LGBT rights in Tennessee

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LGBT rights in Tennessee
Map of USA TN.svg
Tennessee (US)
StatusLegal since 1996
(Campbell v. Sundquist)
Gender identityVital Records Act of 1977
Discrimination protectionsSexual orientation and gender identity in employment since 2020
Family rights
Recognition of relationshipsSame-sex marriage is recognized statewide since 2015
AdoptionLegal since 2007

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.[1]

Recognition of same-sex relationships[]

Main article: Same-sex marriage in Tennessee

Marriage[]

Prior to being overturned, Tennessee recognized neither same-sex marriages nor any other form of legal recognition of same sex-unions. The state banned same-sex marriage both by statute and by constitutional amendment. That ban was overturned by the Supreme Court of the United States on June 26, 2015.

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 The Chattanooga City Council voted to allow domestic partnerships in 2013, but this was repealed by voters in August 2014.[6] However, same-sex marriages have been available throughout Tennessee since the June 2015 Supreme Court ruling overturning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

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.[8][9]

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

Tennessee law does not prohibit discrimination of the basis of sexual orientation and gender identity.[10]

The cities of Knoxville,[11] Memphis,[12] Franklin, Chattanooga[6] and the Metropolitan Area of Nashville and Davidson County[13] 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.[14]

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.[15]

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."[16] 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.[17] 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.[18][19]

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."[20][21]

Athletics[]

On March 26, 2021, Governor Bill Lee signed a bill to ban transgender youth from school athletic sports.[22] The bill had passed the Tennessee Senate on March 1 (the vote was 27-6)[23] and the Tennessee House of Representatives on March 22 (the voice vote was 71-16 with 5 abstentions).[24] The ACLU threatened to sue.[25] 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[26] and HB 1689[27] targeting transgender student athletes. The Senate also had the ability to move SB 1736[28] (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[29] and HB 2827,[30] 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.[31]

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.[32] 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.[33] This law, effective from July 1, legally bans transgender students from using bathrooms within public schools, and it also requires small businesses to post warning signs if they allow transgender people in multiperson bathrooms. If small businesses in Tennessee don't comply the penalty is up to 6 months jail.[34][35][36] This goes farther than the 2016 North Carolina bathroom law that, due to economic and social damage, North Carolina repealed in 2019.[37][38][39][40][41]

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.[42][43][44]

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.[45][46]

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. Nashville DA says his office will not enforce a bathroom sign law

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.” [47]


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.[48][49][50][51][52]

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).[53]

Summary table[]

Same-sex sexual activity legal Yes (Since 1996)
Equal age of consent (18) Yes (Since 1996)
Anti-discrimination laws in Employment Yes (Since 2020)
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)
LGBT Anti-bullying law in schools No/Yes (Only in Nashville and Memphis)
Hate crime laws include sexual orientation Yes
Hate crime laws include gender identity or expression Yes (Implicitly since 2019)[18][19]
Transgender persons in prisons, jails, juvenile detentions, etc. required to be housed according to their gender identity and coverage of transition healthcare X
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 X
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 (highly controversial) Yes (Requires 1-year hormone therapy)
Gender-neutral bathrooms No
Same-sex marriages Yes (since 2015)
Stepchild adoption by same-sex couples Yes
Joint adoption by same-sex couples Yes
Access to IVF for lesbians Yes (Not technically specified)
Surrogacy arrangements legal for gay male couples Yes
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)[54]
Transvestites allowed to serve openly in the military X (Cross-dressing banned in the military since 2012)[55]
Intersex people allowed to serve openly in the military X (Current DoD policy bans "hermaphrodites" from serving or enlisting in the military)[55]
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)[56]
Intersex sex characteristics declassified as a physical deformity Emblem-question.svg
MSMs allowed to donate blood Yes/No (Since 2020, 3 month deferral period - federal policy)[57]

See also[]

References[]

