The Day the Tide Turned: August 18, 2009

Two years ago on August 18, things changed in Tennessee. Two years ago on that night, I knew the movement for equality was finally going somewhere.

Two years ago on August 18, a non-discrimination ordinance that included both sexual orientation and gender identity passed a critical second reading in Nashville's Metro Council. And it was the first time that ever happened in our state. Introduced by Councilwoman At-Large Megan Barry (pictured right the night it passed on third reading) and several other sponsors, the bill went through with a few bumps but relatively unscathed. But by the end of the night we knew we were close to victory. That night set the stage for so many things to come well beyond September 25 when Mayor Karl Dean signed the NDO into law.

Realizing the NDO's Potential: Fast forward to late November/early December 2010. We began hearing reports that Belmont University was, to put it mildly, having difficulties dealing with their lesbian soccer coach,Lisa Howe, who had announced that she and her partner were having a baby. Given Metro's relationship with Belmont and some of with its key leaders a period of anguished public soul-searching began in Nashville that resulted in Council Members Jamie Hollin, Erica Gilmore, and Mike Jameson filing the Contract Accountability Non-Discrimination Ordinance that finally passed on April 5 of this year. Along the way Mayor Karl Dean instructed Metro's boards and commissions to update their non-discrimination policies to include sexual orientation and gender identity. But both developments were predicated on the principle enunciated in the 2009 non-discrimination ordinance for Metro government employees. It was the foundation of both advances.

Gathering Storm: More ominous developments were brewing, too, which promised to take the debate statewide. Fast on the heels of the CAN DO bill's introduction, Family Action Council of Tennessee, Rep. Glen Casada, and some Evangelical members of the business community gathered at LifeWay to develop strategies to undo CAN DO. Rep. Casada proposed three bills, but ended up running the infamous HB600 that eventually passed and was signed by Governor Bill Haslam. But that would not be the whole story. In the process, Tennessee's four largest cities for the first time actively lobbied against an anti-equality bill. The Tennessee Chamber of Commerce was forced to reverse its position on the bill because of a national outcry assisted considerably by the work of Garden State Equality and Americablog. The Shelby County Commission and several local lawmakers from around the state also opposed the bill. People across the state, across the country took sides on the issue of job discrimination in Tennessee.

Going to Court: Informal discussions of a court challenge emerged in January when the HB600 was introduced. In June Abby Rubenfeld filed suit on behalf of several plaintiffs including Lisa Howe and three members of the Metro Council. But the question of how involved Metro would be in an official capacity lingered. Now we have the answer. This week the Metro Council passed Councilwoman Kristine LaLonde's non-binding resolution asking the Metro Law Department to file an amicus brief in support of the lawsuit. The following day, the City Paper's Joey Garrison reported that the Metro Law Department will file such a brief putting the Metropolitan Government squarely in the fight against the discriminatory state law.

What's Next?: We couldn't have predicted all the potential, both good and bad, that warm August night held two years ago. The passage of HB600 was definitely a low point in the battle for equality in Tennessee. But it's only a pause on the journey that started with Metro BL2009-502. The power of what started with the NDO is not nearly spent. The coalition that came together to pass that ordinance has grown stronger and the conversation continues to expand throughout Tennessee.

-Chris Sanders

Politicos come out to celebrate Metro NDO at Nashville Victory Toast

It was a great night for politicking in Nashville as the GLBT community and allies came together to celebrate the first anniversary of the passage of the Metro non-discrimination ordinance.

Vice Mayor Diane Neighbors, Sen. Douglas Henry, Rep. Sherry Jones, Council Members at-large Megan Barry and Ronnie Steine, district Council Members Emily Evans, Erica Gilmore, Sean McGuire, Jason Holleman, Kristine LaLonde, Sandra Moore, and Sam Coleman (also a candidate for House district 60) joined the crowd Wednesday evening to mark a milestone in the history of Tennessee's zig-zagging path to equality.

