Tennessee Equality Project and MGLCC meet with Memphis Police Department

Memphis, TN. June 29, 2011. Representatives of Tennessee Equality Project and the Memphis Gay and Lesbian Community Center and other members of the LGBT community met privately with Memphis Police Department Director Toney Armstrong and his command staff yesterday. TEP requested the meeting with the Memphis Police Department to discuss LGBT diversity training and other policy matters following news of a police stop of transgender woman Kiare Newsom in May.

Kiare Newsom alleges that officers harassed her during a traffic stop, called her homophobic and transphobic slurs, and told her to lift her shirt along a busy highway. Newsom filed a complaint against the officers involved in the incident with internal affairs. The outcome of that investigation is still pending.

The Tennessee Equality Project Foundation provided LGBT diversity training to the Memphis Police Department Training Academy staff and other officers in 2008 following the beating of transgender woman Duanna Johnson by Bridges McRae, a former Memphis Police Officer. The MPD terminated McRae following the incident, and he is currently serving a jail sentence for violating Duanna Johnson's civil rights. The purpose of Tuesday's meeting included a review of current MPD diversity training curriculum and exploring ways in which the MPD and the LGBT community can work together to ensure that all citizens in the community are protected and treated fairly - with a particular emphasis on transgender individuals.

Director Armstrong expressed a commitment to fairness and treating people equally and is willing to address  concerns about interactions between LGBT members of the community and the MPD. Mayor A C Wharton also visited with the assembled group and offered constructive ideas for addressing presented concerns. The spirit of cooperation among community leaders, Memphis Police Command staff and Mayor Wharton during the meeting encouraged Tuesday's participants to move forward in partnership. We promised to meet again, continue our discussion, and explore more opportunities for community engagement.

- Jonathan Cole

Marriage equality and Tennessee: A fiscal note

Occasionally when you read the news, you get a real window into what some of the everyday opponents of equality are thinking. Reading this Volunteer TV report was one of those moments:

"I don't think it's an institution I want to support," said one man who wished to remain anonymous. He said he hopes gay marriage isn't in Tennessee's future. "I don't want to sit there and pay for a lifestyle," he said.

We'll leave aside the vexing question of where it is this man thinks he's supposed to sit while he's paying for someone else's marriage--some sort of gay waiting room?--but it occurs to me that some people probably think that, since marriage equality would require government action, it must necessarily cost money.

But anyone who gets over the fog of the idea of a same-sex marriage will remember that marriage is a source of revenue for the state. A marriage license is between $60 and $100, at least in Nashville, depending on whether you complete a premarital preparation course. Yes, marriage equality would be a direct source of revenue to the State of Tennessee. And studies indicate that it provides indirect economic benefits as well.

Oh, yeah, it's also the right thing to do.

-Chris Sanders

Requests for Proposals for Lobbying 101 Train the Trainer Workshops

The Tennessee Equality Project Foundation requests proposals for lobbying education services that empower the lesbian, gay, bisexual and transgender people of Tennessee and their allies to become effective trainers for advocates and citizen lobbyists on behalf of pro-LGBT policy issues.

Lobbying education content must include: definitions for lobbying and advocacy; limits of citizen lobbying, orientation to the Tennessee General Assembly; past LGBT issues considered by the Tennessee General Assembly; researching and tracking bills; sources of information about the Tennessee General Assembly; how to effectively meet with elected officials; how to appropriately contact elected officials; and how to build relationships with public and elected officials.

Educational experiences that include return demonstration or mock experiences in lobbying officials is preferred. Skills taught must be transferable to local government lobbying and advocacy on LGBT legislation. Travel to locations within Tennessee shall be required with reimbursement for approved travel and/or lodging expenses according to standard CONUS rates. Preference shall given to proposals from contractors with LGBT policy and lobbying experience within Tennessee. Proposals must include prior experience.

Train the Trainer Workshops shall be provided in each Grand Division of Tennessee (West, Middle and East).  TEP Foundation expects to host 3 workshops across the state prior to December 1, 2011.  Contract rates must be based on a established budget.  Please include a copy of your resume, your proposed workshop agenda and course materials, and other pertinent information you feel may help in the selection process.

