Grand Divisions

Tennessee Equality Project seeks to advance and protect the civil rights of our State’s gay, lesbian, bisexual and transgender persons and their families in each Grand Division.

Tuesday, March 29, 2011

Need a second of your time

In today's House Subcommittee on Health and Human Services, Rep. Jeanne Richardson of Memphis had scheduled HB0187, a bill that would repeal Tennessee's current Draconian law prohibiting the amendment of gender on birth certificates. Modern medical science reveals that doctors make mistakes when assigning gender to newborns that can have chaotic and challenging consequences later in life.

Because of current Tennessee  law, transgender citizens cannot accurately reflect their gender on basic identifying documents like driver's licenses, passports and other official documents like a job application that refer back to an individual's birth certificate. This presents problems when performing tasks that require legally recognized identification such as voting, boarding an airplane, passing through security when entering government buildings to speak with your elected officials, or simply ordering a beer at a restaurant.

The State of Tennessee currently requires its transgender citizens who have the misfortune to be born here to lie about their identity on official documents. State-sanctioned falsification of identity creates a number of social, economic and legal problems for transgender citizens to the point of undermining basic human dignity. While this issue may affect a small number of vulnerable citizens in Tennessee, such brazen targeting of a minority in current law leaves our state vulnerable too. The real harm that current law brings to transgender citizens boosts the argument that state law creates a suspect class of citizens protected by the equal protection clause of the 14th Amendment to the U.S. Constitution. Tennessee is a sitting duck for a class action lawsuit against the state for targeting a distinct group of citizens for discrimination.

Many thanks to Rep. Jeanne Richardson (D) for sponsoring this bill to repeal current law, Rep. Mike Turner (D) for agreeing to move the the bill for discussion, and to Subcommittee Chair Matthew Hill (R) for allowing a fair hearing of the bill. Unfortunately, the list of those to thank is embarrassingly short. Richardson was forced to take the bill off notice in subcommittee today becuase no one else on the subcommittee, Republican or Democrat, would commit to offer a second on Rep. Turner’s motion. Some of the members of this committee have enjoyed the support of LGBT constituents - which is why this outcome is such a disappointment.

Let’s face it. The birth certificate bill has an uphill climb in this conservative legislature. The best we could hope for was real discussion about it in the legislature to promote awareness of current injustice, but our friends in the House would not even step up to allow that.

Progressive voices are a small group in this General Assembly - the smallest it’s ever been. The reality is that progressives on the Hill have little ground left to lose. And they can't really afford to alienate friends and allies. Which begs the question: when progressives in the legislature need our help, will we have a second?

Saturday, March 26, 2011

Sweetwater, TN Housing Authority official compares LGBT families to criminals

New evidence of troubling homophobia, transphobia, and racism surfaced in East Tennessee over the weekend.

The Department of Housing and Urban Development published new rules for equal access to housing in HUD Programs for lesbian, gay, bisexual and transgender people and their families last January.  The new rules included a request for comment and assistance from the public to “help the Department in its effort to craft regulations that will effectively ensure access to HUD programs by all eligible persons regardless of sexual orientation or gender identity.”

Within days, the Executive Director of the Sweetwater Housing Authority in Monroe County, Tennessee, Vicki Barnes, mailed a letter to the Department. Barnes objected to the new regulation’s definition of “family” writing that it would lead to program abuse. Barnes claimed:
This is not a matter of discrimination. In choosing to name a group of people such as the Lesbian, gay, bisexual and transgender (LGBT), you are choosing to group together a group of people who are not of the same race but have made a personal and moral life style choice. Other groups who make a personal lifestyle choice are drug users and sellers, gang members, prostitutes, cults, and murderers.
Rather than follow the Department’s request to help ensure that LGBT people face no discrimination in HUD programs, Barnes used the opportunity to compare LGBT people and their families to criminals. Additionally, she also implied that people of different races should not be considered a family.

Barnes’ response to the Department ‘s new rules raises questions about her ability as Executive Director of the Sweetwater Housing Authority to fairly apply the new and preexisting rules. Housing discrimination based on race was outlawed long ago.  Is Barnes ignoring or encouraging discrimination in housing programs for couples and families of mixed races? What about veritable lifestyle choices like religion? Can the people of Sweetwater be guaranteed equal access to HUD programs regardless of their faith tradition?

