Month: April 2024

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News News Blog News Feature

CannaBeat: Feds Move On Cannabis; Could Loosen Laws in Tennessee

Jeff W on Unsplash

The White House will remove cannabis from the federal list of the country’s most dangerous drugs, according to the Associated Press, a move that could lead to looser laws in Tennessee.

In 2022, President Joe Biden promised to reevaluate cannabis’ placement on Schedule I. Schedule I is the federal government’s classification for some of the worst drugs, such as meth and heroin. These drugs are highly addictive and have no medical use, according to the government.

Biden promised cannabis reform in a statement in October 2022. It outlined three steps his adminstration would take to end what he called the government’s “failed approach” on cannabis so far. 

Back then, Biden pardoned all federal offenses of simple possession and urged governors to do the same. Tennessee Governor Bill Lee did not make any cannabis pardons.

Biden said the next step to reclassify cannabis was to check with the Secretary of Health and Human Services (HHS) and the U.S. Attorney General to “expeditiously” review how cannabis is scheduled under federal law. 

Those conversations went on, apparently, behind the scenes, even out of Congressional view. Last summer Congressman Steve Cohen and Congressman Matt Gaetz grilled Drug Enforcement Agency (DEA) Administrator Anne Milgram for details during a meeting of the House Judiciary Crime and Federal Government Surveillance Subcommittee. They got very few. 

Milgram said her agency couldn’t move on the matter without word from HHS. She said DEA had not heard anything and had not even heard of a timeline for when HHS might send word. 

On Tuesday, The AP reported that DEA will move to reclassify cannabis, citing five anonymous sources. That proposal must then get the approval of the White House Office of Management and Budget and go through a public comment period. If approved, cannabis would be listed on Schedule II, alongside drugs such as ketamine. 

Tennessee lawmakers have long said they wouldn’t approve any looser laws for cannabis unless the drug was moved from Schedule I at the federal level. Despite the creation of the Tennessee Cannabis Commission years ago, a group tasked with establishing a cannabis program for Tennessee, no material changes have been made in state laws.  

State Rep. Jesse Chism (D-Memphis) said he hopes that with the reclassification ”we can start the ball rolling soon and begin having serious discussions here in Tennessee.”

“Our state has spent millions and millions of taxpayer dollars to enforce cannabis laws that are outdated and harmful to a lot of people, including many Tennesseans who are trying to get relief from painful chronic medical issues,” Chism said in a statement. “In addition to wasting those dollars, we’ve completely ignored the financial benefits that could be coming the state’s way. 

“I’ve filed several pieces of legislation ranging from allowing medical use to decriminalization to even trying to put a non-binding referendum on the ballot to hear from Tennessee’s voters. The main point of contention has always been its federal classification.  Hopefully, with this movement we can start the ball rolling soon and begin having serious discussions here in Tennessee.”

Tennessee Senate Democratic Caucus Chairwoman Sen. London Lamar (D-Memphis) applauded the move, saying it will will have benefits for Tennesseans seeking medicinal cannabis.

“Reclassifying marijuana as a less-dangerous drug at the federal level is a historic decision, driven by common sense,” Lamar said in a statement. “Republican lawmakers have kept Tennessee in the dark ages on marijuana policy — wasting our tax dollars locking people up for a plant. While my ultimate goal is still legalization in Tennessee, this is incredible news for folks who would benefit right now from natural medical cannabis to treat chronic pain or illness.”

Cohen, a longtime advocate for cannabis reform, was frustrated by delays in the process during that Congressional hearing last year. “I’ve been here 17 years … and I’ve seen DEA heads, I’ve seen [Federal Bureau of Investigation] directors, I’ve seen attorney[s] general, exactly where you’re sitting, say governmental gibberish about marijuana. They’ve done nothing for 17 years, and for years before that. It goes back to the [1930s]. 

“The government has messed this up forever and you need to get ahead of the railroad. You’re going to get something from HHS. Biden understands [cannabis] should be reclassified. He said from [Schedule I to Schedule III] and it should be classified from [Schedule I] to 420. We ought to just clean it up and get over with it.” 

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News News Blog News Feature

Feds Pause Menthol Ban

reddit: Immo Wegman/Unsplash

The Biden adminstration paused a proposed ban on menthol cigarettes last week after it received an ”immense amount of feedback” on the move. 

