the case is set to be heard by the Supreme Court in the 2019 term under R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission.

Hate crime law

Tennessee law has punished hate crime on the basis of sexual orientation since 2001, but the law does not include gender identity, though it is covered by federal law.[21] It was reported by the Tennessee Attorney-General in February 2019 that hate crime laws implicitly cover gender identity, because gender or sex is explicitly covered in Tennessee hate crime legislation - a legal first for a southern US state.[22] However, this is the legal opinion of one political official and it's not officially in law.

Gender identity and expression

Further information: Vital Records Act of 1977

Identity documents

In 1977, the Tennessee state legislature prohibited the state from altering the sex on a birth certificate. According to the Tenn. Code Ann. § 68-3-203(d): “The sex of an individual shall not be changed on the original certificate of birth as a result of sex change surgery."[23][24]

Athletics

On March 26, 2021, Governor Bill Lee signed a bill to ban transgender youth from school athletic sports.[25] The bill had passed the Tennessee Senate on March 1 (the vote was 27-6)[26] and the Tennessee House of Representatives on March 22 (the voice vote was 71-16 with 5 abstentions).[27] The ACLU threatened to sue.[28] Mississippi, Arkansas, Alabama, West Virginia and Idaho have similar laws.

Previous efforts

When the Tennessee state legislature reconvened in May 2020 during the coronavirus health crisis, the House moved HB 1572[29] and HB 1689[30] targeting transgender student athletes. The Senate also had the ability to move SB 1736[31] (its version of HB 1689), as this had been under consideration before the Legislature adjourned in March.

Medical care

In March 2020, before the House adjourned during the coronavirus health crisis, it had been considering HB 2576[32] and HB 2827,[33] targeting medical care for transgender youth. In May 2021, the Governor Bill Lee signed into law effective immediately and passing the Tennessee General Assembly a puberty blockers ban on pre-adolescent children (usually under 13 or 14 years old). Arkansas has a similar law, but it applies to anyone under 18 years old.[34]

Bathrooms

On May 2, 2019, Tennessee governor Bill Lee signed into law legislation defining a trans person using the bathroom corresponding with their gender identity as "indecent exposure." The Tennessee Equality Project had complained about the bill's original language, and although that language was altered before it became law, the organization still believed the bill was harmful to trans people.[35]

In May 2021, another “bathroom bill 2.0” for Tennessee school students and small businesses was passed and signed into law by the Tennessee General Assembly and Tennessee Governor Bill Lee.[36] It banned transgender students from using bathrooms within public schools and required small businesses to post warning signs if they allow transgender people in multiperson bathrooms. Small-business owners faced up to 6 months jail for noncompliance.[37][38][39] This went farther than the 2016 North Carolina bathroom law that, due to economic and social damage, North Carolina repealed in 2019.[40][41][42][43][44] Although Tennessee's law took effect on July 1, 2021, a federal judge placed an injunction on it on July 9 and later struck it down entirely in May 2022, partly on the grounds that it violated business owners' First Amendment rights.[45][46]

Injunction

In July 2021, a federal judge with an injunction immediately stopped the Tennessee "bathroom signs law" within small businesses - from going into legal effect. Other lawsuits and appeals within state and federal courts are pending awaiting outcomes.[47][48][49]

Public school bathroom lawsuits

In August 2021, several lawsuits were filed in both state and federal courts and to also "sue the whole state of Tennessee" - to put a stop the enforcement of the public school bathroom law within Tennessee that went into effect on July 1.[50][51]

Nashville District Attorney General Glenn Funk Says His Office Will Not Enforce Hate

In May 2021, Nashville Davidson County business owners and citizens learned they would not be subjected to criminal prosecution if they refused to comply with the transgender bathroom sign bill because District Attorney General Glenn Funk said his office would not dedicate any resources to enforcing the legislation he called hateful and harmful.[52]

DA Funk released the following statement about the legislation:

“I believe every person is welcome and valued in Nashville,” Nashville District Attorney General Glenn Funk said in a statement. “Enforcement of transphobic or homophobic laws is contrary to those values. My office will not promote hate.” [53]

Transgender sports and pronouns bans

In April 2022, a further two bills was passed by the Tennessee General Assembly. The Governor of Tennessee Bill Lee is yet to either sign or veto any of the two bills. The first bill legally "bans the usage of student pronouns by teachers within Tennessee school classrooms, and to also prevent any litigation against individuals within courts of the usage of those pronouns" and the second bill legally "bans transgender individuals playing any sports, athletics and/or Olympics within Tennessee colleges" (not just schools, removing a loophole).[54][55]