To request full RFP guidelines, contact Jonathan Cole by email at Jonathan@tnequalityproject.com. Proposals must be submitted by email by 5pm CST, July 15, 2011.

Major questions with the Vanderbilt Poll on HB600

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

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

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

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

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

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

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

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

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

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

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

-Chris Sanders

Nashville Pride Political Report

Despite the rain and wind, 2011 will go down as another great year for Nashville Pride. Congratulations to the organizers for putting together a great festival.

It was a good day for politics, too. We used the TEP booth to get word out about our TEP PAC endorsed candidates for Metro races. Among our endorsed candidates who attended were Council Members At-Large Ronnie Steine and Megan Barry, Mayor Karl Dean and District 19 Council Member Erica Gilmore who both spoke from the main stage, and District 6 candidate Peter Westerholm and District 18 candidate David Glasgow. There may have been others and I'm sorry if I missed anyone. By the way, it was also great to see the Davidson County Democratic Women and the Davidson County Young Democrats out at Pride.

There was concern about HB600 and Don't Say Gay among some of those attending, but we did our best to make the case that we can continue to fight back in the face of a Legislature bent of putting discrimination into law. There's never been a more important time to do so.

-Chris Sanders

TEP joins lawsuit seeking to overturn the SAD Act (HB600/SB632)

Nashville, TN, June 13, 2011. Tennessee Equality Project (TEP) is proud to join other plaintiffs in a court challenge of HB600/SB632 - also known as the “Special Access to Discriminate” Act. Nashville Attorney Abby Rubenfeld, the National Center for Lesbian Rights and the law firm of Morrison and Foerster, LLP, will represent TEP.

When Governor Bill Haslam signed the SAD Act into law on May 23, he repealed Metro Nashville's Contract Accountability Non-Discrimination Ordinance which protected contract employees from discrimination based on sexual orientation and gender identity. The new law prohibits every local government in Tennessee (cities, counties and school boards) from enacting laws that protect contract employees and other employees of private companies from discrimination based on sexual orientation and gender identity.

The SAD Act directly targets lesbian, gay, bisexual and transgender employees for discrimination in the State of Tennessee. But the new law also removes other local protections that are not included in State law. The collateral damage of the SAD Act is only now becoming evident:  

• Children in Metropolitan Nashville Public Schools are no longer protected from discrimination in education based on sexual orientation or gender identity.
• Children who attend Memphis City Schools are no longer protected from discrimination in education based on sexual orientation.
• Individuals living in the City of Memphis who depend on Section 8 vouchers or SSI disability income are no longer protected from housing discrimination based on source of income. Memphians are also no longer protected from housing discrimination based on age.
• Other protections from discrimination enacted by the local governments of cities, counties and school boards of Tennessee that are not already covered by state law may have also been overturned.

The SAD Act was initiated by a radical faith-based organization whose anti-LGBT bias is out of step with the views of 89% of Americans. Their hate-based legislation hurts LGBT people, poor people, the disabled, the elderly and other groups who may need local government intervention to prohibit unfair and unequal treatment in employment, housing and education.

People want to live and work in communities that value diversity, equality and inclusion.  The SAD act leaves a stain of bigotry and intolerance on our state that must be removed if Tennessee hopes to retain and attract the best workers, professionals, entrepreneurs and businesses to our state. TEP is committed to reclaiming Tennessee as a place where all people have a right to earn a living, provide for their families, and contribute to their communities without fear of unfair discrimination.

Tennessee Equality Project fought hard to defeat the SAD Act in the legislature before it became law in Tennessee, and we will do our part to ensure a successful challenge of the law in court.

For more information, contact TEP Board Chair Jonathan Cole at jonathan@tnequalityproject.com or 901.301.3306.

Great turnout for Walk with Mayor Dean and TEP today

The Walk 100 Miles with the Mayor initiative is going strong and today's hike along the Mossy Ridge Trail was no exception. About 40 friends of TEP as well as 30 other dedicated walking enthusiasts turned out for a 4-mile walk with Mayor Karl Dean through some of the most beautiful parts of the city. We were pleased to be joined by Metro Councilmen Carter Todd and Jason Holleman. District 22 Council candidate Seanna Brandmeier also braved the heat and it was great to see her.