The U.S. Food and Drug Administration (FDA) announced the long-awaited move toward a menthol ban in April 2022. The agency has worked on the issue since at least 2011. A 2009 law banned all flavors in cigarettes, except for tobacco and menthol. 

The FDA estimated in 2019 that more than 18.5 million people aged 12 and up smoked menthols in the U.S. It recorded high rates of use by youth, young adults, African-Americans, and other racial and ethnic groups.

The FDA said banning menthol cigarettes in the U.S. would lower smoking by 15 percent nationwide in the next 40 years, and over that time, an estimated 324,000 to 654,000 smoking deaths overall and 92,000 to 238,000 African-American deaths could be avoided.

The FDA opened the proposal up for public comment in April, a necessary step in federal rule-making. The comment period was expanded by 60 days in June at the urging of lobby groups advocating for convenience stores, truck stops, and marketers of gasoline and diesel. 

The ban was first delayed in December 2023, and plans to finalize the ban in March never materialized. However, administration officials said they were still committed to implementing a ban. White House officials said last week comments from the public led to the pause. 

“This rule has garnered historic attention and the public comment period has yielded an immense amount of feedback, including from various elements of the civil rights and criminal justice movement,” U.S. Health and Human Services Secretary Xavier Becerra said in a statement on Friday.  “It’s clear that there are still more conversations to have, and that will take significantly more time.”

Banning menthols would only push sales underground, said officials with NACS, the national lobby firm for convenience stores and gas stations. 

“Real-world data and results have shown that prohibition of menthol cigarettes does not reduce smoking or advance public health. Instead, like the experience with prohibition of other entrenched products, it simply leads to more illicit sales,” said Doug Kantor, general counsel at NACS. “We hope the weight of evidence showing the ineffectiveness of what was originally proposed leads the Department to change course entirely.”

The NAACP pushed for the national ban. That group is now calling on states to issue their own bans on menthols. Tobacco-related chronic illness is one of the lading causes of death for African Americans, it said.

”The targeted marketing of menthol cigarettes to Black individuals has contributed to about 77 percent of Black smokers using menthol cigarettes, compared to 23 percent of white smokers,” reads a statement from the NAACP. “This statistic is no accident; it is the result of decades of marketing strategies by tobacco companies. Menthol use has resulted in increased rates of lung cancer, heart disease, and stroke among Black Americans.”

Some said, though, that the ban would unfairly target African-American consumers. Writing in The Washington Post, columnist Eugene Robinson said he understood tobacco companies targeted Black consumers for years. 

“But I can’t rush to cheer a new policy that puts a terribly unhealthy — but perfectly legal — practice enjoyed so disproportionately by African Americans on the wrong side of the law,” Robinson wrote.

Enforcement of the new law would have only addressed manufacturers, distributors, wholesalers, importers and retailers that deal in cigarettes. The new rule would not have included a prohibition on individual consumer possession or use. 

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Film Features Film/TV

Music Video Monday: “Gardening Light” by Out on the Eaves

Patrick Carey cut his teeth in the storied Athens, Georgia, music scene. He and longtime collaborator Matt Stoessel form the core of Out on the Eaves. They recorded their first album as Out on the Eaves, The Ride Out at Memphis Magnetic Recording with Scott McEwen. “The album carries through it a clear sequence of timeless concepts,” says Carey. “A need for a home inside us and for peace within it. A place within us we can always come back to, yet how to find peace without it. A bargain we make to remain independent of fear. The boundaries we reshape for love.”

The Ride Out was released on Red Curtain Records. Carey says the single “Gardening Light” is “… a Southern Gothic scavenger hunt across chiming valleys and ghost strewn hillsides, with sweet maple steel and burnt honey harmonies calling you along to the heart of the horizon.” In the video, directed by Leanna and Patrick Carey and shot by Sean Clark, the singer walks through a lonely forest, looking for a lost keepsake.

If you would like to see your music video featured on Music Video Monday, email cmccoy@memphisflyer.com.

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Film Features Film/TV

Now Playing: Boy Kills World, Zendaya Plays Tennis

Zendaya stars as Tashi Duncan in Challengers.