Presence on public property and/or around children

In November 2022, the Tennessee General Assembly prefiled a bill to redefine the legal definition of "adult cabaret performance" to ban any "male or female impersonators" from any public property or anywhere they could be seen by someone who's not an adult, under criminal penalty. Instructor Alejandra Caraballo of Harvard Law School was quoted as saying the bill could easily "be applied to trans people for simply existing as themselves", and that "They’re not just going after drag queens, they are trying to criminalize trans and queer people in public spaces".[56]

Living conditions

LGBT are often discriminated against,[57] refused service,[58] and beaten.[59][60][61][62] Attackers who fatally wound LGBT people could use the gay/trans panic defense to lower or eliminate punishment.[63] Often police and legal officials are sympathetic towards the anti-LGBT aggressors and turn a blind eye to attacks[64] often calling homosexual attractions a sin.[65]

Mandatory parental permission opt-in law

In April 2021, a bill passed the Tennessee General Assembly that legally requires mandatory parental permission opt-in - before their child or children is being taught about "sexual orientation and gender identity sex education subject curriculum choices and theories" within classrooms in all Tennessee public schools. The Governor of Tennessee Bill Lee signed the bill into law in May 2021 - becomes effective July 1.[66][67][68][69][70]

Economic impact on Tennessee

In April 2021, it was reported that widespread economic and social impacts on Tennessee could be felt - due to the amount of anti-LGBT bills and laws within Tennessee (like a similar situation back in 2016 within North Carolina regarding the bathroom laws).[71]

Summary table

Same-sex sexual activity legal Yes (Since 1996)
Equal age of consent (18) Yes (Since 1996)
Anti-discrimination laws in employment Federally protected since SCOTUS 2020 ruling in the Bostock v. Clayton County case
Anti-discrimination laws in housing No (Prohibited by the Equal Access to Intrastate Commerce Act since 2011)
Anti-discrimination laws in public accommodations No (Prohibited by the Equal Access to Intrastate Commerce Act since 2011)
Anti-discrimination laws in the provision of goods and services No (Prohibited by the Equal Access to Intrastate Commerce Act since 2011)
Anti-discrimination laws in schools and colleges No (Prohibited by the Equal Access to Intrastate Commerce Act since 2011) also even though it's federal law the enforcement is also blocked by a Tennessee judge[72]
LGBT Anti-bullying law in schools No (Only in Nashville and Memphis) (Prohibited by the Equal Access to Intrastate Commerce Act since 2011)
Hate crime laws include sexual orientation No (Only in Nashville and Memphis) (Prohibited by the Equal Access to Intrastate Commerce Act since 2011)
Hate crime laws include gender identity or expression No One legal opinion claims it's protected, but this is just an opinion, it's not officially put in law.
Transgender persons in prisons, jails, juvenile detentions, etc. required to be housed according to their gender identity and coverage of transition healthcare No
Gender confirmation surgery, puberty blockers, hormone replacement therapy and other transition-related healthcare for transgender people required to be covered under health insurance and state Medicaid policies No
Transgender people allowed to use restrooms and other gender-segregated spaces that correspond with their gender identity No (HB 1151, passed in 2019, Defines a trans person using the bathroom or locker-room of their gender identity as "indecent exposure" and technically makes transgender people using the bathroom of their gender identity a Class B Misdemeanor)
Transgender people allowed to participate in the sport of their gender identity No Blocked by Law SB 0228 [73]
Gender-neutral bathrooms No
Same-sex marriages Yes (since 2015)
Stepchild adoption by same-sex couples No Yes, blocked by moral exemptions allowing LGBT to be rejected for religious reasons
Joint adoption by same-sex couples No Yes, blocked by moral exemptions allowing LGBT to be rejected for religious reasons
Access to IVF for lesbians No
Surrogacy arrangements legal for gay male couples No Yes, blocked by moral exemptions allowing LGBT to be rejected for religious reasons
Lesbian, Gay, and Bisexual people allowed to serve openly in the military Yes (Since 2011)
Transgender people allowed to serve openly in the military Yes (Since 2021)[74]
Transvestites allowed to serve openly in the military No (Cross-dressing banned in the military since 2012)[75]
Intersex people allowed to serve openly in the military No (Current DoD policy bans "hermaphrodites" from serving or enlisting in the military)
Right to change legal gender Yes
Third gender option No
LGBT education No
Gay panic defense abolished No
Conversion therapy banned No
Intersex minors protected from invasive surgical procedures No
Homosexuality declassified as a mental illness Yes (Since 1973)
Transgender identity declassified as a mental illness No (Reclassified as "gender dysphoria" under DSM-5 since 2013, and diagnosis of gender dysphoria is usually required in order to access transition care)[76]
Intersex sex characteristics declassified as a physical deformity No
MSMs allowed to donate blood Yes/No (Since 2020, 3 month deferral period - federal policy)[77]

