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LGBTQ rights in Tennessee

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LGBTQ rights in Tennessee
Tennessee (US)
StatusLegal since 1996
Gender identityState does not alter sex on birth certificates for transsexual people
Discrimination protectionsNone statewide
Family rights
Recognition of relationshipsNone statewide
RestrictionsSame-sex marriage banned by the state constitution
AdoptionNo restrictions

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Tennessee face legal challenges non-LGBT residents do not. Same-sex sexual activity is legal in Tennessee. Same-sex couples and families headed by same-sex couples are not eligible for all the protections available to opposite-sex married couples.

Sodomy law

The Tennessee Court of Appeals ruled the state's sodomy statute unconstitutional in 1996 in the case of Campbell v. Sundquist.[1]

Recognition of same-sex relationships

Main article: Recognition of same-sex unions in Tennessee
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

Tennessee does not permit the issuance of marriage licenses to same-sex couples. The state forbids, both by statute and in its constitution, the recognition of same-sex marriages and other forms of same-sex partnership solemnized in other jurisdictions. The constitutional amendment defining marriage was approved by 81% of voters in a referendum in November 2006.[2]

In March 2013, the Tennessee Senate voted 32-0 in favor of the resolution SJR 134, which makes August 31 "Traditional Marriage Day" in Tennessee. In April 2013, the Tennessee House of Representatives voted 89-0 in favor of the resolution. In May 2013, Governor Bill Haslam signed the resolution into law.[3]

Currently the cities of Chattanooga,[4] Collegedale[5] and Knoxville[6] have enacted domestic partnership benefits for same-sex couples. All are scheduled to go into effect in 2014.

Tanco v. Haslam

Main article: Tanco v. Haslam

On October 21, 2013, four Tennessee same-sex couples lawfully married in New York or California filed a complaint, Tanco v. Haslam, in the U.S. District Court for the Middle District of Tennessee, seeking to require Tennessee to recognize their out-of-state marriages. The first-named-defendant in the case is Governor Bill Haslam. The case was assigned to District Judge Aleta Trauger.[7] On November 19, 2013, the plaintiff same-sex couples filed a motion for preliminary injunction, which Judge Trauer granted on March 14, 2014, with respect to the three plaintiffs couples only.[8][9] The state asked the Sixth Circuit Court of Appeals to lift that injunction.[10] On March 20, 2014, Judge Trauger denied that motion. Tennessee Attorney General Robert E. Cooper, Jr. asked the Sixth Circuit Court of Appeals to lift that injunction.[10]

Public opinion

A March 2013 poll by Middle Tennessee State University showed 62% of respondents oppose same-sex marriage, with 28% in support.[11]

A May 2013 poll by Vanderbilt University survey of Tennessee registered voters found that 49% of Tennessee voters supported the legal recognition of same-sex couples, with 32% supporting same-sex marriage, 17% supporting civil unions but not marriage, 46% favoring no legal recognition, 3% said they don't know, and 2% refused to answer. It also found that 69% of Tennessee voters under the age of 30 supported the legal recognition of same-sex couples.[12] A separate question on the same survey found that 62% of Tennessee voters supported domestic partner benefits for same-sex couples, 31% opposed, 4% said they don't know, and 2% refused to answer.[13]

Adoption and parenting

Tennessee allows single persons to adopt children. The state has no explicit prohibition on adoption by same-sex couples or second-parent adoptions.[14]

Discrimination protection

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
  Sexual orientation and gender identity solely in public employment
  Does not protect sexual orientation and gender identity in employment

Tennessee law does not punish discrimination based on gender identity or sexual orientation.[15] In May 2011, Governor Bill Haslam signed the "Equal Access to Intrastate Commerce Act" into law. The act overrides an ordinance passed earlier in the year by Nashville's Metropolitan Council that required city contractors to include sexual orientation and gender identity in their anti-discrimination policies. It also blocks any local unit of government from requiring that companies bar discrimination on any basis not already covered by state law.[16]

Despite this the cities of Chattanooga,[17] Knoxville[18] Memphis,[19] and Nashville,[20] along with Davidson County[20] have ordinances prohibiting discrimination on the basis of sexual orientation or gender identity.

The Tennessee Board of Regents[21] has established a policy of non-discrimination with regard to sexual orientation and gender identity in employment and for students, while the University of Tennessee System[22][23][24][25][26] covers sexual orientation only.

