Richard Floyd vs. Basil Marceaux: Mudhole Stomper vs. Stopper of Traffic Stops

Republican voters in Hamilton County have an embarrassment of riches, er, um, something in the House District 27 primary.

Richard Floyd vs. Basil Marceaux, (.com?) Sr.

Previously obscure and rightly so, Rep. Floyd emerged onto the national stage after a harrowing experience of reading about a transgender person at a Macy's in Texas, which led him to put forth the police the potty bill.

Despite his new found fame, Floyd is no match on the national stage for Basil Marceaux, who vowed as a gubernatorial candidate to stop traffic stops.  You see, Mr. Marceaux has been on Jimmy Kimmel:

The victor of this bash of the Titans faces Democrat Frank Eaton of Hixson in November.

Early voting in the primary starts on Friday.  Find out more about early voting here.

Upper Cumberland Pride brings celebratory end to the 107th Tennessee General Assembly

"Your eyes don't deceive you. That's a pride celebration in Cookeville, TN with lots of people." said  Nashville Committee Chair Chris Sanders who reposted this picture on Facebook on Saturday. At least one observer from Cookeville beleieved that as many as 1000 people attended the event over the course of the day. 

The Upper Cumberland Committee provided an absolutely amazing LGBT Pride celebration in Cookeville, Tennessee on Saturday - a perfect end to a week of victories and positive news for LGBT people, their families and their allies in Tennessee. Upper Cumberland Pride which was sponsored by TEP Foundation also brought an inspiring end to the legislative session. Traveling back and forth on the road to Cookeville from my home in Memphis gave me some time to reflect on Tennessee Equality Project's efforts to advance and protect the rights of LGBT people and their families in state government. I'm pleased to share that with few exceptions we've done well for Tennessee during the last 5 months of the legislative session

Several members of the 107th Tennessee General Assembly promoted legislation with a far-right social agenda that attacked LGBT people and contradicted conservative ideals of smaller government. Much of that legislation focused "below the belt."

Police the Potty Bill Flushed!

The session began with the "Police the Potty" bill (HB2279) which would have criminalized the use of public restrooms and dressing rooms by transgender people. Rep. Richard Floyd threatened to "stomp a mudhole" through any transgender person he found in a restroom. Public pressure compelled the Senate sponsor to withdraw his version of the bill (SB2282). I can’t remember a lawmaker having this much concern about what’s happening in the stall next to him since Idaho Senator Larry Craig’s infamous troubles in a Minneapolis Airport men’s room. Tennessee Equality Project quickly responded against this bill along with Tennessee Transgender Political Coalition and other allies. No other Senator was willing to file a companion bill, so the legislation could not advance. The death of this bill was our first victory of the session but other lawmakers continued to obsess over what happens below the belt until the end of the session.

It's Still Okay to Say GAY! in Tennessee

Two bills with a rather prurient interest in sex education in public schools advanced this session, but only one passed both houses of the legislature. The "No Hand Holding" bill (HB3621/SB3310) which prohibited the teaching of something called "gateway sexual activity" in public education sought to leave Tennessee's youth with no information about how to protect themselves from unwanted pregnancies and sexually transmitted diseases should they become sexually active. By shifting the emphasis of sex education to "abstinence only," students and parents will now have to go outside public schools for accurate information about vital, life-saving strategies for good health. Tennessee parents deserve more sex education options to choose from in public schools for their children. While the "No Hand Holding" bill became law, other efforts to redefine sex education failed. 

Stacey Campfield's "Don't Say Gay" bill (HB0229/SB0049) passed in the Senate last year and re-appeared on the agenda in the State House this year. In its amended form, the bill would have banned "classroom instruction, course materials or other informational resources that are inconsistent with natural human reproduction" in grades K-8. Tennessee Equality Project fought hard against this bill with a multi-pronged approach that included professional lobbying, mass media, and YouTube videos made by students, parents and educators, visits with lawmakers, attendance at House committee hearings, phone calls, emails, and letters. Our lobbying strategy significantly reduced lawmakers' desire to vote on this bill. But they were also affected, as we all were, by the news of two gay students in Tennessee who completed suicided after enduring anti-gay bullying in school. Many conservative lawmakers began to realize that marginalizing LGBT students with anti-gay and anti-trans legislation would only increase the incidence of bullying in public schools. 