One of the best parts of the event was the opportunity to meet the students who have been protesting HB600, the Special Access to Discriminate law that nullified Metro's Contract Accountability Non-Discrimination Ordinance. It was fascinating to get their perspective on what needs to be done to move Tennessee forward.

The event was a perfect blend of fitness, nature, and the value of equality--just what you'd want in "a city on the rise."

-Chris Sanders

Justice for All Rally in Memphis

Local Progressive Groups Join Together to Speak Out for Equal Rights

Sunday, June 12 at 3 PM

Memphis, TN, June 10, 2011: During the 2011 legislative session, the Tennessee General Assembly passed a number of laws that infringe on the rights of women; lesbian, Gay, bisexual and transgender citizens; immigrants; students; the poor; religious and racial minorities; and organized labor.

Socially conservative lawmakers think they can chip away at individual liberties by targeting groups that represent minority interests in Tennessee. Individually, our various groups are small. But united, we represent the silent majority of Memphis.

This Sunday we will come together to send Nashville the message that we are united in our opposition to legislation that attacks the liberty and well-being of any minority. “An attack on one of us is an attack on all of us!” said Will Batts, Director of Memphis Gay and Lesbian Community Center.

A coalition of progressive groups including Tennessee Equality Project, Planned Parenthood Greater Memphis Region, Memphis Gay and Lesbian Community Center, and Mid-South Peace and Justice Center and many others will hold a rally this Sunday, June 12th at 3pm on the steps of First Congregational Church (First Congo), 1000 South Cooper Street.

WHAT: Justice for All Rally

DATE: Sunday, June 12, 2011

TIME: 3:00 p.m. – 4:00 p.m.

PLACE: First Congregational Church, 1000 So. Cooper Street

PROGRAM: The rally is being put together by a coalition of progressive political activists and minority rights groups.

Line up of Speakers includes:

• Rev. Cheryl Cornish, First Congregational Church 
• Michelle Bliss, Tennessee Equality Project 
• Will Batts, Memphis Gay and Lesbian Community Center 
• Katie Smith, Planned Parenthood Greater Memphis Region
• Brad Watkins, Mid-South Peace & Justice Center
• Marion Bacon – Memphis Center for Independent Living Shelly Seeburg AFSCME
• Tennessee Immigrant & Refugee Rights Coalition- Gaby Benitiz

PURPOSE: The purpose of the rally is to build a permanent coalition of progressive organizations that united will oppose legislation that infringes on individual liberties and harms the interests of the poor, the working class and minority groups of all stripes.


For more information, visit the Facebook event.

- Jonathan Cole

Can the Herald-Citizen handle the truth?

Last night we brought you the story of Shayne Bilbrey's attempt to get his letter to the editor about GLBT youth published in The Herald-Citizen. Since that time Evan Hurst of Truth Wins Out has picked up the post and today R.G. Cravens, chair of the TEP Upper Cumberland Committee, is pressing for answers in his own letter to the editor:

To whom it may concern,

I'm writing today about an issue that has recently been brought to the attention of our organization.

We were recently contacted by Shayne Bilbrey who authored a letter to your paper with a message of encouragement to LGBT students and youth in our area. The letter is a message of hope and acceptance which is desperately needed, especially in areas like ours. Shayne reported that he was told by a member of your staff that his letter would not be published because it did not meet the "family values" standards of your publication.

Let me share with you some staggering facts about young people in the LGBT community from the Trevor Project:

• Lesbian, gay, and bisexual youth are up to four times more likely to attempt suicide than their heterosexual peers (Massachusetts Youth Risk Survey 2007).
• More than 1/3 of LGB youth report having made a suicide attempt (D’Augelli AR - Clinical Child Psychiatry and Psychology 2002)
• Nearly half of young transgender people have seriously thought about taking their lives and one quarter report having made a suicide attempt (Grossman AH, D’Augelli AR - Suicide and Life Threatening Behavior 2007)
• Questioning youth who are less certain of their sexual orientation report even higher levels of substance abuse and depressed thoughts than their heterosexual or openly LGBT-identified peers (Poteat VP, Aragon SR, et al – Journal of Consulting and Clinical Psychology 2009)
• LGB youth who come from highly rejecting families are more than 8 times as likely to have attempted suicide than LGB peers who reported no or low levels of family rejection (Ryan C, Huebner D, et al - Peds 2009;123(1):346-352)
• More information is available here: http://www.thetrevorproject.org/suicide-resources/suicidal-signs

So you see, regardless of your values, I think we can agree that the life of a young person is more valuable than anything.

