TEP statement on Rocketown termination of Wes Breedwell for support of marriage equality

Earlier today (January 21), the Tennessee Equality Project released the following statement on the termination of Wes Breedwell, who was employed at music venue Rocketown in Nashville, for his support of marriage equality, as expressed in a shirt by the band Hostage Calm:

"TEP condemns this termination and stands in solidarity with the man who was fired for showing his support for our community. It reminds us that allies are in the front lines of the fight for equality."

The band released its own statement earlier this evening and you can find it here.

Whether Wes was fired for wearing the shirt to work (the shirt of a band that had played at Rocketown, by the way) or for liking a photo of the shirt as The Tennessean explores, he was terminated for being a straight ally for marriage equality.  

Rocketown probably has the legal right to terminate him, but that doesn't make it right or prudent.  In any diverse workplace, we will always encounter people with religious and political views that differ from our own.  Shouldn't the focus be on who can do the job?

Rocketown chose to act and they are now publicly branded as opposed to the aspirations for equality of gay, lesbian, bisexual, and transgender people.  They chose to enter the fray and enter it on a day when President Barack Obama embraced those aspirations.  So while they have the legal right to their actions, the public will now exercise its rights to form judgments about the organization.  

*It is reasonable to ask whether Rocketown is a safe place for gay, lesbian, bisexual, and transgender youth who desperately need safe spaces in Tennessee.  

*And it is reasonable to ask whether Rocketown is in step with a city that has made great strides in embracing diversity and creativity, factors vital to Nashville's brand as "Music City."   

We call on Rocketown to reverse its actions and make it clear that all are welcome at their music venue regardless of sexual orientation or gender identity.

Key step in ending job discrimination against gay, lesbian, bisexual, and transgender people

Word has it over the last week that the national organizations that serve the gay, lesbian, bisexual, and transgender community are going to press for an executive order from President Barack Obama to bar job discrimination based on sexual orientation and gender identity among federal contractors.

Tennessee Equality Project is wholly supportive of this move.  Such an executive order would touch thousands of firms and hence millions of employees across the country, including people who work in Tennessee.

Tennesseans have a particular interest in this issue.  In 2011 the Metro Nashville Council passed a contractor non-discrimination ordinance that did the same thing as the requested executive order but with Metro Government contractors.  Unfortunately the Legislature passed SB632/HB600 that not only nullified that ordinance but robbed every city and county in the state of the ability to do the same thing when awarding their procurement dollars.

If you're not sold on the idea that it would help people in Tennessee, then I'm not going to try to oversell the proposal.  But it's out there and there's something you can do to help.

You can sign this petition at the White House petition site.  And you can email it to your friends and post it on social media sites like Facebook and Twitter.  It will help grow citizen support for the lobbying effort our national organizations are pursuing.

Nope, it's not as dramatic as the petitions calling for secession, but it's far more constructive. 

Nashville's Dean says that social legislation affects the business climate

In an interview with The City Paper, Nashville Mayor Karl Dean noted that when businesses consider Nashville, they sometimes have concerns about the social legislation coming from the Tennessee General Assembly.  He contrasts that socially conservative agenda at the state level with the commitment to non-discrimination in Metro Nashville:

You mentioned fielding calls from other cities and people checking out Nashville and how hot it is. When you’re fielding those calls, do you ever hear, “Gee, we’d love to come down, all this social agenda legislation is worrying us.” Do they ever say, “What the hell is going on with the legislature in Tennessee?”
Dean: I won’t mention names, I’m not really at liberty to mention it, but there have been companies who have actually come here who have heard about some of the social legislation and expressed concern. My position has always been, particularly in the area of nondiscrimination, that that absolutely shoots us in the foot. Particularly if you’re a cultural city and an artistic city and a university city. I think Nashville stands on its own. I think people look at Nashville and know that it’s different. Cities have to be friendly, which we are. Cities have to be inclusive, which I think we are, and we try to get more and more inclusive. That’s the way government in cities should operate. But I have heard it. The business [in question] came.

I wonder whether the business-friendly Legislature will get the message.  More correctly, I wonder what it will take for the Legislature to get the message that restrictive social legislation is unattractive for business growth and development.  To give credit, some legislators from both parties do, but not nearly enough.

Until the Legislature gets the message, it will be important for more cities to pass inclusive non-discrimination ordinances like Knoxville and Metro Nashville.  But at some point, we need a fundamental change at the state level.  Corporations are going to have to add their voices to the national media and equality advocates in Tennessee if that is going to take place.  Let's hope it does.