Hate crime

Tennessee law has punished hate crimes based on sexual orientation since 2001, but the law does not include hate crimes based on gender identity.[27]

Gender reassignment

In 1977, the Tennessee state legislature passed a birth certificate statute that prohibits the state from altering the sex on birth certificates for transsexual people.[28]

Summary table

Same-sex sexual activity legal Yes (since 1996)
Equal age of consent Yes
Anti-discrimination state laws for sexual orientation No
Anti-discrimination state laws for gender identity or expression 15px|Yes/[Image:X mark.svg|15px|No Yes and no. It only covers employing state employees in certain cities
Hate crime laws include sexual orientation 15px|Yes/[Image:X mark.svg|15px|No Yes and no. It only covers employing state employees in certain cities
Hate crime laws include gender identity or expression 15px|Yes/[Image:X mark.svg|15px|No Yes and no. It only covers employing state employees in certain cities
Recognition in state law of same-sex couples as domestic partners 15px|Yes/[Image:X mark.svg|15px|No Yes and no. Benefits are given in a few cities
Step adoption by same-sex couples Yes Joint adoption by same-sex couples

Not technically specified

Access to IVF for lesbians Not technically specified
Same-sex marriages No
MSMs allowed to donate blood No

See also

References

  1. ^ American Psychological Association: Campbell v. Sundquist, 926 S.W.2d 255, accessed April 9, 2011
  2. ^ New York Times: Monica Davey, "The 2006 Elections: Ballot Initiatives," November 9, 2006, accessed April 9, 2011
  3. ^ "SJR 134". Open:States.
  4. ^ "City Council Passes Controversial Domestic Partners Ordinance". chattanoogan.com. November 12, 2013.
  5. ^ "Collegedale first TN city to offer benefits to same-sex domestic partners". 5wmctv.com. Aug 6, 2013.
  6. ^ "Knoxville expanding employee benefits to same-sex, domestic partners". WBIR. October 17, 2013.
  7. ^ "4 same-sex couples sue Tennessee over gay marriage". USA Today. October 21, 2013. Retrieved November 19, 2013.
  8. ^ "Court: Tenn. must recognize 3 same-sex marriages". The Manchester Guardian Online. March 14, 2014.
  9. ^ "Memorandum (Opinion on Motion for Preliminary Injunction), Tanco v. Haslam". U.S. District Court (No. 3:13-cv-01159, M.D. Tenn.). March 14, 2014.
  10. ^ a b Hall, Heidi (March 18, 2014). "TN attorney general to appeal same-sex marriage ruling". WBIR. Retrieved March 19, 2014.
  11. ^ "Poll: 62 percent in Tennessee against gay marriage". The Knoxville News Sentinel. March 5, 2013.
  12. ^ "In Tennessee, Gay Marriage Has Young Doubting Republicans". Bloomberg. Jun 3, 2013.
  13. ^ "END OF LEGISLATIVE SESSION 2013" (PDF). Vanderbilt University. May 14, 2013.
  14. ^ Human Rights Campaign: "Tennessee Adoption Law", accessed April 9, 2011
  15. ^ Williams Institute: "Tennessee – Sexual Orientation and Gender Identity Law and Documentation of Discrimination," September 2009, accessed April 9, 2011
  16. ^ Gov. Haslam reverses Nashville's anti-discrimination law, May 23, 2011. The Tennessean.
  17. ^ Morton, David (November 12, 2013). "Chattanooga City Council approves domestic partner benefits". nooga.com. Retrieved November 13, 2013.
  18. ^ Witt, Gerald (May 1, 2012). "Knoxville City Council passes anti-discrimination ordinance". Knoxville News Sentinel. Retrieved May 1, 2012. {{cite news}}: Italic or bold markup not allowed in: |publisher= (help)
  19. ^ "Memphis includes gays under anti-discrimination". Knoxville News Sentinel. Associated Press. October 17, 2012. Retrieved October 17, 2012. The Memphis City Council has included sexual orientation and gender identity in an ordinance that bans discrimination in city hiring. {{cite news}}: Italic or bold markup not allowed in: |publisher= (help)
  20. ^ a b "Statement of Non-Discrimination". Metropolitan Government of Nashville and Davidson County. Retrieved April 14, 2012.
  21. ^ "Discrimination & Harassment - Complaint & Investigation Procedure : P-080". Tennessee Board of Regents. Retrieved 2013-10-22.
  22. ^ "EEO/AA Statement /Non-Discrimination Statement". University of Tennessee. Retrieved 2013-10-22.
  23. ^ "File a Complaint". University of Tennessee at Chattanooga. Retrieved 2013-10-22.
  24. ^ "Office of Equity & Diversity". University of Tennessee at Martin. Retrieved 2013-10-22.
  25. ^ "UTHSC Office of Equity and Diversity". University of Tennessee Health Science Center. Retrieved 2013-10-22.
  26. ^ "EEO/AA Statement /Non-Discrimination Statement" (PDF). University of Tennessee Space Institute. Retrieved 2013-10-22.
  27. ^ Tennessee Hate Crimes Law at Human Rights Campaign.
  28. ^ "Transgender Legal History". translegalhistory.info. Retrieved 2013-10-22.
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