Choosing the terrain: How equality legislation can win in Tennessee

"...having chosen the terrain, each charge achieved the maximum impact." So Desmond Seward describes the 13th century military victories of the Christians during the Reconquista (The Monks of War, 164).

No matter what you're doing you stand a better chance of winning if you choose the contest. 2009 marks a turning point in equality legislation in Tennessee because our community has chosen the battle sites more than ever before. For the most part, we've played defense since the 1990s. 2005 marked the high point in the defensive battles when a flood of anti-equality legislation was introduced in the General Assembly and the marriage amendment passed in its required second legislative session to go to the ballot in 2006.

Those battles forced us to develop a strong defense. But even if the other side isn't scoring, it's a lot like a scrum in rugby. If the ball's not heading your way as it comes out, your scrumhalf is still yelling, "Losing."

Despite the fact that we still have to take defensive positions on adoption and other bills, we've added a mildly successful offense this year. TTPC worked with legislators to introduce a hate crimes bill that garnered about 20 House sponsors and actually made it out of a House subcommittee. The Shelby County non-discrimination resolution that passed in June wasn't the ordinance that we wanted, but it provides more protections than were available before the Shelby County Commission took up the matter. The Metro Nashville non-discrimination ordinance passed the Council with a few votes to spare.

In all these cases, choosing the policy target and the venue for its hearing made a profound difference by throwing our opponents off their game. 2009 has also revealed that our level of organization is solid, which even our opponents have been forced to admit. Giving people something positive to fight for enhances the organizational efforts by attracting new and battle tested troops hungry for victory. Even in a socially conservative state like Tennessee, when the elements of choice and organization are yours, you have an even shot at winning. Expect more of the same in the coming months.

-Chris Sanders

State and Local vs Federal? The controversy over the March

Adam Bink has an interesting post at Open Left about a controversy within the GLBT community about the National Equality March and whether we should focus resources on state and local issues vs. federal.

The controversy turns in part on rhetoric and in part on strategy. The public face of the March, Cleve Jones, says that the state by state strategy has failed and he's tired of fighting that way. He desires a major Civil Rights style push at the federal level.

The rhetoric is annoying and yet understandable. But I think most of us in the Tennessee GLBT community can see past it. The people we know from Memphis, Cookeville, Knoxville, and so on who are connected with the March have been great state and local advocates. And I have no doubt that they will continue to work hard on those issues when they return from the March. I suspect they wish it were not necessary to fight so hard to gain so little in Tennessee. But I bet they continue to do so even as they add a substantial focus on federal issues to their work. So while I agree with the critique of Jones' remarks, I don't think they're an indictment of the March itself.

The issue of strategy is what really matters, but perhaps we are presented with a false choice between state/local and federal. Many of us working at the state and local level don't consider such work a failed strategy. For example, in Nashville, every Metro position will now be covered by a non-discrimination policy that didn't exist before. I can't see how that's a negative. If anything, it helps affirm Congressman Jim Cooper in his support of the federal Employment Non-Discrimination Act. It gives confirmation to those members of the Davidson County delegation to the General Assembly who have fought against the adoption ban and for the state hate crimes bill. And if we were to pass equality legislation at the state level, wouldn't it increase the odds that more of Tennessee's congressional delegation would support federal equality legislation?

And the March will paradoxically help in exactly the reverse order with respect to activists. Marchers will go to Washington, D.C. to make a huge show of force for full equality at the federal level. When they come home they will hopefully continue to work for that. But you can't tell me that they won't have any fire to defend our adoption rights here in Tennessee. And you can't tell they won't care about non-discrimination efforts in our cities where we are making progress. I can't speak about the situation in other states. But I've talked to and worked with the leaders who are going from Tennessee, and I know they care about their communities and their state.

There's enough work to go around and I hope those who go to DC come back inspired to help at every level. I believe they will inspire those of us who can't go to expand our efforts to keep working for full equality. We can all gain from the March if we look at it the right way.

TEP endorses National Equality March

The Tennessee Equality Project endorses the National Equality March. We support the stated goal of "Equal protection in all matters governed by civil law in all 50 states."

It is our hope that the National Equality March inspires new activists to work for equality in ways that advance vital policy goals. In Tennessee, our hate crimes statute excludes gender identity and expression. We have no protections from employment discrimination based on sexual orientation and gender identity or expression. We lack any form of relationship recognition unless our employer chooses
to provide partner benefits.

At a time when our professional lobbying and citizen engagement
efforts are bearing fruit, we see fresh opportunities to pass state
and local legislation that makes life better for our community. In
that spirit, we invite the participants in the March to become
actively involved in the movement to advance equality in Tennessee when they return.

Opposition to the NDO: Phantom of its Former Self

One could say a great deal about why the effort to pass the Metro non-discrimination ordinance succeeded. I had thought about writing extensively about that, but I think I'll leave it at this. A very smart, strategic group of Metro Council Members led by Megan Barry were masters of the process and the arguments. It was an honor to help develop the ground game to support their efforts, and TEP is extremely grateful for their work.

But I will say a bit about why the bill didn't fail. The opposition really never materialized. Despite the press continually pointing out that the bill was "controversial," the controversy was a mere echo of 2003.

Churches: I think we can put to rest the old canard of the "churches vs. the GLBT community" with respect to policy issues that come up in Metro government. There were certainly some Evangelicals who opposed it. But Family Action itself indicated that efforts to mobilize congregations against the bill were failing before third reading:

"Although Family Action of Tennessee (FACT’s 501(c)(4) sister organization), a few churches and other organizations tried to rally Nashville-area Christians to urge their council members to defeat this ordinance, it moved forward by a vote of 23 to 16, with one abstention."

Nashville congregations had other things to do, like the support the ordinance, for example. Ten congregations--Jewish, Christian, Unitarian--supported the effort. In fact, we kicked off our campaign in October 2007 in a Church setting. Councilman Bo Mitchell's comments yesterday during the Personnel Committee meeting reflected the changed situation when he said that his "God doesn't discriminate." Sure, the inflammatory comments of Councilman Jim Hodge made an appearance in the debate, but they didn't seem to have any persuasive force.

Local vs. Imported: The opposition also failed because they could not mobilize support inside Davidson County. I heard again and again that Council Members were receiving negative emails from Franklin and Murfreesboro. The one letter to the editor in the Tennessean against the bill came from Cookeville. In fact, last night, some came from as far away as Bartlett to oppose the bill:

Among them was Liese Thomas, who drove from Bartlett, Tenn., in Shelby County.

"I believe that one man and one woman's marriage is the stabilizing force of all healthy civilizations, and where there are any deviations, the civilizations start to crumble," she said.

Even though the bill didn't address the issue of marriage, Thomas said her argument applied because approval of any "deviant behavior" inevitably leads to destruction of values.

I guess she missed her chance to say that back in June when we were working on the Shelby County non-discrimination effort. I have no idea why the opposition thought the Council wanted to hear from people outside Davidson County.