-Chris Sanders

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

"Don't tell the Chamber or TEP," says Family Action PLUS the protest of a Morristown transgender woman

Worst kept secret:  The Tennessean delves into the Family Action Council's correspondence with state lawmakers uncovered in the court challenge to HB600, which overturned Metro Nashville Contract Accountability Non-Discrimination Ordinance.  They thought no one knew what they were up to:

Fowler wrote the group again on Jan. 29 after meeting with chamber officials.
“I felt it was pretty clear that they did not like the ordinance but didn’t want to come across as homophobes or send the country a signal that Nashville was not a great city for all people — was inclusive,” Fowler wrote. “In my opinion the Chamber is clearly trying to document ‘good reasons’ to oppose the bill that anyone with any common sense, regardless of where they stand on the ethic of homosexual conduct, could see are valid concerns.”
Again, Fowler concluded the email by asking recipients not to share it.
“We sure don’t need any loose lips getting word to the Chamber about what I think and for sure not (the Tennessee Equality Project)!” he wrote.

Let's bracket their interpretation of the Chamber's views for now.  The issue is that Family Action officials thought they were fooling people, even TEP, which is odd since everyone knew they were lobbying against the Metro ordinance when it was working its way through the Council.  The intent was clear from the beginning--to keep local governments from protecting gay, lesbian, bisexual, and transgender employees in their jurisdictions throughout Tennessee.  Although it was no secret, it's clear that Family Action thought discrimination should remain a secret.  SAD!

Transgender woman protests double standard:   WATE is reporting that Andrea Jones, a transgender woman from Morristown, protested the refusal of the DMV to change the sex designation on her licesnse, by taking off her blouse for which she was arrested.

Of course, this puts officials in an odd position.  It's not considered indecent exposure for a male to go shirtless, but in arresting Andrea, they are treating her as a woman...until she tried to get the gender marker changed on her license when she was considered male.  I don't see how they can have it both ways, which is exactly the point of Andrea's protest. 

Secrets and doubles standards are the tools of discrimination in Tennessee!

-Chris Sanders

We are the 60%: Marriage inequality in TN and our options

ThinkProgress takes a look at a New York Times editorial lauding the recent Senate Judiciary Committee vote to pass the Respect for Marriage Act, which would overturn the Defense of Marriage Act.  The title of their post says it all:  "60 Percent of Americans Live in Places That Don't Offer Protections For Gay Couples."  29 states, including Tennessee, bar same-sex marriage via

Image from the Repeal Tennessee's Marriage

Amendment Facebook page

constitutional amendment.  They also include a map ominously called "The Geography of Discrimination."  Again, that's about as clear as it gets.

What can we do in Tennessee?  That's where things ain't so clear.   Here are our options for advancing marriage equality.  Nothing is easy or likely about any of them.

1.  Move our current Congressional delegation on DOMA.  We have a couple of Congressmen who might be persuaded to back repeal of DOMA--Cohen and Cooper.  I wouldn't take such a move for granted.  Our two U.S. Senators aren't fire-breathing Right wingers, but it would be an extremely heavy lift to move either one of them on DOMA.  Senator Alexander is starting to show more of his trademark moderation and independence.  And it's always good for more constituents to let him and Senator Corker, for that matter, know that they oppose DOMA, but don't hold your breath.

2.  Elect new anti-DOMA members to our Congressional delegation.  Defeating any of the decidedly pro-DOMA Senators or Congressmen with an anti-DOMA opponent also seems unlikely.  If Congressman DesJarlais goes down in defeat, it will likely be in the primary to another Right winger.  Tea Partiers talk about challenging Senator Corker, but we still don't know whether a viable Democrat will get in the race.  And even if one does, the odds are low that such a candidate would oppose DOMA--a lesson we learned in 2006.  Could the gay, lesbian, bisexual, and transgender community raise the $25,000+ in a House race or the $50,000+ needed to get the attention of a candidate in one of these races?  Yes, it could be done.  It seems unlikely to happen, though.  And even if it did, the anti-DOMA candidate has to win and stick to his or her position. 

3. Repeal Tennessee's amendment.  I'll offer the warning again:  Don't hold your breath.  To repeal a constitutional amendment is to amend the TN Constitution again.  That takes passing a resolution in two consecutive sessions and the second time you have to have two thirds of each House.  So we've got to elect, reelect, or persuade 33 Senators and 66 Representatives.  Are we willing to raise (and this is a conservative estimate) $10,000 for each of the 66 House races and $25,000 for each of the 33 Senate races?  First, I want to say that it could be done.  But I don't think it would happen because our community has shown more willingness to invest our political dollars out of state.  Additionally, all our candidates would have to win and then vote with us in two consecutive sessions.  If a miracle happened and the resolution passed, we would still have to win at the ballot.  Oh, and one last thing, we'd still have to repeal a state statute defining marriage as the union of one man and one woman.  They spent over $3 Million in New York on ads designed to move Republicans in their legislative efforts.  Daunting!