See also

References

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  2. ^ "Campbell v. Sundquist 926 S.W.2d 255". American Psychological Association. Retrieved September 28, 2021.
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  4. ^ "Knoxville expanding employee benefits to same-sex, domestic partners". WBIR. October 17, 2013. Archived from the original on October 20, 2013. Retrieved October 22, 2013.
  5. ^ Cass, Michael. "Metro Council approves domestic partner benefits". The Tennessean.
  6. ^ "Nashville | Mayor Signs Domestic Partner Benefits Into Law". www.nashville.gov.
  7. ^ "Chattanooga City Council passes much-debated anti-discrimination ordinance". timesfreepress.com. 2015-07-21. Retrieved 2018-11-15.
  8. ^ "Tennessee Adoption Law". Human Rights Campaign. December 14, 2009. Archived from the original on June 7, 2011.
  9. ^ Theresa Waldrop (25 January 2020). "Tennessee governor signs bill allowing adoption agencies to reject LGBTQ applicants". CNN. Retrieved 2021-05-31.
  10. ^ "Tennessee governor says he will sign anti-gay adoption bill". NBC News. Retrieved 2021-05-31.
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  15. ^ "Memphis includes gays under anti-discrimination". OutSmart. October 18, 2012. Retrieved September 28, 2021. The Memphis City Council has included sexual orientation and gender identity in an ordinance that bans discrimination in city hiring.
  16. ^ Brogdon, Louie (July 21, 2015). "Chattanooga City Council passes much-debated anti-discrimination ordinance". Chattanooga Times Free Press. Retrieved September 28, 2021.
  17. ^ "Statement of Non-Discrimination". Nashville.gov. Retrieved September 29, 2021.
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  56. ^ Wells, VS. "New Tennessee bill banning 'male or female impersonators' in public could criminalize drag performers and trans people".
  57. ^ "Cracker Barrel bans an anti-gay pastor from holding an event in one of its stores". CNN. 19 June 2019.
  58. ^ "Tenn. Clerks told not to marry gay couples in letter from anti-LGBTQ lawyer". 8 January 2020.
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  63. ^ "The Gay/Trans Panic Defense: What It is, and How to End It".
  64. ^ "Anti-gay prosecutor under investigation for bias won't prosecute death of gay teenager".
  65. ^ "Tennessee cop Grayson Fritts under investigation for preaching that the government should execute LGBTQ people - The Washington Post". The Washington Post.
  66. ^ Kelley, Alexandra (May 5, 2021). "Tennessee Gov signs restrictive LGBTQ+ education bill". TheHill. Retrieved 2021-05-31.{{cite web}}: CS1 maint: url-status (link)
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  71. ^ Hood, Abby Lee (April 28, 2021). "Tennessee Faces Economic Backlash Over Discriminatory Legislation". Tennessee Lookout. Retrieved 2021-05-31.{{cite web}}: CS1 maint: url-status (link)
  72. ^ "Tennessee Federal Judge Blocks Biden Administration LGBTQ Protections".
  73. ^ "SB 0228". Tennessee General Assembly. 2021. Retrieved September 28, 2021.
  74. ^ Baldor, Lolita C; Miller, Zeke (January 25, 2021). "Biden reverses Trump ban on transgender people in military". AP NEWS. Retrieved September 28, 2021.
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  76. ^ "What Is Gender Dysphoria?". American Psychiatric Association. Retrieved September 29, 2021.
  77. ^ Allyn, Bobby (April 2, 2020). "FDA Loosens Restrictions On Gay Blood Donors Amid 'Urgent Need' caused By Coronavirus". NPR. Retrieved September 29, 2021.
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