Web vs. ?: I don't know what tactics the opposition used to reach people. Their use of social networking media seemed non-existent. I know that we used it extensively as one tool among many to drive contact with Council Members. The opposition's resources, not to mention their language, struck me as primitive.

Obviously we'll be doing a great deal of thinking about what worked and what didn't work over the coming days as we prepare for the non-discrimination effort in Memphis City Council. But today we celebrate a great victory! Thank you, Nashville.

Bill Introduced in Congress to Repeal DOMA

This morning, Representative Jerrold Nadler (D-NY) introduced a bill in Congress to repeal the so-called "Defense of Marriage Act." If passed by the Congress, Rep. Nadler's legislation would be a real step forward in the march for full equality and we applaud his efforts, but LGBT people must stop settling for compromises and half measures.

Equal rights are not a "gay" issue. They are about our shared human rights: safety in our schools and jobs, equitable healthcare and housing, and protection for our families, to name a few. Like all other Americans, LGBT people are guaranteed equal protection under the law by the 14th Amendment to the United States Constitution. Free and equal people do not compromise, and that's why we're marching on Washington next month with one simple demand: Equal protection for LGBT people in all matters governed by civil law in all 50 states. Now.

Please ask your Representative to co-sponsor this legislation as an important first step, and remind them that there are no fractions of equality.

When Harvey spoke at Gay Freedom Day at San Francisco City Hall in 1978, he invoked the words of the Declaration of Independence: "All [people] are created equal. No matter how hard you try, you can never erase those words." No more compromises. We are equal.

-Adapted from Cleve Jones message to Equality Across America Members

LGBT issues addressed in Memphis Mayoral Forum

WMCTV5 and the League of Women Voters held an informative and entertaining forum at Opera Memphis featuring candidates for Mayor of Memphis last night. I say forum, because the event was not structured for debate. A debate would have been difficult to moderate with 9 candidates. I was lucky to be a member of the live audience. There was not a great deal else going on behind the scenes (unless you count Prince Mongo's bare feet and rubber chicken), if you weren't present. Television viewers who watched now have a glimpse of the strengths and weaknesses of each candidate on the issues and on style.

In the end, it's the issues in this contest that should most concern us, and the LGBT community and their allies can be pleased that relevant questions affecting our community were posed to the candidates.

In a round of viewer questions in which candidates were asked to respond with a "yes" or "no," ALL candidates said they supported non-discrimination policies for Memphis city employees similar to those pursued with Shelby County government last spring. That's outstanding news and a tribute to the work that citizens of Memphis and Shelby County have done to move the political conversation into new territory. The unanimous response gives a boost to the campaign to pass a non-discrimination ordinance in the Memphis City Council.

While the non-discrimination question was a high point, the low point came when Jackson Baker of the Memphis Flyer asked Dr. Kenneth T. Whalum if he would explain what happened to the two women who visited his church last Sunday. Whalum began by saying "absolutely nothing." He said everyone knows what happened and asked people to "come over and find out." Whalum's response only heightens the mystery of what really happened at New Olivet Baptist Church and casts a shadow of doubt over his affirmative answer to the non-discrimination policy question posed earlier in the forum.

Check TDN Blog, Vibinc, Jackson Baker, Wendi Thomas, and Memphis Liberal for further reactions to the forum.

Watch the video here.

Mayoral candidate refuses on-camera interview over expulsion of lesbian couple from his church

The Rev. Dr. Kenneth T. Whalum, Jr.'s response to media inquiries over why his church expelled a lesbian couple from a worship service are only adding to the controversy. Youtube videos of services at New Olivet that are widely available to all provide a glimpse of the animated and spirited worship services held at the church. Dr. Whalum's subjective and vague claim that Yas Meen and Monique Stevens were "boisterous and loud" during the service last Sunday might also describe him and the rest of the congregation when the spirit runs high during services at the church.

His refusal to provide a more detailed description of the "disruptive behavior" he says took place only increases suspicion of the reason he gave for why the couple was accosted and ejected from his church. It is particularly galling that Dr. Whalum would resort to the tiresome claim that a lesbian couple must have an "agenda" if they are attending his church. The only agenda they had was to hear from a mayoral candidate whom they wanted to support. Dr. Whalum and New Olivet Baptist Church have every right to preach the word and worship in any way they wish. But when Dr. Whalum declares that he wants to be Mayor of this city, his appeal must be broader than than the pews he fills each Sunday in church.

Many people have commented on the Commercial Appeal story that New Olivet records video of each church service. Releasing video of what happened last Sunday would help clarify what really happened.

Female couple expelled from Mayoral candidate's church for "disruption"

The Rev. Dr. Kenneth T. Whalum, Jr. has some explaining to do.

Two women reported a disturbing story to me about their visit to last Sunday's morning worship service at New Olivet Baptist Church in Memphis that was also reported in this morning's Commercial Appeal. Yas Meen and Monique Stevens, a couple, decided to visit New Olivet to learn more about Whalum. Yas, a retired school teacher, admired Whalum’s passionate support for public education and considered supporting his candidacy for Memphis Mayor. Whalum currently serves on the Memphis City Schools’ Board of Education.

Yas and Monique visited New Olivet for the first time. They had heard that people are encouraged to “come-as-you-are” to the church. Many people wear casual clothes to worship there. On this particular morning, they observed several young men wearing basketball jerseys. Yas wore a dress while Monique wore a pair of slacks to the service that morning - dressier than many in the congregation. However, Yas and Monique felt a little uncomfortable when they entered and sat in the front pew after the service had started. They began to notice looks of disapproval from members of the congregation. The reason would become all too clear to them.

As the service progressed, Pastor Whalum called on the congregation to participate in expressions of “sanctified dance.” Congregants followed Whalum’s lead and began to fill the aisle. Some danced while other lay on the floor in prayer. As visitors, the style of worship was new to Yas and Monique, so they decided to remain seated and observe.

That’s when events turned for the worse. From the front of the church, the two women alleged that Whalum said “this is my house and everybody does what I say. But two people won’t do what I say.” After Whalum’s plea, Yas and Monique remained seated. When Monique extended her arm along the pew behind Yas, the congregation’s focus on the couple intensified.

Yas described what happened next:

[A] security guard asked us to leave because we were disturbing God's House. I asked what had we done to disturb God's House. He could not give me an answer. He just said you two need to leave. He informed us that he had called the police. I told him because I did not clearly understand what was going on, we will just wait for the police. That's when the herd of men gathered around to physically remove us from God's House! While this was going on, the church's photographer was taking pictures of Monique and I. We begged them to stop taking pictures of us. She continued and when she finished, she blew us a kiss and said God Bless You!

Under the watchful eyes of Pastor Whalum, children taunted the two ladies and women began to throw oil on them. A group of men gathered around them, calling them “bitches”, “Satanic,” and “devil worshipers.” They were told that they were dishonoring God’s House. Finally, a group of 25 young men began physically and violently pushing the two ladies out of the church. Monique’s glasses were broken and both suffered scratches and bruises.