  1. ^ American Psychological Association: Campbell v. Sundquist, 926 S.W.2d 255, accessed April 9, 2011
  2. ^ "Collegedale first TN city to offer benefits to same-sex domestic partners". 5wmctv.com. Aug 6, 2013.
  3. ^ "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.
  4. ^ Cass, Michael. "Metro Council approves domestic partner benefits". The Tennessean.
  5. ^ "Nashville | Mayor Signs Domestic Partner Benefits Into Law". www.nashville.gov.
  6. ^ Jump up to: a b "Chattanooga City Council passes much-debated anti-discrimination ordinance". timesfreepress.com. 2015-07-21. Retrieved 2018-11-15.
  7. ^ Human Rights Campaign: "Tennessee Adoption Law" Archived 2011-06-07 at the Wayback Machine, accessed April 9, 2011
  8. ^ Theresa Waldrop. "Tennessee governor signs bill allowing adoption agencies to reject LGBTQ applicants". CNN. Retrieved 2021-05-31.
  9. ^ "Tennessee governor says he will sign anti-gay adoption bill". NBC News. Retrieved 2021-05-31.
  10. ^ State of Tennessee "Equal Access to Intrastate Commerce Act", accessed June 17, 2016
  11. ^ Witt, Gerald (May 1, 2012). "Knoxville City Council passes anti-discrimination ordinance". Knoxville News Sentinel. Retrieved May 1, 2012.
  12. ^ "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.
  13. ^ "Statement of Non-Discrimination". Metropolitan Government of Nashville and Davidson County. Retrieved April 14, 2012.
  14. ^ Ridley, Jim (May 26, 2011). "By giving his approval to the noxious HB600, Gov. Bill Haslam sells out Tennessee to a far-right agenda". Nashville Scene. Retrieved March 22, 2019.
  15. ^ "Tennessee General Assembly » Legislation (Development)". wapp.capitol.tn.gov. Retrieved 2019-03-15.
  16. ^ "Businesses Can't Fire Trans Employees for Religious Reasons, Federal Appeals Court Rules in Landmark Decision". Slate. March 7, 2018.
  17. ^ Tennessee Hate Crimes Law at Human Rights Campaign.
  18. ^ Jump up to: a b Taylor, Jeff (February 15, 2019). "Tennessee Becomes First Southern State With Hate Crime Protections for Trans People". LOGO News. Retrieved 2021-05-31.
  19. ^ Jump up to: a b [1][dead link]
  20. ^ "Tennessee". National Center for Transgender Equality. Retrieved 2020-05-29.
  21. ^ Aviles, Gwen (24 April 2019). "Trans plaintiffs sue Tennessee to change birth certificate gender". NBC News. Retrieved 2020-05-29.
  22. ^ Hammonds, Rebekah (26 March 2021). "Governor Lee signs anti-trans athlete bill 'to preserve women's athletics'". WTVF. Retrieved 26 March 2021.
  23. ^ Yu, Yue Stella. "Tennessee Senate passes bill barring transgender students from playing high school sports under their gender identity". The Tennessean. Retrieved 2021-05-31.
  24. ^ Whittington, Jordan (2021-03-22). "Bill banning transgender athletes in Tennessee passes House, moves to governor's desk". WZTV. Retrieved 2021-05-31.
  25. ^ "We'll see them in court". Twitter. 26 March 2021. Retrieved 26 March 2021.
  26. ^ "Tennessee General Assembly Legislation". wapp.capitol.tn.gov. Retrieved 2020-05-29.
  27. ^ "Tennessee General Assembly Legislation". wapp.capitol.tn.gov. Retrieved 2020-05-29.
  28. ^ "Tennessee General Assembly Legislation". wapp.capitol.tn.gov. Retrieved 2020-05-29.
  29. ^ "Tennessee General Assembly Legislation". wapp.capitol.tn.gov. Retrieved 2020-05-29.
  30. ^ "Tennessee General Assembly Legislation". wapp.capitol.tn.gov. Retrieved 2020-05-29.