Barnes also took it upon herself to speak for landlords participating in Sweetwater’s Section 8 Rental Assistance Programs writing that they “will choose not be bullied into housing people who have chosen a lifestyle, which goes against their moral conviction, or groups of people who will damage their property.” Does Barnes realize that she’s insulted Sweetwater’s  Section 8 landlords? She essentially put in writing that 
Sweetwater’s landlords are bigots who share her prejudiced view of law abiding families who simply want to ensure they have a roof over their heads.

How systemic is homophobia in Monroe County?

Sweetwater is less than 50 miles from Vonore in Monroe County where a lesbian couple and their family suffered a horrible hate crime more than six months ago. Carol Ann and Laura Stutte believe that their home was burned to the ground by a next-door neighbor who had threatened their lives and property. The word “QUEERS” was spray painted on the wall of a structure near the ashes of their home. The Stutte’s continue to suffer the consequences of this crime. They must pay the mortgage on their burned home and premiums to the American National Property and Casualty Insurance company that has yet to honor their commitment to investigate and process the family’s claim. The FBI has still not completed their investigation of the hate crime.

The hate crime committed against the Stuttes and Barnes’ January letter point to a systemic problem of homophobia and transphobia in Monroe County. As law enforcement authorities in Monroe County, the FBI and the Stutte’s insurance company drag their feet, they are sending the message that Monroe County condones lawlessness and bigotry.

US Census Data show that at least 54 same-sex couples reside in Monroe County (0.35%). Vicki Barnes’s letter puts these families on notice that they should not expect fair and equal treatment from Sweetwater Housing Authority programs. The new HUD rules are sorely needed in Sweetwater and Monroe County. Can Vicki Barnes be trusted to abide by them?

If law abiding citizens like the Stuttes and consumers of Sweetwater HUD programs cannot expect fair and equal treatment from the public officials, landlords and businesses who serve them, these officials should be fully investigated and disciplined. 

- Jonathan Cole

Wednesday, March 23, 2011

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

Monday, March 14, 2011

Become a grassroots leader for equality in Tennessee

Open your home and invite your
friends to a House Party for TEP
Tennessee Equality Project is partnering with people like you across the state to host house parties to raise money, volunteers and awareness about the struggle for equality. We need to spread the word that lesbian, gay, bisexual and transgender people deserve the same chance to earn a living, be safe in their communities, serve their community, and take care of the ones they love.

Become a grass roots leader among equality advocates in your community by hosting a House Party for TEP. Each one of us has friends and/or family who will support us in this effort. Let's draw upon them to form Host Committees and transform Tennessee from one end of the state to the other.

Plan your event before the legislature ends its session in late spring and choose one or more of the bills that TEP is currently tracking in the state legislature as a focus. Tennessee Equality Project is supporting positive legislation in the 107th Tennessee General Assembly that would:

  • Strengthen anti-bullying initiatives in Tennessee’s K-12 schools
  • Repeal a current state law which prohibits amendment of gender on birth certificates
  • Add gender identity or expression to current State hate crime law
  • Add sexual orientation and gender identity and expression to current human rights law
TEP is also opposing negative bills in this legislative session that would:

  • Ban local governments from enacting non-discrimination provisions for their communities
  • Prohibit age-appropriate discussion and materials about homosexuality in public schools
  • Provide special protections for school bullying based on religious or political bias.

Be creative. Whether your event is large or small, we can all do our part to support the advancement and protection of equality of LGBT people and their families in Tennessee. 

To learn more about hosting a House Party in your community, review Tennessee Equality Project's House Party Kit or contact Jonathan Cole at Jonathan@tnequalityproject.com or 901-301-3306 for more information.

Sunday, February 27, 2011

Memphis to celebrate Women's History Month by remembering Freda Ward & Alice Mitchell

Why would we want to remember two teens at the center of a lesbian murder/love tryst during Women’s History Month? 