Despite opposition from Governor Bill Haslam, House Speaker Beth Harwell and other House leadership, Rep. Joey Hensley (HB0229's sponsor) continued to push his bill forward in the House. HB0229 advanced with close margins in the House Education Subcommittee and House Education Committee before landing in the House Calendar and Rules Committee. Lawmakers who wanted no part in voting on this legislation never scheduled HB0229 for a floor vote before the House of Representatives adjourned for the year. This victory was hard to win and would not have been possible without the efforts of people like you.

Special Rights for Bullies Defeated!

Many of our supporters will recall the  "License to Bully" bill that appeared early in the session with the full backing of Family Action Council of Tennessee. David Fowler sought to write special protections into state law for students who harassed, intimidated or bullied fellow students based on their "expression of religious, philosophical, or political views." Early in the session, Tennessee Equality Project observed that lawmakers were attempting to place students in double jeopardy with the License to Bully and Don't Say Gay bills. "Students with an anti-gay bias would be free and encouraged to bully LGBTQ students, and teachers and other school staff would be prohibited from speaking about the issue."  The same TEP lobbying strategy used against the Don't Say Gay bill helped keep the License to Bully bill from advancing in the legislature.  Another victory for safe schools and equality in Tennessee!

Gay-Straight Alliances are Here to Stay in Tennessee

Tennessee Equality Project can also declare a victory in protecting the status of Gay-Straight Alliances in public schools throughout the state. In a past legislative session, Sen. Stacey Campfield targeted GSAs by introducing a bill requiring all students to obtain permission to participate in school clubs and activities. The bill would have placed many LGBT or questioning students at risk by forcing them to "come out" to their parents before participating in their school's Gay-Straight Alliance. Schools faced a potential nightmare in trying to manage all the permission slips for students participating in Spanish Club, the Thespian Society, the football team, cheer leading squad. etc. Tennessee Equality Project intervened by persuading the House sponsor to amend the language of the bill (HB2548/SB2488). Rather than require parents to "opt in" their children for school activities and clubs, the bill would give parents the opportunity to "opt out" their children from participating in school activities and clubs. The bill which passed into law essentially maintains the status quo by reinforcing the right of parents to balance their children's extracurricular activities with academic achievement.

Governor Bill Haslam Stands Up to Bullies in His Own Party

We can declare another victory with an education bill vetoed by Governor Bill Haslam. Your calls to the Governor helped give him the extra push he needed. The Governor announced last Wednesday that he would veto the "Anti-All Comers" bill that targeted Vanderbilt University's inclusive non-discrimination policy:

Although I disagree with Vanderbilt’s policy, as someone who strongly believes in limited government, I think it is inappropriate for government to mandate the policies of a private institution.

Supporters of the bill feared that Christian student organizations might elect someone into a leadership position who didn't hold the same beliefs as their group (e.g., LGBT people, Muslims, Jews, atheists, etc.). In reality, Haslam had to veto the amended form of HB3576/SB3597. Last year, he signed HB600/SB632 into law which forbade local governments from enacting laws which extended nondiscrimination provisions to private businesses that exceeded protections defined in state or federal law. The bill overturned a Nashville ordinance protecting LGBT employees of private contractors doing business with local government. Signing HB3576/SB3597 into law would have been a clear argument that Tennessee State Government was not concerned with preventing government interference in private business. Haslam really had no choice but to veto this bill in order to maintain the facade that the his party is the protector of private business' ability to make their own policies.

While Haslam can claim a consistent political philosophy, David Fowler and the Family Action Council of Tennessee cannot. Isn't it interesting that Family Action Council of Tennessee pushed the state legislature to enact HB600/SB632 with a pro-business argument, but pushed HB3576/SB3597 with a pro-religious arguments? With these two bills and the License to Bully bill (HB2548/SB2488), FACT tried to create special rights to discriminate against LGBT for people of faith. We can expect FACT to keep trying this "pro-business" approach in the 108th Tennessee General Assembly.