4.  See you in court.  If DOMA is struck down in a court challenge, that would help ease another court challenge to Tennessee's state constitutional amendment and statute.  I'm not an attorney, but my hunch is that it is through the courts that Tennessee will achieve marriage equality.  But I'll let the legal experts weigh in on that one.

The deck is definitely stacked against us, but it's always up to us to decide what to do. There's no doubt in my mind that we could raise the money and volunteer army needed to make a move in 1 to 4 federal races.  That would increase the odds for desperately needed votes out of Tennessee's congressional delegation to pass the Respect for Marriage Act.  As I said, my doubts hinge on our ability to get that kind of agreement and focus statewide. 

I may very well have missed an option.  If so, let's get it out there on the table and discuss it.  Maybe that would help contribute to a statewide consensus so we could develop a plan of action to make our contribution to the movement for marriage equality in Tennessee. 

I'm in.  Are you?

-Chris Sanders

Family Action wants it all, but can't follow the money

There is so much whining from Family Action that they can't dictate Puritan values in every corner of the state that it's hard to know where to begin.  They could untangle all their confusion if they just learned to follow the money.

Vanderbilt:  The latest episode in their melodrama comes in reaction to a clarification in Vanderbilt University's non-discrimination policy.  Family Action is livid that the university is actually taking steps to apply the policy consistently to all officially recognized and funded student groups including religious organizations, most of which are already in compliance. Plus, the university is generously working with the rest in the mean time.

What's the problem?  Family Action seems to think that TEP is being contradictory because we support the Vanderbilt policy on the one hand while saying that we don't wish to interfere with anyone's religion on the other in reference to case of Memphis' Bellevue Baptist Church  abusing its tax-exempt status by engaging in candidate endorsements.

Are you confused?  We suspect that's the idea.

That little word "money" can make sense of everything.  Let's follow the money.

Vanderbilt funds and recognizes student organizations.  If you want to get the funds and use space at Vanderbilt, you have to follow the rules.  Is it really so crazy to say that you can't discriminate against other members of the university community, members who pay tuition and the activity fee?  If you don't like the rules, you can exist unofficially and discriminate to your heart's content.

Bellevue Baptist:   Would you believe that money takes care of the Bellevue Baptist question, too?  Bellevue Baptist has tax exempt status as a Church.  That means contributions to it are tax deductible and that for the most part the Church avoids paying many if not all taxes.  The string that comes with that status, a status they indicate they want, is that they can't meddle in elections.  If they want to give up their tax exempt status, they can say whatever they want about candidates.  They could even register as a political action committee and contribute to them if they wanted to.  They're free to choose, but they can't have both. 

Other amazing difficulties solved:  And would you believe that Family Action could unravel other puzzles just by following the money?  Their recent complaints about Blue Cross Blue Shield of Tennessee and Nashville's Contract Accountability Non-Discrimination Ordinance could all disappear if they'd just realize that people and organizations have choices about how they use their money.  Blue Cross Blue Shield is free to determine if it wants to give some of its contracting business to gay, lesbian, bisexual, and transgender owned companies.  And before Family Action came along, cities and counties in Tennessee were free to determine their own contracting policies reflective of the will of local taxpayers.  You'd think all this freedom would be right up their ally.

So not only can Family Action not follow the money, they can't bear private companies and organizations and local governments setting policies that reflect their own values about what to do with their own funds.

Is the thread of conspiracy, er, um, consistency clear now?

-Chris Sanders

No retreat, no surrender

Today a big chunk of Tennesseans woke up to Sunday papers covering the resilience of Tennessee's gay, lesbian, bisexual, and transgender community. Both pieces show why we're here to stay and why we will ultimately prevail in spite of a hostile political climate.

Thriving beyond discrimination: Tennessean readers couldn't avoid the extensive piece about former Belmont University soccer coach Lisa Howe and how she has become a catalyst and fighter for a new phase in the equal rights movement in Tennessee. Her experience led to the Metro Contract Accountability Non-Discrimination Ordinance, which was nullified by HB600, setting off a statewide conversation. The story hits a lot of the biggies--job discrimination, marriage, and family life.

Rep. Glen Casada, the sponsor of the infamous HB600, rehashed his talking points for the piece:

“Cities just need to abide by the state law when it comes to discrimination,” he said. “We don’t want the government telling every business what they can and cannot do. We want a uniform set of rules, and that’s what this law is attempting to do.”

Can the story of a life that is emblematic of the ways people have been touched by discrimination be buried by the imagined need for uniform business standards masking bigoted motives? No. The story simply will not die. In fact, it continues to gain traction months after Governor Bill Haslam signed the bill. The story lives because Lisa and others continue to fight.

We're popping up everywhere, even in Red Bank: Times Free Press readers must be pausing today as they find out that the Southeast TN community of Red Bank has a high concentration of same-sex couples. Hamilton County as a whole saw a 58% increase in same-sex couples over the last ten years. The piece indicates what those of us inside the community know--not only is the community growing, but we're more out and visible than ever before. If discriminatory laws are designed to drive us out of state or underground, they're not working.