At 12:30 PM on Saturday, March 5,  Meristem Book Club will sponsor a commemoration of Memphians Freda Ward and Alice Michell at Elmwood Cemetery, where both are buried.  March 5 will be the 137th anniversary of Freda’s birth.  


Freda Ward and Alice Mitchell were at the center of one of the most infamous trials of the nineteenth century.  Their tragic story has relevance for us today in light of bullying of LGBT teens and the continuing controversy over gay marriage


Freda and Alice were high school sweethearts who  planned to run away to St. Louis and be married.  Their plans were discovered by family who separated them until, in January of 1892, Alice killed Freda at the riverfront.   The resulting insanity trial made newspaper headlines across the country, and was written up in numerous psychological journals.  Plays and a song were written about the duo - but few Memphians have heard of them today.    

Alice was found guilty of insanity, in part because she believed that she and another young woman could marry and live independent lives as man and wife.  She was committed to the Western State Hospital for the Insane at Bolivar, where she died several years later.  


Meet at the Cottage in Elmwood
Cemetery in Memphis
The public is invited to join members of the Meristem Book Club to commemorate the tragedy of Freda and Alice and reflect on how their lives inform our own choices today.  The commemorative group will meet at the Cottage at Elmwood Cemetery  at 12:30 pm and proceed to Freda Ward’s burial site for a brief program.  Elmwood  is located at 824 South Dudley.


For questions about the Meristem Book Club commemorative event, contact Audrey May at 662-202-7757.  Meristem Book Club is a women’s book club which meets regularly at the Memphis Gay and Lesbian Community Center to discuss books by women and LGBT writers.  Recently, the group has added events of relevance to women’s history and culture..  For more information about the Meristem Book Club see http://www.mglcc.org/meristem.


For information about or directions to Elmwood Cemetery, see http://www.elmwoodcemetery.org/ .

For more information contact:

Audrey May
Meristem Book Club
662-202-7757 cell phone
maya3621@gmail.com

TAKE ACTION against bad legislation to be heard in the Tennessee Legislature this Week!

Use your voice to fight against legislation which negatively impacts lesbian, gay, bisexual and transgender people and their families in Tennessee. Participate in each of these petitions to send a message to members of legislative committees hearing legislation this week to protect the equality of LGBT people.

On March 1, the Senate State & Local Government Committee will hear legislation (SB 0630) that will take away the right of local communities to improve the lives of their citizens and give contractors special rights to discriminate against their workers.  On March 2, the House General Subcommittee of Commerce will hear the house version of this legislation (HB0598). As introduced, the “Special Access to Discriminate Act” will prohibit local governments from enacting non-discrimination provisions for lesbian, gay, bisexual and transgender employees of government contractors. SB 0630 will also prohibit local governments from enacting fair wage laws for employees of government contractors. 
Learn more and click through the next two petitions to send messages to committees of both chambers of the Tennessee General Assembly:


Petitions by Change.org|Start a Petition »

Petitions by Change.org|Start a Petition »


On Wednesday, March 2, the House General Sub-committee of State and Local Government will hear legislation that will suppress voting in Tennessee. HB0007 & HB0402 will require Tennessee citizens to present photo identification before voting in elections. Each proposed law will create extra hassles for many citizens without a photo ID when voting, including people who are poor, elderly, transgender or those who have religious objections to being photographed. HB0007 & HB0402 may force some citizens to complete extra paperwork not currently required and raises the risk of harassment and disenfranchisement of such voters.

Click through this petition to send a message to members of the House General Sub-Committee of State & Local Government to vote against HB0007 and HB0402:

Petitions by Change.org|Start a Petition »


Advancing Equality Day on the Hill on is just two days away. If you'll be with us on March 1, be sure to attend the Senate State and Local Government Committee hearing on SB0630 at 10:30 AM in Room 12 LP of Legislative Plaza.

If you cannot be with us on the Hill to advocate for the advancement and protections of equality, encourage your friends and family in Tennessee to participate in the above message campaigns. We must all do our part to ensure equality is protected.


You can help TEP advance and protect equality in this 107th Tennessee General Assembly by making a contribution today. Click here to make a financial commitment to the cause. 


- 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.)