During the incident, the church called the police because Yas and Monique had been “disruptive.” Yaz:

found it so strange how the security guard could not give us the reason, when the situation happened, of how we were disruptive until the police asked him, which was almost 45 minutes to an hour after the event. That's when he told us along with the police, that it was because Monique had extended her arm along the back of the pew seat right next to [me].

Yas and Monique may file assault charges against members of the church who put hands on them.

As this violent crime unfolded, Pastor Whalum said nothing and did nothing to intervene. As someone who wants to be the next Mayor of Memphis, Pastor Whalum has some explaining to do. Does Whalum condone violence toward gays and lesbians? Will he condone such behavior toward gays and lesbians among citizens and employees of the City Memphis? If this is how Whalum treats potential supporters, how will he treat his opponents? Is this the kind of leadership Memphis can expect from him as a Mayor?

Metro Nashville NDO passes second reading

The non-discrimination ordinance sponsored by 10 Council Members that would protect Metro employees from discrimination based on sexual orientation and gender identity passed on second reading 23 to 16 with 1 abstaining. Third reading takes place on September 15.

This is a great victory because the bill has now gone further than the ordinance in 2003 went in the process. Council Member Megan Barry and the other 9 sponsors have done a great job keeping their votes together. Over 40 organizations have helped convince the majority of Council Members so far that the ordinance has merit. Council Members Barry, Ronnie Steine, and Erik Cole spoke eloquently for the ordinance despite some rhetoric against the bill that was difficult to hear.

Much of the attention in the debate focused on Councilman Sam Coleman's substitute ordinance. His supporters attempted to defer Barry's bill, but they failed when Councilman Cole successfully tabled the motion to defer Barry's bill 22 to 18.

Here's how they voted on the Barry non-discrimination ordinance:

AYE: Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Jameson, Cole, Jernigan, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Adkins, Wilhoite, Todd, and Mitchell.

NO: Tygard, Craddock, Murray, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Crafton, Foster, Dominy, Hodge, Toler, Coleman, and Duvall.

ABSTAIN: Bennett

Vanderbilt, Nashville Firefighters, and congregations support Metro NDO

Vanderbilt University, Local 140 IAFF (Nashville Firefighters), two neighborhood associations, and now six congregations have joined the broad-based list of organizations supporting the non-discrimination ordinance that protects Metro employees from discrimination based on sexual orientation and gender identity. The updated list is now available.

The ordinance is on second reading at Metro Council tonight.

Update: I was just informed that the Belmont-Hillsboro Neighbors have voted to endorse the Metro non-discrimination ordinance.

Update 2: Vanderbilt's own release on joining the list:

Vanderbilt University has joined the list of endorsers of a non-discrimination ordinance making its way through the Metro Council, which is scheduled to take the second of three required votes tonight.

The ordinance would make it illegal to discriminate because of sexual orientation or gender identity when it comes to hiring, promotion or firing of Metro Nashville employees.

“Vanderbilt has had a similar non-discrimination policy in place for several years, and it reflects the kind of open, inclusive and tolerant environment that Vanderbilt strives to create and that our faculty, staff, students and visitors expect,” said Chancellor Nicholas S. Zeppos. “The proposed Metro ordinance likewise sends a positive message about the city, which Vanderbilt so proudly calls home.”

Nashville has no legal protections against employee discrimination based on sexual orientation, which 170 cities and counties along with half of the United States have already put in place. Federal rules banning such discrimination have been in place for more than a decade.

“I appreciate that Vanderbilt has had this policy in place for so many years, and it’s time for the rest of Nashville to catch up,” said Councilwoman Megan Barry, an at-large member of the council and the lead sponsor of the legislation.

Contact: Jim Patterson, (615) 322-NEWS
jim.patterson@vanderbilt.edu

Update 3: The Tennessee Federation of College Democrats have just joined the list.

Discussion of workplace fairness and equality to begin in Memphis City Council committee

TEP's Shelby County Committee is proud that the Memphis City Council will seek to establish workplace protections for LGBT city employees. The Council’s Personnel, Intergovernmental and Annexation committee will begin discussing a non-discrimination ordinance on Tuesday, August 18 that would prohibit employment discrimination based on religion, race, sex, creed, political affiliation, sexual orientation, gender identity or expressions or other non-merit factors.

Memphis would join Shelby County government and nearly 200 municipalities and 20 states who currently protect gay, lesbian, bisexual, or transgender employees from unfair discrimination on the job. Hundreds of citizens spoke in favor of similar county legislation last spring at a unity rally and in front of the Shelby County Commission.

This discussion on fairness and equality begins in the middle of a special election season for a new Mayor following Dr. Willie W. Herenton's retirement on July 30 from 18 years as Mayor of Memphis. In keeping with the current city charter, City Council Chairman Myron Lowery became Mayor Pro Tem when Herenton left office. Lowery's service as Mayor Pro Tem during this interim time leaves one seat vacant on the 13-seat City Council. While applauding the intent of the City Council, TEP supports delaying the advancement of the Non-Discrimination Ordinance until Memphis elects a new mayor and all areas of Memphis are fully represented on the council.

When the Memphis NDO comes up for a vote, TEP will be ready to argue the merits of this important legislation along with supporters like you. In the meantime, send messages of support for fairness and equality in the workplace to your Memphis City Council representatives at the addresses below.

Memphis citizens have four (4) city council representatives (1 District + 3 Super District Council members).

All Memphis citizens live in one of the following Council districts:

District 1: Bill.Morrison@memphistn.gov
District 2: Bill.Boyd@memphistn.gov
District 3: Harold.Collins@memphistn.gov
District 4: Wanda.Halbert@memphistn.gov
District 5: Jim.Strickland@memphistn.gov
District 6: Edmund.Fordjr@memphistn.gov
District 7: Swearengen.Ware@memphistn.gov

If you live in the Southwest half of Memphis you have 3 Super District 8 representatives:

Super District 8, Position 1: Joe.Brown@memphistn.gov
Super District 8, Position 2: Janis.Fullilove@memphistn.gov
Super District 8, Position 3: Myron.Lowery@memphistn.gov (currently Mayor Pro Tem)

If you live in the Northeast half of Memphis you have 3 Super District 9 representatives:

Super District 9, Position 1: Kemp.Conrad@memphistn.gov
Super District 9, Position 2: Shea.Flinn@memphistn.gov
Super District 9, Position 3: Reid.Hedgepeth@memphistn.gov

No substitute for equality: Why the Coleman bill falls short

As Jeff Woods reported early this morning, Metro Councilmen Sam Coleman, Phil Claiborne, and Duane Dominy have filed an ordinance to counter the real non-discrimination ordinance filed by Council Member Megan Barry and nine others.