The fight goes on: As Obi-Wan said, "If you strike me down, I shall become more powerful than you could possibly imagine." Lisa Howe and those couples living in Red Bank may not be conventional activists, but they will show us the way. To those opposed to equality, Tennessee's gay, lesbian, bisexual, and transgender community in solidarity with our allies says, "We will come out. We will live our lives. We will out-lobby you (even if it takes years). We will take you to court. We will out-media you. We will resist you with everything we have because our lives and the lives of those we love depend on it. And we will be equal."

-Chris Sanders

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

Ambulances and Elections: Which way are we going, Nashville?

It has taken me about 36 hours to process what has happened on Thursday, but I believe Nashville is still headed in the right direction for those of us who care about equality.

Ambulances: On Thursday, as I was heading to the Madison Library to hold a sign for Nancy VanReece's Metro Council campaign, I got a call from Jerry Jones of Out & About Newspaper about a Nashville Fire Department paramedic who posted anti-gay comments in a Facebook group, some of them specifically about co-workers. The story has also been covered by WSMV and WTVF. The Fire Department is handling the incident responsibly; the coverage even indicates the paradmedic's co-workers gave him Hell about his comments. And no one should be surprised because this is exactly what we've been working for since 2007 when our election involvement was based on passing the 2009 Metro non-discrimination ordinance that protects government employees from job discrimination based on sexual orientation or gender identity. I should also point out that the Nashville Firefighters' union endorsed that ordinance, so it doesn't shock me that they're serious about good working conditions for all their members. Still, it's a nice confirmation that the workplace is changing for the better in Metro.

Elections: Election night was more of a mixed bag in terms of what we hoped for, but the results still bode well for advancing good public policy when the new Metro Government takes office.

*Overall: Mayor Karl Dean, the most pro-equality executive in the history of Tennessee, won easy re-election as did Vice Mayor Diane Neighbors, who has always been clearly on the side of fairness for the gay, lesbian, bisexual, and transgender community. Three of our five TEP PAC-endorsed Council At-Large candidates (Megan Barry, Ronnie Steine, and Jerry Maynard) won their spots outright and will not face a runoff, with Barry and Steine as the top vote recipients. And even though they didn't make the cut, Vivian Wilhoite and Sam Coleman came in 7th and 8th in a crowded field and it has been great working with them both. A total of 18 of our endorsed Council candidates won outright on Election Day and we're particularly happy about the outcome for Fabian Bedne, the first Hispanic person elected in Nashville. Four of our endorsed candidates are in a runoff, including Peter Westerholm, TEP's former public policy chair. Additionally, Bo Mitchell, who has a perfect voting record on equality bills, won outright as did others candidates with whom we can work. So we should have a pro-equality majority in the new Metro Government.

*Departing Foes: Eric Crafton and Jim Hodge, two vocal opponents of equality measures, will not be returning when the new Council is sworn in. I won't miss the sneering from one or the comparison of homosexuality to smoking from the other.

*Hard Losses: The hardest losses were in districts 16, 8, and 18. Councilwoman Anna Page has a perfect voting record on equality bills and it is very sad that she wasn't reelected. Districts 8 and 18 gave us hope for openly gay Council Members emerging victorious from competitive races, but we'll have to wait a little longer for that. First-time candidate Nancy VanReece ran a great race in a moderate to conservative district and I'd say she's competitive for the seat if she chooses to seek it in four years. David Glasgow came so close this time, but I know he will continue to find ways to serve Nashville and his neighbors in the 18th. They both make our city proud.

Nashville is still moving forward.

-Chris Sanders

Metro Nashville Council District 28: A reminder of what's at stake

Elections have consequences. If you live in district 28 in the Antioch area, you should be well aware. If not, here's a reminder.

Back in April, Bill Tedder emailed Councilman Duane Dominy, who represents him, about the Contract Accountability Non-Discrimination Ordinance. Despite the overwhelming volume of email in support of the bill compared to those opposed, Councilman Dominy appealed to an imagined majority in Nashville in his response and based his justification on the view that some religious groups don't like some sexual practices:

Dear Bill,
Thanks again for sharing. Even with the duplicates from proponents, those that oppose this ordinance far outnumber supporters. While I agree "our tax dollars should support workplace fairness and not discrimination," this ordinance did not reach that goal. It blatantly violates the religious liberties protected in our constitution. It uses tax dollars to promote a sexual practice that is considered morally wrong by most mainstream religions and the majority of residents of this city and district. As a result of the two issues above and limited suppliers within the state for a few departments, it also endangers some essential city services.While we differ on this issue, I appreciate your input and willingness to share it. Again, I welcome you to sign-up to receive the District 28 email newsletter. These are sent a few times per month and include district events and news of interest as well as a direct link for resident to communicate with me. And best of all, they cost $0 tax dollars to communicate with hundreds of district residents with little environmental impact. You may simply reply to this email to request being added.