I was particularly glad to see Sen. Henry and Councilman Coleman reach out to the community at this event. It was a great opportunity to extend the dialogue with these two officials.

Additionally, Metro Council candidates Nancy VanReece for district 4 and Pete Westerholm for district 6 stopped by.

It was a good night for reflecting on the last year and building toward advances of the future.

Jobs Agenda, Equality Agenda

Marriage grabs all the headlines when it comes to so-called "gay rights" in the mainstream media. It's understandable. Relationships matter. Legally sanctioned relationships confer protections, rights, responsibilities, benefits, etc. They connect us deeply and that's why the symbolic warfare around them is so intense.

What doesn't get covered nearly often enough is the jobs agenda of the equality movement. Can you remember any story in a major Tennessee newspaper about the Employment Non-Discrimination Act in the last year? But there are some real opportunities to connect with moderate and even conservative Tennesseans on workplace equality.

Jobs are #1 for Tennesseans: The Tennessee Newspaper Network hired Mason-Dixon to conduct a poll on the priorities of the state's voters. The number one priority is jobs/economy. Only one percent of those responding saw family values, "gay rights," and the like as the most important issue. Because "gay rights" is so often defined as marriage, the majority of Tennesseans are going to continue either to oppose "gay rights" or to place our equality really far down the scale.

Dead letter until the courts get involved: Maybe it's just my opinion, but marriage equality is a dead letter in Tennessee until the courts get involved. We've got a state statute and a constitutional amendment defining marriage as one man and one woman. Given the proclivity of our state's GLBT community to send more money out of state to fight for equality than to invest it in Tennessee's fight, I don't see how it would be possible to raise enough PAC money and organize to repeal the constitutional amendment and the statute.

Straight voters and elected officials see a distinction: When given the opportunity, many straight voters and elected officials who may not support (or publicly support) marriage equality can support workplace protections from discrimination based on sexual orientation and gender identity. When TEP was working on the Metro Nashville non-discrimination ordinance, our opponents tried to make the issue about marriage. They even put stick figures holding hands on the stickers they wore into the Council hearings on the bill. But Council Members and the majority of the citizens in Nashville didn't buy it.

In fact, the justification for job protections rolls easily off the tongue. Consider what Memphis City Council Member Janis Fullilove said in an interview about the Memphis non-discrimination ordinance: "Every person has a right to make a living for his or her family or for themselves." We think that's a phrase that needs to roll off the tongues of more elected officials in Tennessee. We look forward to giving them that opportunity as we pursue more non-discrimination measures around the state.

Economic Development and Workplace Equality: Changing the law at the local, state, and federal levels to enshrine workplace protections is essential to any jobs agenda worth its salt, but it's not the only piece of the puzzle. Until we can get everyone in Tennessee and throughout the country covered, the GLBT community should take more of an interest in the economic development of our state. By recruiting Volkwagen to Chattanooga, Governor Bredesen may have done more for equality in Southeast Tennesssee than anyone ever has. Volkswagen scores a 100% on the Human Rights Campaign's 2010 Corporate Equality Index. Good paying jobs where you can be yourself and have benefits for your family are nothing short of a God-send in this very socially conservative part of Tennessee. Attracting these kinds of companies to Tennessee will help pave the way for lasting structural equality in our state.

A jobs agenda can be a winning equality agenda for Tennessee.

-Chris Sanders

GLBT representation grows on Davidson Co Democratic Party Exec Committee

Congratulations to Nancy VanReece and Ryan Ellis, two of the newest members of the GLBT community to hold seats on the Davidson County Executive Committee. The two were selected at last night's meeting. VanReece serves as the District 4 committeewoman and Ellis serves as the District 29 committeeman. Both were TEP district captains of their respective districts in the 2009 effort to pass the Metro non-discrimination ordinance. Ellis is the incoming Vice President of TEP.

They join Shane Burkett, committeeman for District 12, and Marisa Richmond, committeewoman for District 23, on the executive committee--both of whom were on the ballot in the recent Davidson County Primary.