The Herald-Citizen has recently appeared in a number of blog posts regarding this issue:

http://www.truthwinsout.org/blog/2011/06/16965/

http://grand-divisions.blogspot.com/2011/06/dont-say-gay-also-policy-of-some-tn.html

I would hope that the Herald-Citizen does not have a policy of rejecting letters relating to GLBT issues simply because they disagree with the content. It is my hope that your paper can show our community locally and nationally that you are accepting of differing opinions and appreciate the diversity of the Upper Cumberland region.

Please consider publishing Shanye's letter or contact me so we can discuss your actual policy as we intend to write letters to your paper in the future.

Thank you for your time,

R.G. Cravens
Chair, Tennessee Equality Project Upper Cumberland Committee

-Posted by Chris Sanders

Don't Say Gay also the policy of some TN newspapers?

Have you ever wondered why you don't see stories and opinion about the struggle for equality of Tennessee's gay, lesbian, bisexual, and transgender community in some Tennessee newspapers?

Question 1: Is it because we only inhabit urban enclaves? Nope. We're all over the state, according to the Williams Institute's analysis of census data.

Question 2: Has it been a slow news year for discriminatory legislation? Um, no. The Don't Say Gay bill and the Special Access to Discrimination law (SB632/HB600) were frequently covered in the newspapers of the state's four largest cities.

Question 3: Is it because we weren't pitching stories (not that we should have to)? Strike 3. The Lebanon Democrat would not cover the Special Access to Discriminate law, even though it was sponsored by Sen. Mae Beavers from Wilson County and they were definitely given the opportunity.

Question 4: Is it because we weren't writing letters? We were and I have to point out a notable exception to the pattern. The Crossville Chronicle did publish a letter by R. G. Cravens, our TEP Upper Cumberland Committee Chair, on the Special Access to Discriminate law. But we've run into an instance of erasure by another Upper Cumberland paper, The Herald-Citizen out of Cookeville. Shayne Bilbrey tells us that he wrote a letter to the paper about the difficulties that gay, lesbian, bisexual, and transgender youth face, but when he talked to a representative of the paper on the phone, he was told "that they were a family values newspaper, and they weren't comfortable with publishing it."

Take action: We suspect this sort of thing happens quite a bit. So we're going to publish Shayne's letter below. But if you'd like to send a letter to the Herald-Citizen, you can do so at editor@herald-citizen.com . Or you can post a comment on the wall of their Facebook page asking them whether they are trying to disappear their gay, lesbian, bisexual, and transgender readers. Do it for Shayne and the other readers who are looking for coverage of the whole spectrum of people living in the Upper Cumberland.

Shayne's Letter: And now here it is:

It’s okay to be Gay

High school graduation is just around the corner, and well over a thousand Putnam County students will be graduating this year. Most of them had the normal teenage years, goingto prom with the person they love, getting that first kiss, or getting their driver’s license at sixteen. Yet for some kids that dream was a long shot, because some of this year’s graduates are Gay, Lesbian, or Bisexual. Most of these students couldn’t have that dream life, because they were usually the primary targets for bullying. The bullying would vary from daily taunting such as being called a “fag” or a “queer.” The students usually behind the bullying would often cite the bible, or what their preacher told them. This is very troubling for that, in a society that values individualism, we can’t honor these kids fundamental right to let them be whoever they want to be and to be with. I know that when I came out, during my senior year in high school, I was faced with some backlash, but even before that I was called many names, and felt at times that I was worthless, which is similar to how some of these students feel. It hurts to be bullied at school, but to be bullied in your own home is incomprehensible. Thankfully, I have a family who loves me for who I am, and for which I am blessed for. Yet, it saddens me when I hear of some of my friends, which have come out to their parents, have had to face ridicule from their own parents. Some parents go as far as to disowning their own child, calling them a failure, and sending them to a gay to straight camp. I don’t understand why a parent would do such a thing, but sadly it happens a lot. Well I‘m here to say that, things will and do get better, granted they’re still some that disagree, but it does get better. We should all be able to value ourselves, love others, and be able to accept all for whom they are. We are all God’s children, and he loves us all in the same way. So if you are Gay, Lesbian, Transsexual, and bisexual, it’s okay to be you, and be proud of who you are, and will become. Love, cherish, and embrace thy own self.