Respectfully, Duane
Duane DominyDistrict 28 Councilman

I don't fault Councilman Dominy for his tone. While his meaning is quite offensive, he is at least polite and responsive to Bill's email. But the fact remains that he has no problem with the job discrimination endured by some Davidson County citizens.

It's been a consistent theme during his term on Council. Consider this exchange with a former constituent, Bill Newsome, on the 2009 non-discrimination ordinance that protects Metro Government employees.

Advocates of sensible measures to address workplace discrimination need to be aware of his record and turn out to vote.

-Chris Sanders

Forces of Reaction at Work in Metro Races: District 25

Nashvillian Earl Lamons sent an email to Metro Nashville Council District 25 candidate James Kaminski about the Contract Accountability Non-Discrimination Ordinance. Here's the reply he received last week:

Earl,

Thank you for your message. I would have voted against it. I think it is inappropriate for a businesses to comply with this. Its implementation will serve as a deterrent to potential businesses in the future. I am tired of all the attention this gets, and will be voting against any future bills which are similar to this anti-discrimination bill. I hope I have adequately addressed your question. Please feel free to contact me with any more questions or suggestions.

Best,

James M. Kaminski

If you ever doubted whether these elections are important, this email should clear up any confusion. There is definitely a battle for sensible, progressive government in Nashville. We have a choice between candidates who are thoughtful about moving Nashville forward like District 25 incumbent Sean McGuire and people who are "tired" of tackling the issues that face our city like Mr. Kaminski. We have a choice between candidates who know what really affects the jobs environment of our city and candidates who mistakenly believe that valuing talent and merit in an environment free of discrimination is somehow a barrier to attracting great companies, many of which already have inclusive policies.

Let's turn out the reality-based vote for candidates who aren't tired of moving Nashville forward.

-Chris Sanders

(Note: The image is from Zazzle.com and here is a link to the product listed above if you're interested in purchasing it.)

Woods interview with Haslam exposes lack of public justification for HB600

As I mentioned in the previous post, Jeff Woods of the City Paper has conducted one of the most important interviews on equality in our state's history--a lengthy conservation with Governor Bill Haslam that includes lots of follow up. If you think that's an exaggeration, do you recall any reporter getting a previous governor of Tennessee on the record on this topic at such length?

Jeff Woods's relentless pressure exposes the lack of real public justification for job discrimination and HB600, the new law that protects such discrimination. I want to underline that word "public." By it, I mean, what can be articulated in some kind of justifying way to the whole citizenry of the state. I would contrast that with private and communal sorts of justifications. The private kind is what bigots say to themselves when they think no one else is listening. Communal sorts of justification are often based in some (but not all) religious strictures. Base bigotry and appeals to a particular faith community's understanding won't do in the public sphere. Woods knows that, and, if you read carefully, the Governor knows that, too. He resists trying to get into Rep. Glen Casada's mindset, for example.

The Governor's approach in the interview is really three-fold:

*Marriage: For the Governor, and probably for many, the phrase "gay rights" means marriage and one can understand Haslam reaching for that issue because he knows that most Tennesseans are unfortunately opposed to marriage equality. But talking about marriage is not the same thing as talking about job discrimination, and Woods continues to pull him back to the workplace.

*Regulation: The Governor attempts to frame the discussion as one about regulation of business. The Metro ordinance that inspired HB600 was a contracting standard, not a regulation on all businesses in Davidson County. But even if it were, why is it a burden to prevent discrimination? Woods reminds the Governor where the bill came from--Family Action Council of Tennessee--and that HB600 was never about business, but the Governor seems to cling to the idea.

*Business self-interest: The Governor tries to escape the dilemmas posed by Woods's questions by making an argument that companies ought to hire the best people:

I think this. I’ve said a hundred times, I think the people who hire the best team are going to win. If you take any part of the population and say I’m not going to hire those people willfully, I don’t think that’s a really smart business plan. I think businesses should have diverse hiring practices.

We agree, but why not put it in writing? At the very least, why not put it in writing for state government employees? That doesn't affect businesses at all. What is it about sexual orientation and gender identity that really defy the Governor's ability to include those categories explicitly in the law?

Woods tries to tease the answer out of the Governor. He tries to find out, for example, whether he thinks sexual orientation is a choice. The Governor won't say and, sadly, we may never know.

But if we didn't already know it, the interview has made it blisteringly clear. There is no solid, public justification for HB600.

-Chris Sanders

Woods and Haslam: Historic interview on equality in Tennessee

It's not Frost-Nixon, but it is historic nonetheless. The City Paper's Jeff Woods (who sometimes uses a picture of President John Adams at right for himself) has conducted, as far as I know, the most extensive interview ever on equality issues with a sitting governor of Tennessee.