Coleman's ordinance reads: "It is unlawful for the metropolitan government to discriminate against any person in recruitment, examination, hiring, appointment, training, promotion, retention, or employee discipline because of non-merit factors. For purposes of this section, “non-merit factors” are those factors that relate exclusively to a personal or social characteristic or trait and are not substantially related to successful performance of the duties of the position."

If there are Council Members who can't figure out the definition of sexual orientation, then I suspect that "non-merit" factors will also be a problem. It's incredibly vague. If the opponents of the real non-discrimination ordinance filed by Barry et al thought it would invite lawsuits, then they should hate Councilman Coleman's bill. People would think they could sue for anything under this new bill. Furthermore, the bill is unlikely to offer any real protection. Woods paraphrases the opinion of Law Director Sue Cain: "But legal director Sue Cain already has said Coleman's bill wouldn't provide any new protection for gays and lesbians. Essentially, in fact, it would do nothing, Cain says."

The real problem with Coleman's bill is that the citizens of Nashville did not ask for it. Perhaps the Family Action Council or the Tennessee Eagle Forum did. The citizens of Nashville (as represented by over 30 groups including Churches and neighborhood associations) back the bill that Council Member Megan Barry and the nine other sponsors have introduced. You can find that list here including future updates.

Help TEP fight the lies and propaganda of the right wing

A Non-Discrimination Ordinance has not even been filed in the Memphis City Council, but a group called "Memphis City Churches" is already organizing against fairness and equality in the workplace.

Memphis City Churches has posted a petition on its website directed toward the Memphis City Council. The petition relies on erroneous propaganda and opposes any ordinance that establishes workplace equality for gay people.

When I look at their website, I notice that Memphis City Churches lists no one they claim to represent - individuals, pastors or churches. This "faceless" organization is spreading lies to the Memphis City Council without having the guts to step forward into the light. The devil quotes Scripture too.

Who's lurking in the shadows plotting against freedom in Jesus' name? A website of this sort costs money, but who is funding Memphis City Churches? If I were a pastor, priest, or church council member, I'd sure want to know.

In this fight for fairness and equality, we often don't know who we are up against. But we know they have deep pockets. Which is why it's so critical to support TEP's efforts to fight them. Consider making a contribution to support the work of TEP so that we'll always be ready to win legislative battles at the state and local level.

Quote of the Day: Viral Town Meeting

One analyst's view of what's going on at health care town hall meetings around the country, from the New York Times:

“We’re living in the era of the viral town meeting,” said Ross Baker, a political scientist at Rutgers University who once worked as a Senate aide. “I remember back in the ’70s getting identically worded telegrams in the thousands. What’s happened now is the technology of protest has metastasized, and it threatens to overwhelm the relationship between members of Congress and their constituents.”

Drowning Out Democracy: The District 9 Townhall Meeting

The following is a piece written by Michelle Bliss of the TEP Shelby County Committee and reprinted with her permission:

Well congrats to all the conservatives in District 9. You made a big splash at the Town Hall Meeting with Steve Cohen today. You and the several dozen people from out of town who shouted down the speakers and stepped all over the First Amendment rights of the constituents. Good job. You successfully destroyed the ability of your neighbors to ask questions and hear the answers. Oh and you were helped by people who drove in from Nevada, California, Atlanta, Desoto County Mississippi, and Alabama. People who are not residents in this district and came here specifically to help you squash your neighbors ability to have a meeting with their elected representative.

You must be so proud of yourselves for being part of the solution like that. Because everyone knows that interfering in the open and free discourse of citizens with their representatives is in the best interest of America. Congrats.

By the way, you also achieved something else today. You successfully volunteered to be the voices of the Insurance lobby. Good job. I hope you got paid for it, because the people from out of town did. The got all their expenses paid by the same people who screwed up the healthcare system in the name of profit based rationing of services that you claim you are afraid will happen under this plan. Good job. They didn't even have to pay you.

The guy I got in a shouting match would not answer one simple question...do you live in the district? he did not, he is from Atlanta. I know because he parked next to me with hsi georgia plates. He would not answer who he works for either. He was wearing a $30k watch and $500 shoes. Must be nice. His wife had on 2 carets worth of earrings. Nice. What did you get for coming to the meeting?

Is the healthcare plan perfect? No, it isn't. And we will never know what it could have been with our input. Good freaking job.

Non-discrimination ordinance deferred for two weeks

Tonight the Metro Council voted 22 to 13 to allow the non-discrimination ordinance to be deferred two weeks, but not before battles that revealed how far some Council Members were willing to go in ignoring councilmanic courtesy.

It started at 4:45 at the Personnel Committee meeting. Councilwoman Megan Barry sought a motion to defer the ordinance a couple of weeks, but the motion failed. Then a discussion of the proposed amendments ensued, but with one glaring omission. Councilwoman Barry herself never got to speak. This is outrageous behavior. It is common courtesy to allow Council Members to defer their bills and it is certainly common to allow the sponsor to speak.

Supporters of the ordinance regrouped after the committee meeting for a possible floor fight. Councilwoman Barry moved to the defer the bill, but Councilman Robert Duvall rose to table the motion to defer. His motion failed 14 to 22 with 0 abstentions and 4 absent. Again, it is notable that the common practice of allowing a sponsor to defer was almost ignored. The vote on deferring the ordinance for two weeks passed 22 to 13 with 1 abstention and 4 absent.

What we take away from tonight is a clear sense that the bill's opponents will use every procedural move at their disposal to stop the bill, just as they did on first reading when they pulled it from the consent calendar. Passing the bill requires that we never underestimate their drive to stop it.

A bright spot was the confirmation of former Metro Council candidate David Glasgow to the Tourism and Convention Commission.

Here's how they voted on the motion to defer:

AYE: Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Murray, Jameson, Bennett, Page, Moore, LaLonde, Gilmore, Baker, Langster, Holleman, McGuire, Adkins, Foster, Coleman, Todd

NO: Hunt, Craddock, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Crafton, Dominy, Hodge, Toler, Duvall

Abstain: Wilhoite

Absent: Cole, Jernigan, Evans, Mitchell

Another talking point against the Metro ordinance bites the dust

The American Psychological Association hammered another nail in the coffin of the Family Action Council's talking points on the Metro non-discrimination ordinance today. The press release dealt a blow to the idea that therapists can or should try to change the sexual orientation of their clients:

"Contrary to claims of sexual orientation change advocates and practitioners, there is insufficient evidence to support the use of psychological interventions to change sexual orientation," said Judith M. Glassgold, PsyD, chair of the task force. "Scientifically rigorous older studies in this area found that sexual orientation was unlikely to change due to efforts designed for this purpose. Contrary to the claims of SOCE practitioners and advocates, recent research studies do not provide evidence of sexual orientation change as the research methods are inadequate to determine the effectiveness of these interventions." Glassgold added: "At most, certain studies suggested that some individuals learned how to ignore or not act on their homosexual attractions. Yet, these studies did not indicate for whom this was possible, how long it lasted or its long-term mental health effects. Also, this result was much less likely to be true for people who started out only attracted to people of the same sex."

