Lt. Gov. appoints former legislator who tried to ban adoption by gays to judicial commission

Lt. Governor Ron Ramsey announced the appointment of former State Representative Chris Clem to the Judicial Performance Evaluation Commission. 

As a legislator, Clem was quite the culture warrior, even trying to ban adoption by gays and lesbians.  And this was back in the day when they explicitly tried to pass an adoption ban.  There was no beating around the bush with language like "no unmarried individuals" in those days. 

According to Tom Humphrey's piece linked above:

"The Judicial Performance Evaluation Commission reviews the performance of appellate judges using surveys, interviews and other information, as required by law. The Commission uses these evaluations to publish a report in which the Commission recommends appellate judges for retention or replacement. Of the nine members of the Commission, two are appointed by the Speaker of the Senate, two are appointed by the Speaker of the House and five are appointed by the Judicial Council.
Among the qualities the commission looks for in the judges are integrity, knowledge and understanding of the law, an ability to communicate, preparation and attentiveness, service to the profession, effectiveness in working with other judges and court personnel."

Let's hope the former representative's views have evolved or at least don't overly color his evaluation of judges.  Given the week we've had of county Republican parties complaining about gay state employees, this is not a good sign. 

Why it should be stupid for the TN GOP to push the adoption issue

It's a good thing at a number of levels that I'm not running for governor because when issues like adoption get brought up I'd be tempted to go for overkill in fighting back. I'd make points that the electorate would only be able to follow if they had been paying attention all along. And I'd probably come across as a smart ass and lose for winning.

But I'm not running for governor. So here's my full response on why it's stupid for the TN GOP (the state party and not necessarily any particular candidate) to bring up the adoption ban issue.

Oh, you didn't know they had? Well, they did today in this press release attacking Democratic gubernatorial candidate Mike McWherter. Here's what they said:

“Mike is unabashedly pro-choice, has made it clear that he does in fact support gay adoption, and is on record supporting ObamaCare and the unbearable unfunded mandates his party leader seeks to impose on states."

Oh, I'm sure someone gave them the bright idea that's a smart tactic, but not really if anyone listens for 30 seconds. Here's how I'd argue it.

*Not fiscally conservative. Does the TN GOP really want to change the policy? If so, they must want the state to come up with over $2.8 million and over $2.1 million in the federal budget. See the fiscal note if you don't believe me.

*Reminds us of the failings of GOP officer holders like, um, the sponsor of the adoption ban bill. That alone should provide a zinger of a response.

*Doesn't bringing up the adoption ban bill indict all the Senate and House Republicans who didn't move the bill? Did the Lt. Governor, the Senate Majority Leader, or the Senate Caucus Chair try to advance the bill? No, I didn't think so. If stopping "gay adoption" is so important, then it seems as if there's plenty of blame to go around with the GOP. Maybe they realized it's not a good idea for children or for the budget or good to be associated with the bill sponsor.

*Will anyone really believe Mike McWherter is a big proponent of adoption equality? I don't think anyone believes that.

*Doesn't raising the issue run the risk of making Bill Haslam nastier than he wants to be? I don't think that anyone whose idea of naughty but charming is sneaking pies wants to be associated with trash talk about "gay adoption." It runs counter to the light narrative Haslam is trying to weave.

So clearly not only should that issue not get the state Republican Party traction, it ought to set them back. But I doubt anybody will take the opportunity to call them on it or several other obvious targets. Oh, well, that's how it goes. An activist can imagine, though.

-Chris Sanders

I was going to take a nap before Paul Stanley had to mention Tiger Woods

After a long week that included a couple of political disappointments, I thought I would take a nap late this afternoon. But then I glanced at a Facebook post by Mr. Kleinheider. It was a link to this post at the Tennessean's political blog pointing out that former State Sen. Paul Stanley had decided to say a few words about Tiger Woods and the public's consumption of his recent scandals.

The former senator says, “Is it sim­ply our desire to know what goes on within the four walls of celebri­ties’ bed­rooms that enthrall us or are we just as curi­ous about what goes on with Mike and Jane next door? ”

No!

Neither the Tennessean piece nor Stanley's piece points out the obvious. This is a self-involved and misleading piece not just because of Stanley's own troubles, but because he introduced legislation that would harm others based on their relationships. SB0078, the bill that would ban individuals in a cohabitating sexual relationship from adopting children, is unavoidable background to Stanley's fall from the Senate. That detail is missing from the Tiger Woods story.

Perhaps the People-magazine reading crowd was interested in the senator, the intern, the intern's boyfriend, the camera, and the extortion. But what made Stanley's situation so notable is that it exposed the closeted sexuality of those who try to impose restrictions on others.

There was definitely a segment of the public that didn't really care about learning every detail of Stanley's scandal. The part that mattered the most to many of us is the fact that he pinned the ability to adopt on a certain definition of proper relationships. People, straight or gay, who live together but don't have a legal marriage in Tennessee, are not worthy, according to Stanley's legislation.