-Chris Sanders

Can you help overturn the Special Access to Discriminate Act?

The Tennessee General Assembly, Governor Bill Haslam and member companies of the Tennessee Chamber of Commerce and Industry have taken a lot heat in local and national media in the weeks following passage of the hateful “Special Access to Discriminate” Act.

Can you help repair
the damage caused by
the SAD Act?

Proponents of the SAD Act boast that HB600/SB632 is a “first-in-the-nation” law - not realizing their responsibility in making Tennessee the last place that educated professionals, skilled workers, and entrepreneurs want to live and work. With national attention focused on the intolerance and bigotry codified in the law, it’s hard to see anything worth bragging about.

Tennessee Equality Project fought hard to defeat the Special Access to Discriminate Act (HB600/SB632) in the legislature before it became law in Tennessee, and we will do our part to ensure a successful challenge of the law in the courts.

While TEP will continue to be at front line of the fight for equality in the workplace, you might be just the right person to help overturn the SAD Act and keep similar laws from spreading to other states.

A number of people in Tennessee may be directly affected by the SAD Act, including:

1. Employees of companies who contract with Metro Nashville Government. These contract employees are no longer protected from employment discrimination based on sexual orientation, gender identity, veteran status, or disability.
2. Children in Metropolitan Nashville Public Schools are no longer protected from discrimination in education based on sexual orientation or gender identity.
3. Children who attend Memphis City Schools are no longer protected from discrimination in education based on sexual orientation.
4. Individuals living in the City of Memphis who depend on Section 8 vouchers or SSI disability income are no longer protected from housing discrimination based on source of income. Memphians are also no longer protected from housing discrimination based on age.
5. Has the local government of your city, county, or school board enacted additional protections from discrimination that are not already covered by state law? If so, people who were protected by those local provisions may no longer benefit from those protections.

Do you, your friends, or members of your family fall into any of the above categories?

If you do, you may have standing as a plaintiff in a lawsuit challenging the Special Access to Discrimination Act in Tennessee. Tennessee Equality Project encourages you to contact Nashville-area attorney Abby Rubenfeld for more information (parents should call on behalf of their children):

Rubenfeld Law Office

2409 Hillsboro Road, Suite 200

Nashville, Tennessee 37212

615-386-9077 / 615-386-3897 (facsimile)

arubenfeld@rubenfeldlaw.com

The Tennessee General Assembly may have adjourned for 2011, but Tennessee Equality Project continues to fight for the equal rights of lesbian, gay, bisexual and transgender people and their families in our state.

- Jonathan Cole 

HB600's rationale in shambles, pressure builds for repeal

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

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

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

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

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

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



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

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

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

-Chris Sanders

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

-Chris Sanders

Finally! A statewide conversation about job discrimination

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

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

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

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

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

-Chris Sanders

Partner Benefits for TN companies? Yes, you can!

I got a call today from a company that wanted to explore providing partner benefits (health insurance) for partners of its employees. They had heard that they couldn't do so from their insurance broker. Interestingly I had heard something similar from the leader of a business organization. He was under the impression that companies can't provide partner benefits in Tennessee unless they are self-insured.

I called Blue Cross Blue Shield of Tennessee to find out more. They offer insurance products with partner benefits if a company or organization has 26 or more employees. That's great news.

The wrong information may be all that is holding your employer back from providing this important benefit for your family.