One of the talking points used against the ordinance by advocacy groups and picked up by some Council Members is the idea that sexual orientation shouldn't be covered because it can change. For example, one Councilman made that argument in a NewsChannel 5 piece:

"How do we identify them? How do we know if they're telling the truth? What if they want to change in the middle? And it's something... you choose this way of life," said Metro Council Member Robert Duvall.

Unfortunately, such misinformation fed to our elected officials has negative policy consequences. But a thorough review of the literature and the studies makes it clear that there is no evidence for change in sexual orientation. Even if there had been evidence, it doesn't mean people wouldn't discriminate based on real or perceived sexual orientation. So the argument falls on two counts.

Fowler on Stanley: Oh, wait, he's too busy with the Metro ordinance

If you're looking for any denunciations of Sen. Paul Stanley's behavior on the Family Action Council of Tennessee's website, you won't find them. Thanks to Jeff Woods at the Nashville Scene, we do know what they consider the real threat to marriage to be--employment protections for Metro workers. That's where they're spending their time.

As their Church bulletin insert notes:

We need to appreciate that God will not be mocked; protecting and even fostering behaviors that violate God’s creational design for marriage and intimacy cannot, in the long run, serve the common good as they undermine the God-endowed foundational importance of the family.

Adultery, photographs, cover ups... are these part of God's design? Where's the outrage, Mr. Fowler? Employment protections are more of a threat than this? Are you not denouncing Sen. Stanley's behaviors because he was one of your go-to guys on so-called pro-family legislation?

Former Metro employee shares story of discrimination

The following story, submitted by a former Metro employee, makes a compelling case for a clear non-discrimination policy that covers sexual orientation and gender identity.

"I am a former Metro employee. I held a Director level position for approximately three years at a Metro Nashville-Davidson County Department. I came to Metro with a 20 year background working in city & county government and 15 years experience specific to my specific field. I was excited to move to Nashville and honored when I became a Metro employee. Sadly after a few years I was no longer excited. In fact, I was discouraged, disappointed, and even a little disgusted. Worst of all, I had become disconnected from who I was and what I believed in personally and professionally. My story below describes my experience and the atmosphere I faced at work which eventually led to my launching a job search, leaving Metro and ultimately Tennessee."

To continue reading, follow this link.

Who's supporting the Metro NDO?

Here's the list so far of organizations supporting the Metro Nashville non-discrimination ordinance:

Human Rights Campaign
National Organization for Women, Nashville Chapter
Nashville GLBT Chamber of Commerce
Tennessee Transgender Political Coalition
Brothers United Network, Inc.
ACLU of Tennessee
PFLAG Nashville
Impact Equality
Nashville Women's Political Caucus
First Church Unity
National Black Justice Coalition
Davidson County Young Democrats
Democratic Women of Davidson County
TEP PAC
Out & About Newspaper
SEIU Local 205
Tennessee Equality Project

Nashville couple unharmed by Denmark bomb scare

Out & About Newspaper is reporting that the World OutGames in Denmark were rocked by a bomb attack today. Nashville couple Sam Felker and Keith Little, who are participants in the games, were present but unharmed during the explosions. The Out & About story links to Sam and Keith's blog that describes their experience.

Sam is a member of the Metro Board of Health and also serves as one of TEP's district captains in the effort to pass the non-discrimination ordinance.

Everyone at TEP is glad that Sam and Keith are all right and wish them luck in the remainder of the games. But it's very sad that an apparent hate attack has disrupted these events and put people from our city in danger.

More myths about the Metro Non-Discrimination Ordinance

Newschannel5 explores the Metro non-discrimination ordinance. Council Member Megan Barry does a great job of explaining the basis of the ordinance in terms of actual complaints of discrimination and the need to attract a talented workforce like private sector employers.

Those opposed repeat the same old arguments without any basis. Let's go point by point.

1. Special rights? Wrong. The same rights. What's the argument? Sexual orientation and gender identity are general categories that apply to all people. We all have a sexual orientation; it's not just for gay people. The ordinance would also protect straight people targeted for discrimination by a gay supervisor because they are straight. Gender identity is also a general category that is applicable to all people. Some people live their lives as men and some live their lives as women. Pretty basic. Men and women come across as more or less masculine and feminine on a full scale. Should it matter how masculine or how feminine people think you are if you can do your job? These are non-merit factors and shouldn't be the basis for firing or not hiring someone.

2. Sexual orientation is a choice? No, it's really not. Human beings don't really choose whether to be attracted to and fall in love with the same sex, the opposite sex, or both. It's not like going into a diner and saying, "I think I'll have the spaghetti today." Check the American Psychological Association if you don't believe an activist.

3. Won't there be lawsuits? It's not likely. Do we really think private employers choose to adopt employment policies that invite lawsuits and endanger the bottom line? The goal of non-discrimination policies is to prevent discrimination so people can focus on their jobs. Furthermore, the Tennessee Board of Regents has adopted the same non-discrimination policy that Metro is proposing and there have been no lawsuits based on sexual orientation or gender identity.

Stay tuned. I'm sure we'll have to break it down a few more times as the ordinance moves along.

Mixed results in shift toward progressive politics in TN cities

In a provocatively titled piece "The Coming End of the Culture Wars," the Center for American Progress looks at how much more progressive America and particularly urban areas have become since 1988. They look at issues such as guns, abortion, and same-sex marriage.

After pointing out recent failed attempts to marshal the culture war in national politics, the analysis describes the demographic trends driving the shift toward progressive politics:

BEGIN QUOTE "First, Millennials—the generation with birth years 1978 to 2000—support gay marriage, take race and gender equality as givens, are tolerant of religious and family diversity, have an open and positive attitude toward immigration, and generally display little interest in fighting over the divisive social issues of the past. The number of voting age Millennials will increase by about 4.5 million a year between now and 2018, and the number of Millennials who are eligible voters will increase by about 4 million a year. The 2020 presidential election will be the first where all Millennials will have reached voting age, and at that point the generation will be 103 million strong and have about 90 million eligible voters. Those 90 million Millennial eligible voters will represent just under 40 percent of America’s eligible voters in that year.

Second, the culturally conservative white working class has been declining rapidly as a proportion of the electorate for years. Exit polls show that the proportion of white working-class voters—scoring just 46.3 out of a 100 on the Progressive Studies Program comprehensive 10-item progressive cultural index covering topics ranging from religion, abortion, and homosexuality to race, immigration, and the family—is down 15 points since 1988, while the proportion of far more culturally progressive white college graduate voters (53.3 on the index) is up 4 points, and the proportion of minority voters (54.7 on the index) is up 11 points. State after state since 1988 has replicated this general pattern—a sharp decline in the share of white working-class voters accompanied by increases in the shares of minority voters and, in most cases, of increasingly progressive white college graduate voters.