If you're wondering where the link is, there's not one. The online edition comes out Monday morning. If you're in Nashville, you can pick up a hard copy tonight. I'm not going to post quotations from the interview because the City Paper obviously didn't intend for it to be online at this point, but I'll link to it on Monday.

Woods is relentless in questioning Governor Bill Haslam about HB600, the Special Access to Discriminate law, that the Governor signed. It includes more follow up than I've ever seen on the issue.

Here are a few observations on the piece:

• Governor Haslam dodges to the marriage issue a few times, but Woods brings the discussion back to job discrimination.
• The Governor appears resigned to whatever harsh judgment history has in store for his role in letting the bill become law.
• The interview confirms what we've seen hinted at, namely, that a veto was considered.

The only place where I take issue with the flow of the interview is when the Governor characterizes the Metro Contract Accountability Non-Discrimination Ordinance as regulation. That's not what the ordinance does, er, um, did before it was nullified. It was a condition for having a contract with Metro, not a requirement for all businesses in Davidson County. Woods could have called him on that distinction, but he, in some ways, does better than addressing that distinction because he continually puts in front of the Governor the issue of discrimination against gay, lesbian, bisexual, and transgender people. He comes as close as anyone has to making a governor of Tennessee confront and weigh that issue against other considerations, like the imaginary business considerations used to justify HB600.

We see the phrase "must read" a great deal these days, and this interview definitely deserves that accolade.

I should also note that this interview, taken together with the "redneck burrito" interview by Tom Humphrey, so many weeks after the Legislature adjourned means that the issue is hanging around. Let the discussion continue!

-Chris Sanders

HB600 gave Governor Haslam a touch of heartburn

The Knoxville News Sentinel's Tom Humphrey caught up with Governor Bill Haslam recently when the state's chief executive was ordering a redneck burrito, which he described as "good but caused a bit of indigestion."

Humphrey picks up the image later in the piece when he gets to HB600, the Special Access to Discriminate law:

Still, he said, dealing with legislators can be "incredibly important" even if unsettling on occasion.

Of the bills he signed this year, Haslam said the one causing most heartburn was a measure that overrode a Nashville city ordinance prohibiting discrimination based on sexual orientation by companies contracting with the city.

"That was a huge philosophical problem," he said, creating a conflict between his belief that government should put as few restrictions as possible on business and his belief that "local governments should get to decide most things for themselves."

Yeah, that one caused some stomach acid for us, too, Governor Haslam. Perhaps Tennessee should remove these discriminatory delicacies from our diet.

Of course, Lt. Governor Ron Ramsey said that this year was "just an appetizer" of what is to come. Let's all stock up on antacid tablets! And, um, let's work to pass SB2121 introduced by Sen. Jim Kyle to repeal HB600.

-Chris Sanders

Major questions with the Vanderbilt Poll on HB600

The results of the Vanderbilt Poll came out today. The poll conducted by the Center for the Study of Democratic Institutions included people from all over the state and focused on the public's approval of the Legislature.

Unfortunately, based on what little information is available about the poll, the Center for the Study of Democratic Institutions says in a news release:

"The poll did indicate majority support for legislation that prohibited cities and counties from passing anti-discrimination laws that are stricter than state law."

But did it? And what was the actual question? Let's break it down.

Question matters: How you ask a question has an important bearing on the results of a poll. We all know that. We don't know exactly how Vanderbilt asked the question. Did they ask (a) whether people support a state law prohibiting "cities and counties from passing anti-discrimination laws that are stricter than state law," as the quotation above reads or did they ask (b) whether people "oppose local governments' passing laws that ban discrimination by such contractors against gays and lesbians," to use a phrase found later in the release?

Maybe I'm just too close to the issue, but here's why I think the difference between a and b matters. Question a in the form of HB600 actually was before the Legislature. It is a law in which the state explicitly prevents cities and counties from applying discrimination standards beyond what the state and federal governments do. Question b, which is a premise of the larger debate, has never been before the state. It has only been before individual local governments like Shelby Co, Memphis, and Metro Nashville. If they want to ask question b, they should ask it city by city or county by county. Question a much more closely matches the state law that has actually been passed.

Which question did the Vanderbilt Poll ask? We don't know. By the way, there are people who both oppose local governments expanding non-discrimination policies to their contractors AND oppose the state preempting cities from doing so. I can think of a few Metro Council Members who hold these views. So clarity on the question would be helpful.

Was it a majority? I'm confused about this point as well. The release says that "nearly 40 percent" support legislation that prevents cities and counties from passing stricter non-discrimination standards tougher than the state or oppose cities from passing such protections (again, we don't know what they asked) while "slightly less than a third of those responding say they favor such anti-discrimination protection," according to the previously cited release. The Tennessean says that the number is "almost 44 percent" on one side and "about 28 percent" on the other.