Maybe the golfers and the other retired right-wing state senators now living in exile in Franklin are nodding as they read Stanley's post, but I don't recommend that he try to sell it in the rest of the state, especially Shelby and Davidson Counties. We remember what he did. Redemption will come when he makes amends not just for the affair, but also for attempt to make us second-class citizens in the law.

-Chris Sanders

What the NRCC leaves out of the adoption story

Jeff Woods at Pith notes that the Associated Press chose to ring in the new year by reminding everyone that the NRCC is trying to pin the gay adoption issue on one candidate for Congress.

Woods explains why this is problematic:

Media outlets across the state, of course, picked up the AP report just as it is. No where is there any attempt to explain that, if Tennessee bans gay adoption, untold numbers of unwanted children--including those with disabilities and health problems--will languish in state custody and foster homes for years on end.

Here's an additional problem. There was no vote on adoption issue. You can't pin it on anyone other than the Senate sponsor, former Senator Paul Stanley. Neither party moved the bill. The NRCC isn't asking why the bill didn't move. The Senate majority leader didn't seem to push for it, nor did the Senate Judiciary Committee chair. What about the Caucus chair? Nothing. The reasons probably vary from individual to individual. But I suspect the price tag of the bill has something to do with it. It carries a hefty fiscal note. So to try to pin a position on one legislator is to ignore the more important context of the issue. The NRCC's own party hasn't chosen to advance the bill.

State adoption bans are on the federal government's radar

November is National Adoption Month, and President Obama used part of his proclamation to urge equality in adoption laws so that more children can find good homes:

"America is a country rich in resources and filled with countless caring men and women who hope to adopt. These individuals come from all walks of life, united in their commitment to love a child who is in need of the protective arms of a parent. We must do more to ensure that adoption is a viable option for them. By continually opening up the doors to adoption, and supporting full equality in adoption laws for all American families, we allow more children to find the permanent homes they yearn for and deserve."

Perhaps to outsiders the language is vague. But those of us fighting adoption bans at the state level know exactly what the President is talking about. Our only questions concern what can be done and when. A partial answer comes in Congressman Pete Stark's bill to cut off funds to states and entities that discriminate in their adoption laws. The President seems to be sending a signal that he would support a bill like Stark's, but nothing is concrete at this point.

Since Tennessee has not passed discriminatory adoption legislation, despite the fact that it has been introduced many times, we have nothing to worry about. Hopefully, the federal bill will give the Tennessee General Assembly pause as it considers SB 0078 in 2010.

Attention, Legislators: Another study says gay couples are fit parents

An East Carolina University study concludes that gay and lesbian couples are as fit to adopt children as their straight counterparts. Let's hope that it's another blow against SB 0078, the adoption ban bill still hanging on in the Legislature. Some very liberal definitions of the family have emerged in Tennessee in recent years--a man, a woman, an intern, and a camera, for example. I am hopeful that future studies can explore these variables. I find that more and more people want to know how such trendy social experiments affect one's qualifications to parent.

-Chris Sanders

Spectator to the outrage of others

Maybe some are wondering why we haven't had much to say about Sen. Paul Stanley's nearly complete fall. There's not a great deal we could have added. His actions in themselves are bad. I feel sorry for anyone who's ever been part of his family. But we all know that one element that heightened the scandal was the fact that he has been active in attempting to ban adoption by gays and lesbians. And we all know it because media outlets remembered it and made sure everyone else heard about it. Groups like TEP didn't have to do a thing to draw attention to that fact. We just stood aside as the media began devouring the Senator from Shelby County.

And that's just as well. We've got other things to do.

We didn't have much to say when Sen. Jeff Miller fell either. Again, the media enjoyed reminding everyone more than we ever could about his successful attempt to pass a state constitutional amendment banning our marriage rights. So you might say we outsourced our outrage and moved on.

Or maybe I should say, we're long past our outrage with both men and all the others like them. You see, we had our fit when the policies that attacked ourselves and those we love were introduced. Anger about policy isn't a compelling story, though. It takes a 22-year old intern, lurid photographs, and blackmail to generate real (meaning loud but fake) outrage. It's the kind of outrage that people who used to watch Jerry Springer might enjoy.

So "Should I stay or should I go now?" Stanley asks himself. If he left, I wouldn't miss him. But another self-righteous busy-body would probably take his place.

Fiscal notes out on bills of concern to GLBT community

The Fiscal Review Committee has been busy releasing the fiscal notes on some important bills to the GLBT community this session.

The adoption ban bill has a fiscal note of just over $2.8 Million for the State and $2.16 Million for the federal government. This figure is down from last year's $4.5 Million for the state, though the federal impact is roughly the same.

The good news is that the hate crimes bill that would add gender identity as a sentencing enhancement factor has a fiscal impact described as "Not Significant." During meetings with legislators who were sympathetic to the bill, we heard that there probably would be a significant fiscal note which would prevent its advancement. At least that obstacle is out of the way.

