TEP celebrates the retreat of the "Special Access to Discriminate" Act

LGBT-inclusive workplace protections
may still expand in Tennessee.

Tennessee Equality Project celebrates today’s action in the House Subcommittee on Commerce. The “Special Access to Discriminate” Act (HB0598) was taken off notice today for lack of support among members of the subcommittee.

For the moment, this withdrawal means that state government will not be intruding in the contractual affairs of local government in Tennessee. Cities, counties and school boards rightfully remain free to define what is best for their communities in expanding workplace equality, living wages and other employee benefits without BIG government interference from the state.

TEP applauds the coordinated efforts of equality, labor, and municipal government advocates who helped bring about this bill’s retreat. However, we are not our of the woods yet. Bill sponsor Glen Casada told The Tennessean that 

he plans to put the bill back on notice in about two weeks and will use the interim to lobby opponents (he named Cordova lawmakers Steve McManus and Dennis Roach, specifically) to vote for the bill.

While today's withdrawal is a joyous event, we must be vigilant in making sure that this bill does not return while the 107th General Assembly is in session. We must also support the CAN DO ordinance headed for final reading by the Nashville Metro Council on Tuesday, April 5. 

Celebrate the withdrawal of this bill by making a contribution to Tennessee Equality Project so that we may continue to advance and protect the equality of lesbian, gay, bisexual and transgender people in our state. Consider that

• $25 prints 100 brochures/membership forms
• $50 allows us to reach over 120 voters with a mailing
• $100 trains 10 volunteers for lobbying their elected officials on GLBT issues
• $250 creates 100 folders for advocates at Advancing Equality on the Hill each year
• $500 pays for participating in events such as pride festivals in communities throughout the state
• $1,000 provides seed money for 4 house parties to reach the community and raise more money
• $2000 allows us to purchase better technology services to build and mobilize supporters for six months

While some of the above advocacy expenses may be more than many can afford, we all have like-minded friends and family who want to help advocate for equality in our home state. Consider forming a Host Committee with them for a House Party to raise awareness about LGBT equality initiatives like the above bill and raise funds to further the work of TEP. Learn more about House Parties here.


- Jonathan Cole

TN General Assembly offers good and bad legislation for LGBT people

Tennessee Equality Project is actively monitoring the following bills in the 107th General Assembly of the State of Tennessee. While not exhaustive, this list contains legislation in this session that may advance or threaten the equality of LGBT people and their families. Click the bill number links for the most current status of legislation and learn more about these bills and their potential impact on Advancing Equality Day on the Hill on March 1. - Jonathan Cole

CRIMINAL LAW

Sentence enhancements when gender identity motivates crime. (SB0314/ HB0188). Includes "gender identity or expression", rather than gender alone, on the list of motivations behind committing a crime that may be considered for sentence enhancement. (S: Marrero; H: Richardson).

EDUCATION

“Abstinence-Centered” Sex Education (SB 1305/ HB 1352). As introduced, implements an integrated sex education program in place of the family life curriculum and authorizes parents to maintain an action against an outside instructor or organization for teaching students about material prohibited by the curriculum guidelines. - Amends TCA Title 37; Title 49 and Title 68. (S: Johnson J.; H: Dunn).

Teaching of sexuality in elementary and middle schools (SB0049/ HB0229). Prohibits a public elementary school or middle school from the teaching of or furnishing of materials on human sexuality other than heterosexuality. (S: Campfield; H: Dunn).

Student participation in extracurricular activities (SB0426/ HB0432). Requires schools to notify parents or legal guardians of all clubs and organizations available to students attending such school by displaying such information in the student handbooks or policy guidebooks. Prohibits a school from allowing a student to become a member or participate in any activities of a club or organization if the parent or legal guardian of such student has tendered a written communication prohibiting such student from such membership or participation. (S: Campfield; H: Hill).

Schools must create policies to discourage cyber-bullying (SB0488/ HB0301). Defines cyber-bullying. Requires each school to implement policies against cyber-bullying and send a copy of the policy to the commissioner of education. Encourages school employees, students, and volunteers to report cyber-bullying, in addition to other forms of intimidation. (S: Ketron; H: Curtiss).

Policies regarding harassment, intimidation and bullying (SB0760/ HB1153). Clarifies terms and policies associated with harassment, intimidation and bullying. Adds that the policy prohibiting bullying shall not be interpreted to infringe upon the First Amendment rights of students and shall not prohibit their expression of religious, philosophical, or political views; as long as such expression does not include a threat of physical harm to a student or damage to a student's property. (S:Tracy; H: Dennis).