Obviously partner benefits are not the same as marriage and all the obligations and benefits that come with it. Justice demands marriage equality, but until that day comes, partner benefits offer a way to protect those we love.

-Chris Sanders

Dear TNDP Executive Committee: Less is not more

Disclosure: I'm a member of the Affirmative Action Committee of the Tennessee Democratic Party.

Earlier in the week, Sean Braisted alerted us that the diversity goals of the delegate selection plan for the 2012 Democratic National Convention were in danger and that includes the goals for gay, lesbian, bisexual, and transgender delegates.

The new draft plan is to be voted on tonight by the TNDP's Executive Committee.

There's really never a good time to lower your standards, but now happens to be a really bad time. Gay, lesbian, bisexual, and transgender people were among the groups heavily attacked during the recently concluded legislative session. Our community and our allies are pretty angry right now. Democrats ought to be offering a life line rather than kicking us when we're down.

If the whole moral thing isn't appealing, here's some information that some Ds know and others don't. TEP PAC volunteered and/or raised money for 12 of your House candidates in 2010. From a practical point of view, you really should consider how you could grow that number.

Lowering your goals for inclusion of our community won't inspire anyone to try harder for you.

-Chris Sanders

TEP launches GAYATHON in response to Don't Say Gay Bill

Say GAY to
Stacey Campfield
in TEP's GAYATHON

The Tennessee Equality Project is pleased to launch a GAYATHON in response to the Senate passing the Don't Say Gay Bill (SB0049). During this GAYATHON, we at TEP encourage you to tell Stacey Campfield that you plan to say GAY and keep fighting for equality no matter what happens to his Don't Say Gay Bill. 

 Here's how the GAYATHON works . . . . 

1. Make a $10, $25, $50 or larger donation to Tennessee Equality Project by clicking HERE. 
2. Copy and paste Sen. Stacey Campfield's address into an email message: sen.stacey.campfield@capitol.tn.gov.
3. Enter the word "GAY" in all capital letters in the subject line of your email. 
4. In the body of your email write: "Because of you, I donated $___ to Tennessee Equality Project to fight for equality in Tennessee." 

Your participation in TEP's GAYATHON will help us prepare to fight the House version of this bill (HB0229) when the Tennessee House of Representatives opens session in January of 2012.

So donate, participate and share the news of this GAYATHON with your friends and fellow equality advocates by email, Facebook and Twitter.

Be respectful and civil in your message to Campfield. An eye for an eye leaves everyone blind. 

Tennessee Senate Passes SB0049

The Senate voted to approve an amended version of SB0049 by a vote of 19 to 11. Often described as the "Don't Say Gay" Bill by opponents, the bill including its amendment in purple now reads:

AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 6, Part 10, relative to education. 

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: 

SECTION 1.  Tennessee Code Annotated, Section 49-6-1005, is amended by adding the following as new subsection (c) and by relettering the existing subsection (c) accordingly: 

(c) 

(1) The general assembly recognizes the sensitivity of particular subjects that are best explained and discussed in the home.  Human sexuality is a complex subject with societal, scientific, psychological, and historical implications; those implications are best understood by children with sufficient maturity to grasp their complexity. 

(2)  Notwithstanding any other law to the contrary, any instruction or materials made available or provided at or to a public elementary or middle school shall be limited exclusively to natural human reproduction science.  The provisions of this subdivision shall also apply to a group or organization that provides instruction in natural human reproduction science in public elementary or middle schools   

SECTION 2.  This act shall take effect upon becoming a law, the public welfare requiring it.

Tennessee Equality Project observes that the amended version of SB0049 no longer makes direct reference to sexual orientation. However, SB0049 and its House companion (HB0229) remain a threat to safe schools in Tennessee. The State House of Representatives is expected to review HB0229 as early as January of 2012. TEP will continue to advocate against both versions of the Don't Say Gay Bill. 

Regrets, I've had a few, but CAN DO ain't one of them

Now that the TN House and Senate have passed HB600/SB632 (with one difference in the Senate version that will soon be worked out), the Special Access to Discriminate bill will be headed to Governor Bill Haslam's desk. Barring a miracle veto, which we are nonetheless pressing for, the bill will become law.