A couple of premieres takes on all comers at the box office this weekend, including interesting holdovers and a couple of notable anniversary re-releases.

Challengers

Zendaya stars as Tashi Duncan, a teenage tennis whiz who must rebuild her life after she suffers a career-ending injury. She reinvents herself as a coach and marries Art (Mike Faist), a fellow tennis champion, and coaches him to success in the pros. But when Art’s career takes a turn for the worse, he must face off against his arch rival Patrick (Josh O’Connor), who just so happens to be Tashi’s ex. Fireworks, both personal and professional, ensue. 

Boy Kills World

Bill Skarsgård, who you might remember as Pennywise from It, stars as Boy, who is actually a man. The Boy-man’s family is murdered by Famke Janssen, who was the best Jean Gray in any X-Men movie, but I digress. Rendered deaf and mute by the attack, Boy is rescued by a mysterious shaman (revered stuntman Yayan Ruhian) and taught the means for revenge. Bob’s Burgers’ H. Jon Benjamin provides the voice in Boy’s head. 

Civil War

Alex Garland’s searing cautionary tale about an America at war with itself is an unexpected hit. Kirsten Dunst stars as Lee, a journalist on a mission to get from New York City to Washington, D.C., to interview the President (Nick Offerman) before the White House falls to the Western Forces. In this clip, Lee and her partner Joel (Wagner Moura) try to buy some gas in West Virginia.

Alien 

Ridley Scott’s seminal sci fi horror film returns to theaters for a victory lap on its 45th anniversary. Sigourney Weaver’s star-making turn as Ripley set the standard for tough-girl protagonists for decades. The alien xenomorphs will be the most terrifying screen monster you’ll see this, or any other, year. Take a look at the original trailer from 1979, which causes 21st century horror trailers to hide behind the couch.

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News News Blog

Santas, Santas Everywhere

Shawn Coley, a former Grinch, now embraces his Santa soul. Photo by Jon W. Sparks

Ever been to a gathering of Elvis impersonators/tribute artists? Where you’re in a big room and they start drifting in and soon enough you are surrounded by Elvii? Pretty surreal. And yet very much like being at a gathering of Santas, like the International Santa Celebration going on Friday and Saturday at the Renasant Convention Center and culminating Sunday with a noon parade on Beale Street. 

They won’t be humming “Love Me Tender,” but there’s laughter and camaraderie and conversations about the various workshops and sessions taking place. You can always find attendees in the vendor area as well, looking at everything from fancy Santa suits to accessories and scads of holiday tchotchkes .

Kerry Pollock, aka Peppermint, elevates the couture. Photo by Jon W. Sparks

And not just Santas — there are Mrs. Santas, Ms. Santas, elves, and others devoted to holiday entertainment. It’s also surreal, but instead of jump-suited Elvis clones, you’re surrounded by white-bearded Hawaiian-shirt bedecked Santa Clauses. 

For Shawn Coley, it’s his first time in Memphis and he’s delighted to tell his story. Having come from Jacksonville, Florida, he says, “My wife and I go by Soulful Santa and Mrs. Claus.” And he is completely into being Santa, although it took some persuading. “I am a Grinch by nature,” he confesses. “But I married a woman who loved the holidays and loved everything about Christmas. For years she would always try to talk me into being Santa Claus. She would say, Shawn, you have the face, the mentality and the heart to do this. And not only that, you have the initials.”

And it grew from there to where they have their own business — Christmas With The Coleys — as Santa and Mrs. Claus. Find them at @soulfulsantaandmrsclaus on Tiktok.

Santa gear galore at the International Santa Celebration. Photo by Jon W. Sparks

Also attending was Kerry Pollock of Lexington, South Carolina, sporting a fashionable Mrs. Claus ensemble. Her husband is Santa and persuaded her to come with him on his rounds.  But she was reluctant. “I was a kindergarten teacher and told him I couldn’t do it because some of the children might recognize me.” 

But then she decided she could do it in the persona of “Peppermint.” “If we ran into any of my children,” she said, “I’d say ‘I miss teaching so much, but Santa got in touch with me and said he needed me to drive him around when he’s in town visiting children.’”