Knoxville Sends a Clear Message to Stacey Campfield

The prize for most inspiring good news last week goes to the City of Knoxville for enacting an ordinance protecting city employees from discrimination based on sexual orientation, gender identity, ethnicity or disability (characteristics missing from the previous law on the books). Senator Stacey Campfield can't get a break. His Don't Say Gay bill lost, he can't find a restaurant that will serve him in his home town, and he won't find anyone in Knoxville City Government who agrees with his bigotry toward LGBT people (The Knoxville City Council enacted the nondiscrimination ordinance with a unanimous vote). Time to take a hint Senator.

Tennesseans Value Equality, Diversity and Inclusion

The movement for equality and inclusion of LGBT people and their families is gaining ground in Tennessee. It's hard to realize sometimes when you consider the forces of opposition inside and outside our current government. I am persuaded that Tennesseans in the not-so-distant future will look back on the 107th General Assembly and shake their heads in wonderment. "What were they thinking?" they'll ask.

I am confident in my optimism after attending last Saturday's pride event in Cookeville.  Knowing the organizers of the Upper Cumberland Committee as I do, I fully expected to see a good turnout at Dogwood Park for Upper Cumberland Pride. What I encountered was a groundswell of people hungry for change in the rural Upper Cumberland Region of our state. Equality, diversity and inclusion aren't just big city values; they are Tennessee values that are here to stay.

- Jonathan Cole

Will Governor Haslam stand up to the bullies in his own party?

In this week's issue of the Memphis Flyer, Copy Editor Joe Brown calls Tennessee Governor Bill Haslam to task for whining about the media's coverage of embarassing legislation proposed by his party's government. Haslam recently complained that state and local media favor reporting on the bad bills moving through the Tennessee General Assembly over the "good" legislation supported by his administration. I urge you to read the entire column, but I'll quote some of the best passages.

First of all, the legislature is objectively embarrassing. There is no positive way to spin hate. The party mantra of "job creation" not only rings hollow but plainly stinks when compared to the slate of social laws that are pitched every session. What sort of jobs are you people after? Inquisitors?

A man of your privilege should know that educated people who can be depended upon to solve critical problems in medical research, logistics, and higher management don't respond well to xenophobia and witch-hunt politics. If you want the media to stop reporting this tomfoolery, then stand up for educated, well-mannered people who live here and who are horrified and ashamed by the backward and hateful agenda that apparently equates to success in our General Assembly.

The list of legislation with a conservative social agenda in the 107th Tennessee General Assembly is a long one. TEP has actively opposed a number of these bills that directly affect the lives of lesbian, gay, bisexual and transgender people and their families in Tennessee: the "Special Access to Discriminate Act," the "Police the Potty" bill, the "License to Bully" bill, the Anti-GSA School Clubs bill, and the "Don't Say Gay" bill . . . . the list goes on.

Brown later illustrates in his column how anti-LGBT legislation will harm our state's employers:

Anyone who has worked in management in white-collar industry knows that women and gay people are indispensable. This was once made very real to me when I was starting a business here. The potential partner in the concern was an older man, Southern and brusque. He asked me one day in talks, "What do you think of the gays?" As an open-minded child of the New South, I stalled and stuttered wondering what on earth was coming next, when he added, "If I could hire only gays, that's what I would do. They are the best people I can find." He employed many Tennesseans.

Brown understands that businesses cannot afford for the State of Tennessee to create a hostile environment for women and LGBT people without losing valuable employees. The Tennessee General Assembly and Governor Haslam are providing no incentive for talented LGBT professionals or others who want to live in vibrant, diverse communities to remain in or move into the state. Shouldn't the goal of government be to make our state a more attractive place to live and work for all people?

Brown finally warns Governor Haslam of potential consequences if he fails to keep the legislature in check:

Until you stand up to it or openly acknowledge that your party's agenda has become that of seeking lobbying money and riling up hatred, I will fail to take you or your party seriously. I sure as hell won't become a Democrat, but I will hound superstition and political avarice at every turn, because educated people read this paper and others. Their voice deserves a place in our state. Tennessee is becoming a place where educated entrepreneurs and doctors of international renown would feel unwelcome.

The final outcome of the "Don't Say Gay" bill (HB229/SB049) in the House of Representative is still unknown at this writing. HB229 may represent the Governor's last chance during this legislative session to show some backbone as an executive prepared to lead his party and the State of Tennessee. I hope he is up to the task.