Other demographic trends that will undermine the culture warriors include the growth of culturally progressive groups such as single women, and college-educated women and professionals, as well as increasing religious diversity. Unaffiliated or secular voters are hugely progressive on cultural issues and it is they—not white evangelical Protestants—who are the fastest-growing “religious” group in the United States." END QUOTE

Southern Voice took an in-depth look at the Center for American Progress' piece with respect to the situation in Georgia, so I thought we ought to do the same for Tennessee. They make it easy with an interactive map of states and major metropolitan areas. The following are the shifts or percentages of change toward (a positive number) or away from (a negative number) progressive politics in Tennessee's metro areas from 1998 to 2008:

Memphis 19%

Clarksville 2%

Nashville 3% (includes Murfressboro and Franklin)

Chattanooga 5%

Knoxville 0%

Kingsport/Bristol -11%

For the same period, the state as a whole gained 1%, but the data for 2004-2008 show a -1%.

It is important to note that the numbers don't start and stop with political boundaries. In other words, if the study just looked at units like Shelby County or the City of Knoxville, the percentages might be very different. Furthermore, we don't know on which issues Tennessee metro areas have become progressive. Might they have stayed the same on guns, but shifted on abortion or same-sex marriage or even immigration?

Additionally we could ask what the trend really is in Tennessee. As noted, the 20-year period shows a 1% shift toward progressive politics, but the last four years shows a 1% decline, which is mirrored in the composition of our General Assembly. Assuming that most of the demographic factors that are in play in the United States as a whole are partially at work in Tennessee, what accounts for the slower growth in progressive politics in our state? I think one would would have to acknowledge the continuing power of Evangelical Protestanism in shaping the state's political culture. According to the Pew Forum's U.S. Religious Landscape Survey, 51% of the state's population is Evangelical Protestant.

My guess is that as long as that number is above 45%, the shift toward progressive politics in Tennessee will be a slow one. Growing diversity within Evangelicalism and a growing disaffection with culture war politics might also bring about a more progressive shift. For example, more scandals like the one centering on Sen. Paul Stanley might peel voters away from linking Evangelical faith and socially conservative politics, but we probably won't know for at least 10 years.

In the mean time, progressives would do well to take advantage of the shifts in metro areas by focusing on what can be accomplished at the city and county level such as the defeat of English Only, opting out of guns in parks, and more inclusive non-discrimination policies.

Lemmings and Lawsuits: Debunking the arguments against the Metro NDO

The Tennessean explores how far ahead much of the private sector is on non-discrimination policies compared to Metro Nashville government. Family Action's David Fowler is quoted opposing the ordinance. His first argument sounds like the parent who asks the teenager, "If everyone jumped off a cliff, would you?"

"Just because someone else does something doesn't mean it's right, and we learned that when we all took off from kindergarten," said David Fowler, a former state senator and president of the Family Action Council of Tennessee. "So unless we are going to act like lemmings and just blindly do what everybody else is doing, we need to stop and think before we make this a law."

The Metro non-discrimination is not a lemming move. It is a policy that many people have carefully thought through for years. It has been tested in other cities and the private sector. It is a measured step that will be a real improvement for Metro government employees.

Fowler's other argument is that it would expose the city to lawsuits. One of the TEP district captains asked the general counsel for the Tennessee Board of Regents how many lawsuits based sexual orientation or gender identity discrimination have come forward since they adopted their non-discrimination policy. The answer is zero. The lawsuit myth is used to scare people based on the idea that the city will incur some huge expense. It just doesn't happen. The point of the policy is to prevent discriminatory incidents!

Look for more lies, myths, and scare tactics to emerge before the second reading of the ordinance.

Tennessee Valley Unitarian Universalist: One Year Later

Monday is the one-year anniversary of a dark moment in our state's history--the horrible shooting at Tennessee Valley Unitarian Universalist. Reading last year's post, I can recall the feelings as I opened my inbox and saw the email from a friend in Knoxville bearing the news. The killings, the injuries, and the horror of the survivors made the world focus on a congregation in Knoxville, Tennessee. We got hints early in the aftermath that the attack was motivated in part by the fact that the congregation is accepting of GLBT people and its liberalism.

TEP members across the state were anguished about the attack and we continue to be in awe of the resiliance of the congregation.

The Sunday Knoxville News Sentinel takes a look at the TVUU a year later. We'll give John Bohstedt, who is interviewed in the piece, the last word on the anniversary of the tragedy:

Bohstedt, a retired University of Tennessee history professor, said his church appears to have emerged from the ordeal as a stronger community. But don't talk to Bohstedt about seeking or achieving closure. He doesn't believe in such a thing.

"That's a particularly toxic myth," he said. "You learn how to go on and how to appreciate what you've got ... but it's not at all about closure, because things are never the same."

Bohstedt doesn't have an answer about what should be done with Adkisson.

"I think that a person who could come to that place where he was, shows there is real evil in the world in the shape of human beings.

"I don't think he was mentally ill in any normal sense of the word. I'm not even sure he's redeemable. He had been working on this bad streak for 58 years. He had it pretty well developed."

Bohstedt, however, describes himself as an "incurable optimist" and prefers to focus on how the congregation and other churches came together after the shooting.

"I think we've discovered strength we didn't know we had," he said. "We have found out how much our bonds of supporting each other in love mean. You know how crucial that is, to keep our life going both individually and as a community."

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.

The 'Gay Panic Defense' is Alive and Kicking in Cook County, Illinois

Michael Rowe has an article on HuffPost about the acquittal of a man who stabbed another man 61 times. Apparently all you need to do to get an acquittal is claim the victim was gay and made unwanted sexual advances towards you for a jury in Cook County, Illinois to let you walk.

Now, the newly freed killer claimed the victim assaulted him while he was passed out drunk. There were no witnesses and no evidence the victim was gay. He claims all sixty-one stab wounds were made in self-defense. All sixty-one stab wounds. I can only assume he was too drunk to realize the victim was dead after the first couple of stabs, and just kept going.

This should scare everyone, LGBT and Straight. What kind of madness is it to let a murderer walk because they blame the victim? "He/She made me do it because they were touching/staring/flirting with/scaring me." Does this mean that if I am in Cook County I get to stab the creepy guy in the elevator and claim he made unwanted sexual advances to me? Or does that not work for me because I'm female? How does this work exactly? Latinos make you nervous? How about African-Americans? Caucasians? Asians? The disabled? Evangelicals scare me...those WWJD hats and t-shirts are intimidating! Where does it end?

Of course I am being somewhat facetious, but really, this is frightening. Sixty-one stab wounds is not self-defense...sixty-one stab wounds is, literally, overkill. And he is walking free because he claimed the victim made homosexual advances towards him that required stabbing the victim sixty-one times to fend off.

I don't know who scares me more...the killer or the jury.