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Blurb Books

To Read, or Not to Read (April 2024)

(Photo: Canva)

As April comes to a conclusion and with Independent Bookstore Day tomorrow (Saturday, April 27th), it’s time for our favorite local booksellers to share their recommendations for what to read — because who else knows better?

There’s Always This Year: On Basketball and Ascension, Hanif Abdurraqib

“This week was my first time reading the work of the celebrated author Hanif Abdurraquib, beloved son of Columbus, Ohio. This book is a treasure trove of longing, hope, and the author’s personal quest to define what really makes a place ‘home.’ Abdurraquib once described his love for Columbus, Ohio, like this: ‘I’m not in love with the bridges. I’m in love with the people. The people are the architecture of the place.’ As a Memphian consuming this mind-bending and beautiful book in three days, I could relate. His affection for his gritty hometown will resonate with many local readers who see the soul of a city as more than just a skyline.” — Angie Doherty, Novel

“Every time I open a new book from Hanif Abdurraqib, I think I’m ready. I never am. His latest masterpiece is definitely a book about basketball, but also about life, and love, and home, and hope, and anything and everything not even basketball at all. There is not a word wasted, and the way he observes the world, unpacks it, then sharply and tenderly delivers it back to us always manages to crack my heart and my mind wide open. Hanif is a brilliant poet, and just seems to see the world differently. I encourage everyone to take a moment to sit with him and see things differently, too.” — Nicole Yasinsky, Novel

Doppelgänger: A Trip Into the Mirror World, Naomi Klein

“Naomi Klein’s Doppelgänger: A Trip Into the Mirror World navigates our polarized society with sensitivity and depth. Using the mix-up between herself and former third-wave feminist turned far-right darling Naomi Wolf as a launching point, Klein delves into contentious topics such as vaccines, climate change, and the Israel-Palestine conflict. The narrative is both captivating and witty, weaving together personal and cultural anecdotes of mistaken identity. Klein’s analysis compellingly argues for acknowledging our collective responsibility in today’s dysfunctional political climate and striving to enact positive change. This book is a must-read, skillfully combining scholarship and storytelling.” — Alexandra Farmer, Novel

Ramona the Brave, Beverly Cleary

“Ramona Quimby is a hot mess. She has family problems, friendship issues, and troubles at school, but she manages to work through whatever life unexpectedly throws her way with her spunk and pluckiness. All books about Ramona were written by librarian Beverly Cleary who passed away in 2021 at the age of 104.” — Sheri Bancroft, Novel 

The American Daughters, Maurice Carlos Ruffin

“It is a historical novel based in New Orleans (one of my favorite cities) centered around a spirited young woman who joins a sisterhood. This story highlights the sisterhood and community of Black women whose efforts played a significant role in the Civil War.” — Jasmine Settles, Cafe Noir 

The Heaven and Earth Grocery Store, James McBride

“A mystery of master storytelling. Questioning faith and newly discovered skeleton bones. When the truth is finally revealed about what happened on Chicken Hill and the part the town’s white establishment played in it, McBride shows us that even in dark times, it is love and community — heaven and earth — that sustain us.” — Jasmine Settles, Cafe Noir 

Another Word for Love, Carvell Wallace 

“Keep an eye out for the release on May 14th. ‘To return, to be made whole again. This is another word for love,’ writes Carvell Wallace. In Another Word for Love, Wallace excavates layers of his own history, situated in the struggles and beauty of growing up Black and queer in America.” — Jasmine Settles, Cafe Noir 

Radiant: The Life and Line of Keith Haring, Brad Gooch

“I typically am a 99 percent fiction reader but lately have been immersed in reading about art and artists (both fiction and nonfiction). I am currently reading the new biography of Keith Haring by Brad Gooch, Radiant: The Life and Line of Keith Haring. It’s a wonderful overview of his short time in the art world as well as a vivid snapshot of New York City in the 1980s. I am also reading the Keith Haring Journals, which adds an extra layer to his life and art. A bit of trivia I learned: Haring’s father attended the Aviation Electronic Technician School in Memphis in 1957, where he stayed for six months. The high point of his stay was spotting Elvis joyriding around town in his white Lincoln. — Cheryl Mesler, Burke’s Book Store

Jeremee DeMoir, owner of Demoir Books & Things, has four books of poetry in mind for National Poetry Month. He’s broken them down into age categories for us:

  • Children’s — Exquisite: The Poetry and Life of Gwendolyn Brooks by Suzanne Slade: A picture book biography about Gwendolyn Brooks, the influential poet and the first African American to win a Pulitzer Prize.
  • YA — Black Girl Evolving by Diana Townsend (a Memphian): Black Girl Evolving is a powerful and evocative poetry collection that delves into the complexities of the Black community, mental health, and the vital role of Black women in society.
  • YA — Call Us What We Carry by Amanda Gorman: Amanda Gorman’s remarkable new collection reveals an energizing and unforgettable voice in American poetry.
  • Adult — Counting Descent by Clint Smith: Clint Smith’s debut poetry collection, Counting Descent, is a coming-of-age story that seeks to complicate our conception of lineage and tradition.

All books mentioned can be purchased at the respective bookstore locations. For upcoming book events, including book clubs and author signings, visit the Flyer’s event calendar.

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Music Music Features

Cooper-Young Porchfest ’24 Mixtape

Little Baby Tendencies at Cooper-Young Porchfest ’24 (Photo: Chris McCoy)

Last Saturday, April 20, 2024, was the fourth annual Cooper-Young Porchfest. More than 100 bands played on porches, in driveways, and on lawns all over the neighborhood. The weather was cool, and it was a little cloudy, but the tunes were hot all over the Coop.

I was there with a camera trying to see as many sets as I could, which was just a tiny fraction of the talent on display. In the “Cooper-Young Porchfest Mixtape” you’ll see performances from Bluff City Vice, Cloudland Canyon, Dead Soldiers, Little Baby Tendencies, Above Jupiter, and the Walt Phelan Band, with a little bit at the end featuring Moth Moth Moth’s front lawn drag show. Settle in for some of the best music the Memphis scene has to offer.

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On the Fly We Recommend We Recommend

On the Fly: Week of 4/26/24

International Santa Celebration Conference
Renasant Convention Center
Thursday-Sunday, April 25-28
Santa Claus is comin’ to town! Okay, you busted me. It’s April. And Santa Claus isn’t coming to Memphis — a lot of Santa Clauses are coming to Memphis. And Mrs. Clauses. And Ms. Clauses. And elves. And reindeer handlers. It’s a whole thing (read about it in Jon W. Sparks’ story this week). And I’m not saying you oughta attend the conference (or that you can ’cause, like, some secrets are meant to be kept to the North Pole, you know?), but the International Santa Celebration Conference will have a vendors market open to the public and a Christmas in April Parade down Beale on Sunday, April 28th, at noon.

Memphis Recycling Roundup
University of Memphis, 3711 Poplar
Saturday, April 27, 9 a.m.-1 p.m.
Sometimes I wish I could just recycle these weekly “On the Fly”s, but I’m told that reusing material from last week and reducing my work hours will leave me with less green in my wallet. So instead, I’ll tell you to recycle, reuse, reduce, go green, whatever. In fact, this weekend you can go hardcore and get rid of those hard-to-recycle items like tires, mattresses, scrap metal, and Styrofoam to be recycled, free of charge. The Tennessee Environmental Council (TEC) partners with mostly local vendors to recycle these items and keep them out of landfills, so many materials are refurbished, processed into new materials, or downgraded into other materials like rags and carpet padding. For a full list of items that are being collected, go here ’cause I sure as heck am not gonna list them all out.

City Nature Challenge
Various Locations
Friday, April 26, 12:01 a.m.-Monday, April 29, 11:59 p.m. 
Take part in a global event as a community scientist! Memphians of all ages and education backgrounds are called to observe and submit pictures of wild plants, animals, and fungi using the free mobile app iNaturalist as part of the City Nature Challenge. While anyone can participate on their own, multiple community partners are hosting events open to the public to encourage spending time in nature among our neighbors. Find out more about the challenge and how to participate here.

Brick Convention (LEGO Fan Event)
Landers Center
Saturday-Sunday, April 27-28
The Brick Convention is a different kind of block party — a LEGO block party — bringing all of the creative hands-on, minds-on fun of LEGO building and experiences in one place.  Patrick Durham, half of the fan-favorite Grandpappies team on the hit series LEGO Masters, will be coming, and so will master LEGO artist Tom Jacobsen and other LEGO artists. There’s gonna be LEGO retail, an architecture zone, brick pits, meet-and-greets, and a fan zone, featuring LEGO creations built by local fan builders. Tickets are $14.99 and can be purchased here. You will be asked to choose one of two sessions: Session I (10 a.m.-1 p.m.) and Session II (2-5 p.m.).