Both bills will have a difficult road to passage. The fiscal note on the adoption ban bill is still significant, especially considering the state's budget climate. Most important, though, is the fact that the estimate was determined based on the percentage of adoptive parents and children that would be affected. Lengthening the time a child is in the State's custody should give every lawmaker pause. Passing the hate crimes bill will be difficult because of lack of awareness of the dangers transgender persons face and because of ideological opposition. But the absence of a discernible cost should pave the way for a few more allies to give their support.

Memphis Commercial Appeal opposes Adoption Ban Bill

The Memphis Commerical Appeal has declared its opposition to the Adoption Ban Bill in the Tennessee General Assembly:

Couples who want to adopt in Tennessee are carefully screened to determine their ability to deal with a child's behavior. Their strengths are matched with the child's needs. A detailed study of their household includes medical and financial statements and references.

Whatever their motivations, politicians should not attempt to overrule the judgment of DCS professionals about who is fit to adopt and what is in the best interest of children in the care of the state.

There has never been a stampede to adopt children in Tennessee, especially minority children, children who are more than 8 years old and children with disabilities.

There are many important issues that will help determine children's future happiness, security and success. They need stable, caring, responsible parents with a good home.

Such parents can be found among married couples as well as those whose bonds are not formal but are stable and strong.

Adoption ban bill in the news

Janell Ross of the Tennessean looks at the battle over SB 0078 that would prohibit anyone who is unmarried and cohabiting from adopting children:

If the bill were passed, the department estimates, children would probably spend an average of an additional 180 days — about six months — in state care, [Depart of Children's Service Executive Director of the office of child permanency Elizabeth] Black said.

As of the end of January, 7,184 children were in some type of state care or supervision.

Of those, 330 were available for adoption with no suitable family found. Some of these children have been in state custody for three or four years.

The Tennessee Commission on Children and Youth voted last week not to support the legislative effort to prohibit unmarried couples from adopting.

“We don’t live in an ideal world,” said Linda O’Neal, executive director of the commission.

“In some cases, having two committed adults who can provide financial and other types of stability, that situation may be better.”

Those are really the issues stated as concisely as possible. They summarize the wait for the child and the expense for the state. It's important to remember that the 180 days is an average. What that really means is that some children wait years and some never get adopted. When they become 18, they're pretty much on their own without much help or guidance.

TN Chapter of Foster Care Alumni of America statement on adoption ban

The Tennessee Chapter of the Foster Care Alumni of America have put out a strong statement opposing SB 0078 (the adoption ban bill). These are adults who spent time as children in foster care. And the vast majority of them are not GLBT.

The questions are really poignant when asked by those who grew up as children waiting for permanent homes:

SB 78 supporters state that they want to protect children, and our Chapter accepts their statements as sincere. So we ask them these questions:

• Is it better for our brothers and sisters in care to have no parent than to have parent who is in a relationship you think is wrong or improper?
• Is it better for a child or youth to have no home than to have a home you think is imperfect?

We assume that SB 78’s supporters agree with us that the answer to these questions is “no.”

Therefore, until or unless there are enough qualified and available adoptive parents to promptly meet the needs of every child and youth in care, this bill should be tabled.

Fighin' Friday Music: I've Got You by Melange Lavonne

Though it's too cute for a fight song, it still has some fight to it. So I'll dedicate it to all the parents and parental hopefuls who lobbied against the SB 0078 at the Legislature this week during Advancing Equality Day on the Hill:

Laissez les bon temps rouler!

The Shelby County Committee of Tennessee Equality Project invites you to celebrate Mardi Gras at Pearl's Oyster House and promote LGBT equality in our local community and state.

Enjoy fun, merriment and the tasty flavors of New Orleans cuisine while promoting a worthy cause. TEP will provide a spread of tasty treats with cash bar. Mardi Gras beads and attire are encouraged. The festivities begin at 7 p.m. on Saturday, Feb. 21, at 299 South Main Street in Downtown Memphis.

TEP is moving forward with plans to promote Non-Discrimination Ordinances in Memphis and Nashville and fight anti-LGBT legislation at the state and local level. Citizens from Shelby County and all over Tennessee just completed another successful Advancing Equality Day on the Hill in Nashville. We engaged lawmakers on several bills affecting the LGBT community including an adoption ban bill that would "prohibit any individual who is cohabitating in a sexual relationship outside of a marriage that is valid under the constitution and laws of this state from adopting a minor."

Help us fight this bill and other anti-LGBT legislation! Your support is needed to advance and protect LGBT rights in our state ($25 to $50 suggested donation). If you can't attend the party but want to support TEP's efforts in Memphis and elsewhere in the state, take a moment to donate online.

Contributions to TEP's 501(c)(4) lobbying organization are not tax-deductible.

For more information contact TEP at 901.301.3306 or shelbycounty@tnequalityproject.com.

Let the good times roll!