- Jonathan Cole

Police the Potty bill flushed?

Has the "Police the Potty" bill
been safely flushed?

In the span of one day, the "Police the Potty" bill (SB2282/HB2279) was filed by State Representative Richard Floyd (R-Chattanooga) and Senator Bo Watson (R-Hixson) and then withdrawn by the Senate sponsor. Earlier in the day, I described how the proposed bill would criminalize the use of restrooms by  transgender people, "parents accompanying their children into a restroom, custodial staff responsible for cleaning restrooms, [and] attendants or family members assisting elderly or disabled people in the restroom."

When asked to defend his House bill, Rep. Floyd stated that he would "stomp a mudhole" in any transgender woman who would trouble his wife or daughters:

I believe if I was standing at a dressing room and my wife or one of my daughters was in the dressing room and a man tried to go in there — I don’t care if he thinks he’s a woman and tries on clothes with them in there — I’d just try to stomp a mudhole in him and then stomp him dry. . . . We cannot continue to let these people dominate how society acts and reacts. Now if somebody thinks he’s a woman and he’s a man and wants to try on women’s clothes, let them him take them into the men’s bathroom or dressing room. Don’t ask me to adjust to their perverted way of thinking and put my family at risk. I’m just sick and tired the way this thing’s been going.

The Urban Dictionary defines "stomp a mudhole" as something so graphic and horrifying that I cannot bring myself to include it here, except by link. To read such violent intent voiced by a State Representative raises serious doubts about the fitness of Rep. Floyd to serve his district and the State of Tennessee.

Within hours of Rep. Floyd's statement, the Senate sponsor of the "Police the Potty" bill withdrew his version of the bill saying:

I understand Rep. Floyd’s passion about the issue, but we have more pressing issues before us that we need to focus our attention on and we don’t need to get sidetracked.

I hope that Senator Watson will take greater care in reviewing the legislation that he is asked to sponsor in the future.

Tennessee Equality Project and many others moved swiftly to attack the viciousness of this bill. While I am grateful for the support of local, state and national advocates who spoke against the Police the Potty bill, we are not yet out of the woods.

The filing deadline for new bills in this session of the legislature is January 26, 2012. There are 32 other senators who may agree to sponsor this bill in the State Senate. Tennessee Equality Project will not rest from its watch until that deadline has passed. In the meantime, be vigilant fellow Tennesseans. The "Police the Potty" bill remains a threat to civil liberties until we can be certain that no one steps forward to sponsor this bill in the Senate.

- Jonathan Cole 

Tennessee lawmakers introduce "Police the Potty" bill

Gotta pee? I'll need to see some ID.

Senator Bo Watson and Rep. Richard Floyd of the Tennessee General Assembly want to know what's going on in the stall next to you in the bathroom. They filed a bill yesterday that seeks to police restrooms and dressing rooms in public buildings. The bill clearly targets transgender people born in the state of Tennessee.

The bill states "where a restroom or dressing room in a public building is designated for use by members of one particular sex, only members of that particular sex shall be permitted to use that restroom or dressing room."

SB2282/HB2279 defines sex as "the designation of an individual person as male or female as indicated on the individual’s birth certificate." Tennessee law already prohibits anyone born in the state from amending their gender on their birth certificate making this law one of the most vicious attack bills ever filed against transgender people in state government.

Violators of the proposed law would be considered guilty of a Class C misdemeanor and fined $50. 

As proposed, the "Police the Potty" bill will harm other Tennesseans too. While this bill clearly targets transgender people born in Tennessee, it could make criminals of parents accompanying their children into a restroom, custodial staff responsible for cleaning restrooms, attendants or family members assisting elderly or disabled people in the restroom. What will it cost the State of Tennessee to hire extra male or female custodial staff to clean public restrooms or security staff to check people's identification before entering a restroom?

With unemployment rates higher than the national average and poor educational outcomes in the State of Tennessee, it's alarming to see lawmakers champion legislation that will only bring unwanted embarrassment to our state. I suppose it's easier for some lawmakers to manufacture a problem, propose an invasive big government "solution", and target a small minority than to actually solve real problems in Tennessee.

- Jonathan Cole