  31. ^ Kruesi, Kimberlee (2021-05-19). "Tennessee Gov. Bill Lee signs ban on gender-confirming treatment into law". WZTV. Retrieved 2021-05-31.
  32. ^ "Tennessee governor signs "indecent exposure" bill, sparking fear about anti-trans harassment". Metro Weekly. May 8, 2019.
  33. ^ Ronan, Wyatt (May 14, 2021). "Tennessee Governor Lee Signs Anti-Transgender Student Bathroom Bill 2.0 into Law". Human Rights Campaign. Retrieved 2021-05-31.
  34. ^ Browning, Bil (May 28, 2021). "Business owners can get 6 months in jail if they don't post sign warning about transgender shoppers". LGBTQ Nation. Retrieved 2021-05-31.
  35. ^ Ronan, Wyatt (May 17, 2021). "Tennessee Gov. Lee Signs Anti-Transgender 'Business Bathroom Bill' into Law". Human Rights Campaign. Retrieved 2021-05-31.
  36. ^ Kruesi, Kimberlee; Mattise, Jonathan (19 May 2021). "Tennessee bill mandating bathroom signs called 'humiliating' for transgender people". The Tennessean. Retrieved 22 May 2021.
  37. ^ Mattise, Jonathan (May 17, 2021). "Tennessee gov signs transgender 'bathroom bill' for schools". ABC News. Retrieved 2021-05-31.
  38. ^ Holmes, Juwan J. (May 15, 2021). "Tennessee enacts law allowing youth a "reasonable accommodation" to avoid trans kids". LGBTQ Nation. Retrieved 2021-05-31.
  39. ^ Ring, Trudy (May 14, 2021). "Tennessee Governor Signs Anti-Trans School 'Bathroom Bill' Into Law". www.advocate.com. Retrieved 2021-05-31.
  40. ^ "Tennessee State Legislature Sends Anti-Transgender 'Business Bathroom Bill' to Gov. Lee's Desk". HRC.
  41. ^ Devan Cole and Veronica Stracqualursi (April 30, 2021). "Tennessee legislature passes bill requiring some businesses to post signs indicating inclusive bathroom policy". CNN. Retrieved 2021-05-31.
  42. ^ Holmes, Juwan J. "Injunction blocks new Tennessee law that requires anti-trans signs on business bathrooms". LGBTQ Nation. Retrieved 2021-07-11.
  43. ^ [2]
  44. ^ [3]
  45. ^ [4]
  46. ^ [5]
  47. ^ Kruesi, Kimberlee (May 24, 2021). "Nashville DA Wont Enforce New Bathroom Law". Associated Press. Retrieved July 18, 2021.
  48. ^ Kelley, Alexandra (May 5, 2021). "Tennessee Gov signs restrictive LGBTQ+ education bill". TheHill. Retrieved 2021-05-31.
  49. ^ "Tennessee Gov. Bill Lee Signs Anti-LGBTQ Education Bill into Law". HRC.
  50. ^ "Tennessee State Legislature Sends Anti-LGBTQ Education Bill to Governor's Desk for Signature". HRC.
  51. ^ "Tennessee General Assembly Legislation". wapp.capitol.tn.gov. Retrieved 2021-05-31.
  52. ^ "Tennessee governor signs bill allowing students to opt-out of LGBTQ material". MyStateline.com. May 5, 2021. Retrieved 2021-05-31.
  53. ^ Hood, Abby Lee (April 28, 2021). "Tennessee Faces Economic Backlash Over Discriminatory Legislation". Tennessee Lookout. Retrieved 2021-05-31.
  54. ^ "Biden reverses Trump ban on transgender people in military". AP NEWS. 2021-01-25. Retrieved 2021-01-26.
  55. ^ Jump up to: a b Military.com. "Medical Conditions That Can Keep You From Joining the Military". Military.com. Retrieved 2021-01-26.
  56. ^ "What Is Gender Dysphoria?". American Psychiatric Association. Retrieved December 31, 2020.
  57. ^ Riley, John (April 2, 2020). "FDA lowers deferral period for donating blood to 3 months for gay and bisexual men". Metro Weekly. Retrieved 2021-05-31.

External links[]

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