Attention, old media: This is the kind of political coverage I want

OK, so I've been ranting on Twitter at the four large dailies in Tennessee--the Tennessean, the Chattanooga Times Free Press, the Knoxville News Sentinel, and the Memphis Commercial Appeal because I didn't find anything in their online editions about the absence of Tennessee Senators Lamar Alexander and Bob Corker during the hate crimes cloture vote last night.

So what kind of coverage do I want to see on policy issues affecting the GLBT community?

1. Stories on the major bills--federal, state, and local. Where's the coverage of ENDA or Matthew Shepard? Where was the coverage this spring on the state hate crimes bill?
2. The positions of our elected officials on these bills. There has been no story in the Tennessee press about the fact that Congressman Jim Cooper is a cosponsor of ENDA. And shouldn't it give a reporter pause if both our state's U.S. Senators are absent from a key vote on a bill? There were about 20 cosponsors of the state hate crimes bill, but no story.
3. Give a sense of the case for both/all sides. What are the key arguments being brought forward to advance and defeat legislation?
4. Give us a legislative path/calendar. Let us know when the votes are going to take place.
5. Stop saying GLBT issues are controversial when the controversy hasn't yet developed. The Tennessean did this with respect to the Metro ordinance when no real opposition had materialized.

Is that too much to ask? Help the public debate this stuff. Damn!

Senate passes hate crimes amendment to defense bill

Tonight the U.S. Senate passed Sen. Patrick Leahy's (D-Vermont) amendment to the defense bill. The amendment is popularly known as the Matthew Shepard Act which would add sexual orientation and gender identity to federal hate crimes protections as well as provide resources to local law enforcement agencies to deal with hate crimes.

The debate focused on two lines of opposition. Sen. Orrin Hatch (R-Utah) attempted to argue that there was no need for the bill since states are handling hate crimes adequately. He proposed an amendment that would make provision to study what the states are doing. Laws differ from state to state. Only about half include sexual orientation and very few include gender identity. Another problem with the Hatch proposal is that many states in the form of county sheriffs and local district attorneys are not availing themselves of state hate crimes laws. Can anyone name a recent example of a DA in Tennessee going for the penalty enhancement in a case in which sexual orientation was motivation for the crime? Finally, the federal bill provides resources to local law enforcement agencies to deal with this class of crime.

Sen. Sam Brownback (R-Kansas) was more successful in his line of objection. He expressed concern that Matthew Shepard would have a chilling effect on speech and the expression of religion. His amendment to the amendment clarifying the scope of these freedoms and their limitations with respect to hate crimes passed by a large margin. But by passing his amendment he gives conservatives fewer reasons to oppose Shepard.

There's still much work to do before the bill gets to the president's desk for signature, but it's on the right track.

Turnaround year for Transgender People in Tennessee

2008 was a horrible year for transgender people in Tennessee. The attacks and murders put Tennessee on the map in the national media. Some began calling Memphis the most dangerous place to be transgender in the country.

A series of events this year indicates that 2009 could be an important turning point in the rights and protections of transgender people in Tennessee. Just today Memphis-based FedEx announced that its non-discrimination policy will now include gender identity, and 10 Metro Council members in Nashville filed a non-discrimination ordinance that includes sexual orientation and gender identity. Last month, the Shelby County Commission passed a non-discrimination resolution that protects County employees on the basis of sexual orientation and gender identity or expression.

Earlier in the year, Rep. Jeanne Richardson (D-Memphis) and Sen. Beverly Marrero (D-Memphis) introduced a hate crimes bill that adds gender identity or expression to the current statute. The bill actually got out of a House subcommittee this year when much of the Legislature was focused on budget, guns, and abortion.

An incredible effort went into those advances. A lot of credit goes to people in Shelby County who are making an incredible effort to address the discrimination and violence experienced by the transgender community. Their work is helping the entire state have a new conversation about transgender rights. And a lot of credit goes to our allies the Tennessee Transgender Political Coalition for their tireless advocacy.

I am hopeful that we are now on a tragectory that will continue to gain momentum. The violence and discrimination suffered by transgender people is a blemish on our state. The policy efforts we've seen this year to address the problem honor us all.

Tennessee Equality Project Shelby County Committee Hosts Inaugural Picnic

The sun was out and the mercury was rising, but the scene at Peabody Park on June 28 could not have been more picturesque. It was a scene of a community coming together to talk, laugh, and play. The Tennessee Equality Project's (“TEP”) Shelby County Committee fired up the grills for over sixty adults and children who gathered at Peabody Park for what organizer Michelle Bliss called “an old fashioned picnic.” Bliss stated that the picnic really had a two-fold purpose, the first being the obvious fundraiser portion of the picnic. More important though, was the opportunity to give LGBT families and friends a family-friendly event for pride. “Sometimes we can get so wrapped up in activism and causes that we forget what's important is the human connection. Ultimately, we are all looking for people who love us for who we are, and accept our quirks,” Bliss said. The picnic was just that, community members young, old, straight and queer, connecting with each other and forgetting the worries of society. Jonathan Cole, Shelby County Committee Chair for TEP, said that the picnic was a total success and he is already looking forward to next year’s picnic. Proceeds from the picnic go directly to the lobbying efforts of TEP to bring equality to the LGBT community in Tennessee.

Commissioner Mulroy receives Movers and Shakers Award from MGLCC

Len Piechowski (right), President of the Memphis Gay and Lesbian Community Center, presented Shelby County Commissioner Steve Mulroy (District 5) with a 2009 Movers & Shakers Award at today's community center board meeting. Mulroy sponsored legislation last spring that established workplace protections for lesbian, gay, bisexual and transgender employees of Shelby County government.

Steve's pioneering efforts challenge the Nashville Metro Council and the Memphis City Council to pass similar legislation. TEP expects workplace protections for LGBT employees to grow in all areas of Tennessee.

Steve Mulroy is the only elected official to receive this award after successfully passing legislation designed to protect the rights of LGBT citizens in Shelby County.

Congratulations Steve! You earned it!

Closeting the gay factor in the GOP gubernatorial race

According to Hayes Hickman in the Knoxville News Sentinel, all the Republican candidates running for governor are vying for the conservative label.

But most of the quotes and analysis focus on the issues of guns and abortion. If that sounds familiar, it mirrors the focus of conservatives in the Legislature this year. There is also an interesting section on the controversial nature of accepting stimulus funds.

One might think that in such a long piece on what it means to be a conservative running for governor in Tennessee, some anti-equality rhetoric might make an appearance. The closest the article comes is this blurb about Lt. Gov. Ron Ramsey:

Ramsey, whose platform includes "traditional values" that recognize that "the family is the core unit of society," said he gives no less importance to Tennessee's economic challenges.

Family Action's David Fowler, who is quoted extensively, hints at but does not name GLBT issues, thus compounding their absence:

"So far, in the literature I've read from all the candidates, the issues of greatest concern to their conservative base have not been addressed."