Huh? Did someone spill coffee on the final report? Why don't we have a real number here? And what about everyone else who didn't fall into the nearly 40 to almost 44 percent or the slightly less than a third to about 28 percent categories? Do they not know where they stand or do they not care about the issue? In any event, neither "nearly 40" nor "almost 44" percent is a majority. We used to call that a plurality. It must be that "new math" I keep hearing about.

Going forward: I really think it would be helpful if Vanderbilt released clearer numbers and the actual questions in the future. I also think it might help to consult people on both sides of an issue as an aid to framing the questions.

Finally: Regardless of which question the poll asked, the results are troubling. We have more work to do to persuade our fellow citizens that explicit protections are needed to prevent discrimination against gay, lesbian, bisexual, and transgender people in Tennessee.

-Chris Sanders

HB600's rationale in shambles, pressure builds for repeal

It was another bad week for SB632/HB600, the Special Access to discriminate law as Nashville students presented a petition for its repeal to Governor Bill Haslam while the Family Action Council of Tennessee (the real pusher of the law) reacted hysterically and defensively to the Tennessee Chamber of Commerce & Industry abandoning them at the unholy altar of hate.

Students petition for redress of grievances: A group of Nashville students who have been active in opposing the Don't Say Gay bill have turned their attention to HB600. They marched from the Metro Courthouse to the Capitol and presented a petition to the Governor's staff, earning the praise of Congressman Jim Cooper, according to The Tennessean:

“It reminds me of the Freedom Riders in the ’60s,” he [Cooper] said.

Another Jim turns the business argument on its head: Meanwhile in Memphis, Sen. Jim Kyle, the sponsor of SB2121 that would repeal HB600, met the business argument that had been used to support discrimination and Jiu-Jitsued it into an argument about Tennessee's place in a global economy during a WSMV interview:

"This measure needs a second look," said Kyle. "This goes directly to our ability to be competitive in a world market and on a world stage."

Proponents on the defensive: The video isn't up yet, but Pat Nolan asked Speaker of the House Beth Harwell, who abruptly announced her support of HB600 in April, about the repeal in the most recent episode of Inside Politics. My guess is that those who supported the measure will continue to face embarrassing questions. But we do have video of the Family Action Council of Tennessee's president, David Fowler. In one of the most audacious redefinitions of "bullying" ever to be broadcast, Mr. Fowler bemoans the business community retreating from the legislation and accuses the gay, lesbian, bisexual, and transgender community of bullying business:



First, let's be clear. Businesses colluded in discriminating against Tennessee workers. It was only natural that our community and our allies would raise an outcry. Second, Mr. Fowler's organization bullied lawmakers with a deceptive video implying that non-discrimination ordinances lead to gender confusion, which would then magically give carte blanche to predators who want to follow children into bathrooms. Third, the irony of Mr. Fowler standing on a playground talking about bullying when organizations like his actively work against adding explicit protections against bullying based on sexual orientation and gender identity to school policies is THICK!

But the real point is that Family Action is feeling a little bit lonely as the realization hits that everyone has now seen through their pro-business facade. If I were a business leader, I would be fuming that I had let them lead me into so much bad publicity and potential loss of market share.

More to come: Students petitioning, businesses doing a 180-degree turn, the filing of SB2121...has the story finally run out of twists and turns? No way. Once the court challenge is filed, the story will continue to make the news. And we will continue to see just how much of a mess HB600 has made for our state.

-Chris Sanders

TN newspapers knock Governor, Legislature over discriminatory law for 2nd week

If Tennessee Republican leaders were expecting a quiet Memorial Day weekend, they woke up to Sunday papers around the state filled with criticism of their work on SB632/HB600, the Special Access to Discriminate law. The measure nullifies the Nashville Contract Accountability Non-Discrimination Ordinance passed in April, prevents any city or county from adopting a similar law, and redefines "sex" in the Tennessee Code to the detriment of transgender people.

Under the Influence: The Commercial Appeal's Wendi Thomas bestowed her first "On the Pipe," as in crack pipe, awards for a number of bills, but the Special Access to Discriminate law was first in her list:

"The Equal Access to Intrastate Commerce law, which forbids local governments from ensuring that their contractors don't discriminate against gay, lesbian, bisexual and transgendered employees. Yep, the legislature has decided that it should be up to businesses to decide who they discriminate against. Sounds like a lovely idea."