Chalkfest
Memphis Brooks Museum of Art
Saturday, April 27, 10 a.m.-1 p.m.
Chalk it up to a good time at the Brooks’ annual Chalkfest, where you can join local artists — Craig Thompson, Sumo the Artist, Amy-Beth Rice, and Kaylyn Webster — and transform the museum’s plaza into the most colorful work of art and even recreate favorites from the art collection. Throughout the day, you’ll explore the galleries for free, dance to music from the Soul Shockers and DJ Siphne, enjoy art activities and face painting, and eat grilled hot dogs and snacks on the plaza and Feast & Graze in the MBMA Cafe. Register for the free event here.

Taste & Create
Belltower Coffeehouse at Shelby Farms Park
Saturday, April 27, 11 a.m.-3 p.m.
Belltower introduces this free community event where you can sip, savor, and create. The day will have live painting, pottery, and more from local artists; food, coffee, and wine from local restaurants; opportunities to get involved with local nonprofits; and face painting, bounce houses, and balloon animals for kids.

Paint & Picnic
Formal Gardens at Overton Park
Saturday, April 27, 2-4 p.m.
Paint your own nature-inspired birdhouse at a picnic. (How delightful!) All materials are provided. Tickets are $20-$30 and can be purchased here.

Independent Bookstore Day
Burke’s Book Store & Novel
Saturday, April 27, store hours
Mark your calendars, Saturday, April 27th is Independent Bookstore Day! Burke’s and Novel will have giveaways, exclusive Independent Bookstore Day items for sale, and more. Burke’s will have cookies, and Novel will have storytimes at 10:30 and 11 a.m., a raffle, and a Golden Ticket hunt. (Last year I got a free book and bumper sticker from Burke’s!)

There’s always something happening in Memphis. See a full calendar of events here.

Submit events here or by emailing calendar@memphisflyer.com.

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News News Blog News Feature

House Kills Anti-Reparations Bill

Rep. John Ragan, R-Oak Ridge, addressing his bill to prohibit local governments from spending funds to study reparations. (Photo: John Partipilo)

The Tennessee House voted 52-43 Wednesday to defeat an anti-reparations bill despite the efforts by an East Tennessee House Republican to resurrect the measure.

Before introducing the bill, Republican Rep. John Ragan (R-Oak Ridge) circulated a letter to colleagues seeking their support in passing House Bill 474 to stop counties from looking into reparations and disbursing money to those whose family members were enslaved. 

The measure passed in the Senate on a 26-6 vote but got hung up in the House. Rep. Sam Whitson (R-Franklin) called for a vote to table Ragan’s legislation.

In response, Ragan told the chamber that people shouldn’t be forced to pay for the wrongdoing of their ancestors. He pointed out that all Japanese shouldn’t be blamed for the bombing of Pearl Harbor and all Muslims shouldn’t be held responsible for the 9/11 attack on the World Trade Center.

Ragan noted in the letter that state Sen. Brent Taylor of Memphis brought him the bill and said he will not back down from resistance. He also accused opponents of “blatant bullying and immoral tactics.”

Cred:t Tennessee Lookout

“Frankly, two opposition caucus members have unashamedly engaged in such, hurling repugnant insults and racial slurs in the “People’s House” – apparently without penalty,” Ragan’s letter says. “Regrettably, other members of their caucus have failed to demonstrate the moral courage to oppose such a degradation of our state’s great institution. In fact, some have even supported these actions openly.”

Ragan also said the press, “always hungry for salacious sensationalism and manufactured controversy,” blew the matter out of proportion, causing some lawmakers to consider support of the bill a threat to their re-election.

Democratic Reps. Justin Jones of Nashville and Justin J. Pearson of Memphis have been outspoken foes of the bill. 

Pearson said shortly before the Wednesday vote, “I am hopeful that this racist bill will be tabled.”