Policies on harassment and bullying (SB1923/ HB1105). As introduced, requires an LEA revising its policy prohibiting harassment, intimidation, or bullying, which was filed with the commissioner of education, to transmit the revised policy to the commissioner. - Amends TCA Title 49. (S: Woodson; H: Montgomery).

VITAL RECORDS

Birth certificate changes upon sworn statement (SB0313/ HB0187). Allows a person's birth certificate to be changed to reflect a change of that person's gender upon a sworn statement by a certain medical or mental health professional. (S: Marrero; H: Richardson).

VOTING RIGHTS

Photo ID required to vote (SB 0016/ HB 0007). As introduced, requires a voter to present qualified photographic identification before voting; voters without proper identification shall be allowed to cast provisional ballots. (S: Ketron; H: Maggart).

Photo ID required to vote (SB 0375/ HB 0402). As introduced, requires a voter to present qualified photographic identification before voting; voters without proper identification shall be allowed to cast provisional ballots. (S: Bell; H: Watson).

HEALTH CARE

Board of medical examiners to regulate genetic counselors (SB 0791/ HB0344). Recognizes that the board of medical examiners has the power to promulgate rules and regulations to administer the Genetic Counselors Licensing Act. (S: Overbey; H: Ramsey B.)

LOCAL GOVERNMENT

“Equal Access” to Intrastate Commerce Act (SB 0630/HB0598). Enacts the "Equal Access to Intrastate Commerce Act." Prohibits a local government from imposing an anti-discrimination standard that deviates or supplements the definition of "discriminatory practices" already existing in Tennessee Code Annotated. Prohibits any local government from imposing on any person health insurance benefits, minimum wage, or family leave requirements that deviates from state or federal statutorily recognized requirements. (S: Ketron; H: Casada)

"Equal Access" to Intrastate Commerce Act (SB0631/ HB0601). Enacts the "Equal Access to Intrastate Commerce Act." Prohibits a local government from imposing an anti-discrimination standard that deviates or supplements the definition of "discriminatory practices" already existing in Tennessee Code Annotated. Establishes that the only anti-discrimination employment practices or standards that may be legally enacted by a local government with respect to any person must be limited to race, creed, color, religion, sex, age, or national origin. Prohibits any local government from imposing on any person health insurance benefits, minimum wage, or family leave requirements that deviates from state or federal statutorily recognized requirements. (S:Ketron; H: Casada)

“Equal Access” to Intrastate Commerce Act (SB0632/ HB0600). Enacts the "Equal Access to Intrastate Commerce Act." Prohibits a local government from imposing an anti-discrimination standard that deviates or supplements the definition of "discriminatory practices" already existing in Tennessee Code Annotated. (S:Ketron; H: Casada).

HUMAN RIGHTS

Prohibition of discrimination based on sexual orientation (SB 1132/ HB 1317). As introduced, adds sexual orientation to the list of characteristics on which discrimination is prohibited in employment, public accommodations, and housing and financing. - Amends TCA Title 4, Chapter 21; Title 8 and Title 50. (S: Marrero; H: Jones S.)

Metro Nashville nondiscrimination ordinance for the new year

Rex mentions what the Nashville GLBT community has been discussing for months:

Look for major legislation from Council members Megan Barry, Tim Garrett and Ronnie Steine.

Barry has already said she intends to file a nondiscrimination bill to protect gay, lesbian, bisexual and transgender Metro employees. Steine has weighed in on English Only and word has it Garrett is considering attention-grabbing legislation as well.

With a dicey picture in the Legislature this winter, city and county governments may have to become the new focus for equality efforts in Tennessee.

Nondiscrimination ordinance talk for Nashville

See today's City Paper.

Metro School Board passes inclusive nondiscrimination policy

I received a message just minutes ago that the Metro Board of Education has passed additions to its nondiscrimination policy that include sexual orientation and gender identity.

The language can be found at MNEA's site. Here is the relevant portion:

Article III, Section I, Non-Discrimination

[New language is noted in bold.]

There shall be no discrimination in the filling of positions, administrative or classroom or extracurricular because of race, religion, creed, gender, gender identity, sexual orientation, national origin, color, age and/or disability. Nor shall an applicant for a position be discriminated against because of grade level taught where that experience is not requisite to the desired qualifications.

Congratulations to MNEA for pursuing the policy change and for the Board of Education for adopting it. The achievement comes after years of raising awareness and conversation. Current and future teachers will enjoy an environment where discrimination is not tolerated. Let's hope this opens the door to an inclusive nondiscrimination policy for all Metro employees.