If guns, abortion, and the stimulus are openly discussed, what else could Fowler mean but GLBT issues? But then again, what's a conservative in Tennessee to do--run against gay marriage? It's already banned by statute and constitutional amendment. Would running against adoption by gays and lesbians get a GOP candidate very far in a statewide race? How about running against the hate crimes bill? Not likely.

These candidates certainly aren't at the point of turning pro-gay, but they may have realized that running against the GLBT community is a non-starter...if it even crossed their minds to begin with. Let's hope that's the case.

Family Action Council of TN raises funds to promote LGBT equality

By TEP’s count, 37 followers of David Fowler’s Family Action Council of Tennessee met earlier today at a local Memphis restaurant to plot against equal opportunity and fairness in Memphis and the State of Tennessee. Specifically, they gathered behind locked doors to review their legislative “accomplishments” in the Tennessee General Assembly and spread lies about the grass roots movement in Memphis for a Non-Discrimination Ordinance. The Memphis NDO will establish workplace protections for LGBT employees of the city and city contractors.

Little did they know that they were also doing their part to promote equal rights for the LGBT citizens of Tennessee. When Tennessee Equality Project learned that David Fowler and FACT were coming to Memphis, TEP’s Shelby County Committee issued a call for pledges of support. Supporters pledged to give a $1 or other amount to TEP for every person who attended the meeting. The Shelby County Committee of TEP wishes to thank everyone who made a pledge of support to TEP for this event. But we’d like to give special thanks to David Fowler for doing his part to promote LGBT equality in Tennessee.

If you missed your chance to pledge to TEP, it’s not too late. You can donate online at http://tnep.org/.

Metro non-discrimination ordinance puts some minds in the toilet

The Tennessean's Brad Schrade explores the prospective Metro Nashville non-discrimination ordinance in today's Tennessean, talk of which brings out the crazy fantasies on the far Right.

First, David Fowler of Family Action of Tennessee says that there is no objective way to know sexual orientation and gender identity. The issue, however, is whether there are grounds for establishing that discrimination took place because of those factors.

Fowler really had to reach in order to find a fantasy scenario with which to scare his Williamson County neighbors (yes, that's right, he lives in Williamson County, not Davidson):

Asked about the unintended consequences, he said passage of a bill would lead to lawsuits and confusion and awkward situations, citing a recent publicized case in Maine in which a transgender student who was biologically a boy was allowed to use the girls restroom.

Come on, Mr. Fowler. An alleged case in Maine about bathrooms is supposed to be enough to deny Metro employees basic job protections. This is a typical tactic on the Right and one that experience shows people don't buy. In fact, lots of employers already have inclusive non-discrimination policies in Nashville. Many employers already include sexual orientation and gender identity/expression in their non-discrimination policies. Here is a partial list.

Let's get our heads out of the toilet and do what's right for Metro government employees. IT'S TIME!

Remembering PFC Barry Winchell

Ten years ago today, PFC Barry Winchell died as the result of an attack by a fellow solider after enduring harassment for his relationship with Calperinia Addams, then a transgender performer at a Nashville club and now a spokesperson for PFLAG. Horrible in itself as a human loss, Winchell's murder also reminds us of the need to end the unworkable Don't Ask/Don't Tell policy and to pass the Matthew Shepard Act to fight hate crimes against the gay, lesbian, bisexual, and transgender community.

Politicos on Parade at the Music City Hot Chicken Festival

I went for a couple of hours to the Music City Hot Chicken Festival and it was quite a sight. Despite the fact that there were several vendors, hundreds of people stood in line just to get a bite. People came from all over. I talked to people from Canada and, of course, all the counties surrounding Davidson. Folks from Virginia and North Carolina, too.

Elected officials and candidates were well represented. Former Mayor Bill Purcell and Vice Mayor Diane Neighbors, who are two of the honorary chairs of the event, were making the rounds. Mayor Karl Dean and Council Members Carter Todd and Emily Evans seemed to be having a good time.

School Board member and Juvenile Court Clerk candidate Karen Johnson and TN House District 58 candidate Steven Turner were working the crowd, too.

And what's a great Nashville event without lots of progressive bloggers? I ran into Mike Byrd, Ilissa Gold, and Liberadio's Mary Mancini (who, of course, is also a broadcaster and podcaster extraordinaire!). Milder temperatures seemed to make the hot chicken a little more bearable for the festival goers, but it didn't take long to work up a sweat out there today.

Metro Human Relations Commission: User's Guide

If you live in Nashville and are discriminated against in employment, housing, financial services and transactions, and public accommodations on the basis of sexual orientation, you can file a complaint with the Metro Human Relations Commission. Sexual orientation, though not gender identity, is explicitly mentioned on their page. The Human Relations Commission can investigate the complaint, but cannot compel a settlement in the case of sexual orientation discrimination.

You should file your complaint within 180 days of the discriminatory action. The website provides all the information you need:

How to File a Complaint

To file a complaint of discrimination with the Metro Human Relations Commission please call our office at 615-880-3370 OR visit the Metro Human Relations Commission office.

The Human Relations Commission staff will assist you in writing a brief outline of facts, and word a charge of violation of local civil rights law or policy, on a form, which requires your notarized signature. You know your complaint better than anyone else. Give the Commission staff person all the details and answer all questions as fully as you can. Names, dates, places, addresses and details of what happened should be as accurate as possible. Documents such as payroll slips or rent receipts can help to support charges. If you have witnesses, it’s important to give full names, and how the Commission staff can contact them.

The executive director is very clear on the Human Relations Commission's authority to take and investigate complaints based on sexual orientation. He has said so in public and in conversation with me.

If you call and try to file a complaint based on sexual orientation and a Commission employee for some reason seems unsure, you may have to refer the employee to the website linked above and to the legal opinion given by then Law Director and now Mayor Karl Dean that establishes that the Human Relations Commission can accept such complaints. But since the information is correctly listed on the website, you shouldn't have any difficulty.

I would remind anyone filing such a complaint that you will not get a settlement. There are no federal, state, or local protections for you if you face discrimination on the basis of sexual orientation and gender identity, unless you are covered by the School Board's contract with Metro teachers. What filing a complaint accomplishes is making those who engage in discrimination publicly accountable. In other words, they have to explain themselves to a government body and no employer likes to do that. Complaints--if they go to a hearing--can additionally invite media and public scrutiny.

But until we pass federal, state, or local protections, that's all the recourse our community in Nashville has.

Robin Smith's mixed feelings on Tennessee's marriage ban

From her congressional campaign site:

"In 2006, more than 80% of Tennesseans declared their support at the polls for the belief that marriage is between one man and one woman. I stand with that 80%. No one should ever be discriminated against or feel threatened for the life they lead, but Tennesseans have spoken on this issue."

That's right. She stands with the ban 80%. 20% of her is fighting back against it. After all, "No one should ever be discriminated against."

OK, OK, we're kidding. We know that what Smith means is that she is standing with the 80% of people who voted for the marriage ban. Now that's courage! Standing with the majority. After all, she wouldn't want to be thought of as "pro-gay."