Nimble Lobbying: Letting businesses decide may prove tricky, as the Knoxville News Sentinel's Tom Humphrey, noted in his own awards presentation when he took a swipe at the Tennessee Chamber of Commerce for changing their position on the law:

Most Remarkable Lobbying Acrobatic Performance: To the Tennessee Chamber of Commerce and Industry for its amazing backflip on HB600, the bill that overrode a Nashville city ordinance prohibiting discrimination by city contractors based on sexual orientation. The chamber backed the bill as business friendly, then - after it had passed - reversed its position and declared its opposition "because (the bill) has turned into a debate on diversity and inclusiveness, principles which we support."

Governor Unmoved: Despite the reversal of the TN Chamber, Governor Haslam nevertheless signed the bill, as noted by The Tennessean's Chas Sisk, leaving the new act without much rationale other than putting discrimination into the law:

But since the General Assembly adjourned, Haslam and the legislature have been criticized by major businesses and gay rights groups from across the country for a law that reverses a Nashville ordinance requiring city contractors to follow the city’s anti-discrimination rules, which protect gay, lesbian and transgendered people. Haslam signed the measure nonetheless, saying the campaign against the bill came too late. “You had a chance to engage in this during the legislative process,” Haslam said of a public push to see him veto the bill. “To kind of change tracks on Monday felt a little late to me.”

Well, you're not the only one, Governor Haslam. The problem is that the gay, lesbian, bisexual, and transgender community got stuck with the effects of the law, and you're stuck going down in history as supporting it. It's no fun being left holding the bag, is it?

The Impact: Perhaps the most trenchant criticism came in Josh Flory's piece in the Knoxville News Sentinel in which he quotes a Scripps Network Interactive executive saying the law will scare away the talented workforce he needs:

"Its passage will impede our ability to recruit and retain the best possible work force," company President John Lansing said in a statement. "Most significantly, this legislation sends a signal that Tennessee is unwilling to take a stand against an intolerant employment environment."

Dang! Can it get any worse? Yes, it can.

Hometown paper pounds final nail: When the Governor's hometown paper uses the Scripps story as the basis for yet another editorial (the Knoxville News Sentinel had already editorialized about the bill last week in addition to Pam Strickland's biting column), then you know it's bad. "Codifying intolerance hurts state business" is a title that tells the whole tale. The last paragraph of today's editorial is the best:

"Haslam needs to show more leadership by condemning, rather than signing, such narrow-minded legislation. Passing laws that codify intolerance - and run counter to the policies of many Tennessee companies - could chase away jobs, talented workers and tourists. Tennessee isn't an island; the state participates in the global economy, one that offers as much diversity as it does opportunity. The state's leaders must promote tolerance of that diversity to compete for 21st century jobs and succeed in the marketplace."

What does that kind of leadership look like?: Leadership from the Governor and the Legislature could take a number of constructive paths. Examples include (a) heading off discriminatory legislation in the coming year, (b) backing Sen. Jim Kyle's appropriately numbered SB2121 (as in 21st century!) to repeal the Special Access to Discriminate law, or even (c) backing a bill to amend Tennessee human rights law to include sexual orientation and gender identity as protected classes in employment. These are all good options that would concretely help people who experience discrimination and more broadly do much to repair Tennessee's severely tarnished image.

-Chris Sanders

Finally! A statewide conversation about job discrimination

We had to wait until 2011, but Tennessee is finally having a statewide conversation about job discrimination against gay, lesbian, bisexual, and transgender people.

Rough week for the Governor: Every day this week the national and local media have hit Governor Bill Haslam hard for signing SB632/HB600, the Special Access to Discriminate law that overturns Metro's Contract Accountability Non-Discrimination Ordinance, prevents any city or county from adopting a similar law, and redefines "sex" in the Tennessee code to the detriment of transgender people. The number of national stories is staggering--Forbes, Business Week, and the Wall Street Journal included. But the real zingers have come out of Tennessee. Yesterday's Nashville Scene was blistering. This piece in today's Knoxville News Sentinel hits many of the same notes.

Conversation continues: Senator Jim Kyle's revelation that he has filed a bill to repeal SB632/HB600 guarantees that the conversation will continue over the summer. In fact, that seems to have been his idea, according to the Tennessean: “It keeps the discussion going,” he said. “It seems like the business community was late to the party. To me, it merits a second look.”

And then there's the court challenge. Abby Rubenfeld confirmed on Monday that there's going to be one. There will be coverage once it gets filed and each step of the way.

What kind of conversation?: So it's pretty clear that some kind of conversation is going to continue for at least the near future, but what kind? It's important that we don't lose the fact that discrimination based on sexual orientation and gender identity occurs in Tennessee, affects real people, and is unjust. The remedies of Sen. Kyle's bill and the lawsuit are designed to address real wrongs. The loss of local control in our cities and counties is one of them. But the original point was and is that people endure discrimination that hurts them and their families and serves no business purpose. Maybe now that the business community has done a 180-degree turn, we can end the pretend debate about the "burdens" to business and focus on the real burdens to people trying to make a living.

-Chris Sanders