KY Gov restores protections for GLBT state employees

Kentucky Governor Steve Beshear restored protections to GLBT state employees yesterday. His executive order adds sexual orientation and gender identity to the protected classes in state employment. His predecessor Governor Ernie Fletcher had stripped the protections in 2006.

Beshear, a Democrat, said in a statement yesterday that the [Fletcher] policy meant that "a gay person could be fired simply for being gay. A person should be hired or dismissed on the basis of whether they can do the job. Experience, qualifications, talent and performance are what matter." The order says that the protection includes matters relating to "hiring, promotion, termination, tenure, recruitment and compensation."

Well, how about it, Governor Bredesen? Are you ready for Tennessee to join 27 other states and make sure state employees are hired and rewarded according to their merit without fear of discrimination?

A must-read from PFLAG Tri-Cities

Take a minute to read this blog post by the Rev. John Shuck of PFLAG Tri-Cities. John represented the NYC Comptroller's office at the Eastman Chemical shareholders meeting where he presented a resolution for the company to add sexual orientation and gender identity to their nondiscrimination policy. Thanks for stepping up, John!

Editorial challenges UT-Martin to work toward fairness

Will York of the UT-Martin Pacer devotes a substantial portion of his editorial to the stalled nondiscrimination policy at the school.

Most of the time, this injustice never directly touched me, and it was easier for me to be fair and emotionally detached from both sides of the story.

But now the Executive Committee for the Faculty Senate - with advice from lawyers in high places - has once again mangled the will of students, and the sexual orientation amendment isn't on the agenda for Tuesday's meeting.

One member of the committee said religious students may be offended by codifying the university's position against discrimination. A lofty and powerful visitor to their meeting said UTM is opening itself up to lawsuits. Others said discrimination against gays is simply not a problem on this campus.

Does this rhetoric sound like a progressive college campus, or is this - despite what I was told as a prospective high school senior - yet another example of the intolerance the South is so noted for?
Campuses should be open and accepting to all viewpoints and walks of life; even if my path of gay vegetarianism offends your frail moral sensibilities, I should still be given human respect.

Fairness also includes keeping your word.

To that end, administrators should not mislead - intentionally or accidentally - students into making decisions with their money, or anything else.

I hope the SGA will continue to effectively challenge administrators to maintain fairness, and I hope SGA will be accountable to itself to be effective.

UT-Martin nondiscrimination policy stalls

Look here for the UT-Martin Pacer story. Basically, the move that would add sexual orientation and gender identity to the school's nondiscrimination policy, that passed easily in student government, has stalled in the executive committee of the faculty senate. Some of the members say they aren't aware of any problems.

I suppose that they can't remember this hate incident last year on campus in which anti-gay threats were written on the West Tennessee campus sidewalks during the Day of Silence.

The policy change could still come up at the faculty senate meeting on April 22.

Here is a list of colleges and universities that have inclusive nondiscrimination policies.

Dean signs Metro contracting non-discrimination law

http://www.nashvillecitypaper.com/news.php?viewStory=59573

Yesterday, Nashville Mayor Karl Dean signed into law the non-discrimination bill for minority contracts. The bill's goal is to give women and racial and ethnic minorities more access to Metro contacts. There will possibly be a follow-up story as soon as tomorrow in the City Paper on the omission of GLBT businesses from the law.

Implications of the City Paper sale

http://blogs.nashvillescene.com/pitw/2008/04/more_details_on_the_city_paper.php

Former Metro Council member and former Nashville Scene publisher Chris Ferrell is buying the City Paper. His company also owns Nashville Post. The plan is to beef up the web presence of the City Paper and publish a print edition on Mondays and Fridays. The obvious questions about whether the new model can make money have been raised. The Scene's piece in Pith in the Wind also raises important political coverage questions. The City Paper and Nashville Post provide some of the best political coverage in the state (along with the Chattanooga Times Free Press). There are no plans to axe the editors of either who are highly focused on state and local political news.

The City Paper has been a reliable source for coverage of publicly relevant GLBT stories over the last few years. Their editorials have also been generally supportive of our community seeing negative legislation for what it is--a diversion and divisiveness.

Nashville's GLBT community will remember Ferrell as one of the champions of the failed non-discrimination ordinance that would have protected Metro employees on the basis of sexual orientation, though not gender identity. Chris has been a reliable friend to the community and his support goes back at least to the early nineties during his days at Vanderbilt Divinity School where he and I were both students at the same time.

I admit that I will miss picking up my copy of the City Paper every week day, but a heftier version on Mondays and Fridays will certainly be welcome. Best of luck, Chris!

A hat tip to Jerry Jones for making me aware of the story.