Last week a Metro Nashville Council Member asked me whether I regretted the whole thing--the work for the Metro Contract Accountability Non-Discrimination Ordinance and having to fight the state bills introduced to stop it and stop any city or county from passing a similar ordinance. The answer is "NO!"

Do I regret that the the majority in the Legislature is anti-equality and tried to frame the issue as a business argument even though there was no study on the business impact of the Metro bill or the state bills? Of course. But I don't regret the work that went into the passage of CAN DO or that everyone put into fighting the state bills.

The Gains: Since the whole discussion began back in December, here's what's different. (a) Belmont University has begun a serious effort at welcoming diversity on its campus. They have more work to do, but they're in a different place. (b) Metro boards and commissions have been updating their non-discrimination policies to conform to the Metro non-discrimination ordinance of 2009. (c) We confirmed that we have a pro-equality consensus in Metro Nashville Government. The city has sent a clear message, even if the state guts the specifics of the ordinance. (d) At last, a statewide conversation on workplace discrimination has begun. Granted, it has been joined by questions of local authority and some fantasy of a "uniform business climate," but it has begun. In that regard, we can't forget how wonderful it was to be allied with Tennessee's four largest cities in opposing the state bills, to receive the support of a Shelby County Commission resolution, or the support of local lawmakers from the Knox County Commission, Jackson City Council, Oak Ridge City Council, and the Memphis City Council. (e) We know where our gaps are in the Legislature. The one positive about a negative vote is that you have a clear map of where you need to build support and you'd better believe we are going to work on that. (f) Our community and our allies are fully awake to the need to be engaged with our Legislature. That is a positive and it will yield strength for other fights!

It ain't over 'til it's over: If Governor Haslam signs SB632/HB600, the matter won't be over. Various groups are talking about filing suit to overturn it. And other options are under consideration. Stay tuned, but don't count us out!

-Chris Sanders

Messages of inclusion in Williamson and Wilson Counties: How I spent my day

As it happens, I was in Williamson and Wilson Counties today. These two counties elected the House and Senate sponsors of SB0632/HB0600 or what we call the Special Access to Discriminate bill. If Sen. Mae Beavers or Rep. Glen Casada had been around today, they would have heard words maybe they aren't used to in their backyards, or maybe they do hear them but ignore them.

The first event was Nashville CABLE's "Power of Inclusion" awards luncheon. TEP received the award in the non-profit category for our work supporting the Metro Council on the 2009 and 2011 Metro non-discrimination ordinances. The event took place at the Cool Springs Marriott. The work of advancing legal protections for the gay, lesbian, bisexual, and transgender community was completely embraced by this incredible network of professional women and I was glad that these achievements were celebrated in Williamson County.

The second event was the Mt. Juliet funeral for Bob Stovall, the late father of TEP's former president H.G. Stovall. I was honored to give the eulogy. The Stovall family completely embodies inclusion. There are few words I could add to the slice of the the obituary that the family wrote for Bob included below.

I just wonder how long Rep. Casada and Sen. Beavers can seal the borders of Tennessee from the national conversation on equality and their own counties from the voices of the women of CABLE and accepting fathers like Bob.

Stovall, Robert Kenneth, age 74, of Mt. Juliet, TN, died Sunday, May 8, 2011. Mr. Stovall was a member of Donelson Christian Church (Disciples of Christ) and a veteran of the U.S. Air Force. He was a member of PFLAG (Parents, Families & Friends of Lesbians & Gays) and the Tennessee Equality Project. Mr. Stovall was the son of the late, Robert L. and Elizabeth Oliver Stovall. He is survived by:
Wife - Gayle Stovall of Mt. Juliet, TN
Sons - H.G. Stovall and his partner, Harry Longfellow of Nashville, TN and Shawn Stovall of Owensboro, KY
Daughter - Elizabeth Ann Smith of Calhoun, KY
Brothers - Teddy A. (Katie) Stovall and
Anthony (Jaynie) Stovall both of Kuttawa, KY
Sister - Mary E. (Jim) Doom of Utica, KY .

-Chris Sanders