Ragan’s letter asks Republican colleagues to vote their conscience and notes, “It is a good and just bill that helps Tennessee and deserves a vote.”

Tennessee Lookout is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and Twitter.

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News News Blog News Feature

New State Law Allows Discrimination for Anti-LGBTQ Foster Parents

Jace Wilder, education manager of the Tennessee Equality Project, says the new law “puts kids at risk of being abused, neglected and harmed again.” (Photo: John Partipilo)

With Gov. Bill Lee’s signature, Tennessee last week became the first state in the nation to establish the right of adults who claim moral or religious objections to LGBTQ identity to foster and adopt LGBTQ kids.

In the days since the law became effective, the Department of Children’s Services (DCS) has shelved a 10-year-old policy that said children in state custody must receive care that “promotes dignity and respect for all children/youth and families inclusive of their gender identity, gender expression, and sexual orientation.”

That policy is now “under review and will be updated on the website once the review is complete,” DCS spokesperson Ashley Zarach said. New guidelines for how the state will navigate foster kids’ sexual orientation and gender identity in deciding where to place them are expected to be hashed out in the coming months.

Senate approves bill establishing a right to foster, adopt by anti-LGBTQ parents in Tennessee

The law’s passage has raised alarms among advocates for LGBTQ youth in Tennessee and elsewhere, who say it upends a central principle of child welfare systems: prioritizing the best interest of a child.

Instead, they say, the law gives greater weight to a prospective parent’s religious and moral beliefs over the need of a child for a loving, safe, and supportive home.

“What’s really sad about this is there’s a really high volume of LGBTQ+ kids in the foster system whose needs aren’t being met now,” said Molly Quinn, executive director of OUTMemphis. Among the LGBTQ nonprofit’s programs is one that aids 18- to 24-year-old LGBTQ youth facing homelessness, many of whom are former foster kids who faced a tough time in the child welfare system.

“The fact that the state would accept a family that is willing to discriminate into this broken system with such vulnerable kids is difficult to understand,” she said.

Best interests of the child?

The law, formally called the Tennessee Foster and Adoptive Parent Protection Act, was backed overwhelmingly by Tennessee Republican lawmakers, who two years ago also approved a first-of-its-kind law allowing private adoption and foster care agencies that accept tax dollars to reject prospective parents for a variety of religious or moral reasons, including their faith or whether they are LGBTQ.

In advocating for this year’s bill, Dickson Republican Rep. Mary Littleton characterized it as a necessary safeguard for families who want to offer loving homes to foster and adoptive kids but worry that they would have to compromise their faith or moral beliefs. Littleton also cited an urgent need for more willing families to step forward. Tennessee currently has 4,948 fully approved foster homes, but needs 400 more.

At the end of the day the state should be acting in the best interest of the kids and this doesn’t do this. This puts emphasis on beliefs of foster and adoptive parents.

– Laura Brennan, Family Equity

Littleton stressed that the new law says DCS is not precluded from taking a child’s preferences into account before placing them in a home.

“This bill does not disregard the values and beliefs of the child,” Littleton said, noting state child welfare officials can still take into account “a comprehensive list of factors” before placing any child in any home.

Advocates have pushed back to say that plain language of the law does not require the state to take into account the child’s own wishes.

They also criticized what they call a mischaracterization by the law’s supporters that prospective foster and adoptive parents in Tennessee have been rejected for holding anti-LGBTQ beliefs.

Parents in Tennessee have not been required to be gender- or sexual-orientation-affirming as a condition of becoming approved as a foster or adoptive parent. They have, however, been required to promote dignity and respect of a child’s identity if they take an LGBTQ kid in their home — until now.

DCS: parents preferences already taken into account

According to the Department of Children’s Services, prospective parents’ “preferences” have routinely been taken into account before a child is placed in a home, a spokesperson for the Department of Children’s Services said in a statement.

“Prior to this legislation, the DCS home study process included asking prospective foster and adoptive parents a series of questions to identify their placement preferences,” a statement from DCS said.

“Among those are questions regarding willingness to parent a child who identifies as LGBTQ+. Our goal always is to find the most appropriate placement to meet the unique needs of each child in our care,” the statement said.

Anti-LGBTQ foster, adoptive parents can’t be denied child placements under proposed law

Tennessee currently has 8,854 kids in state custody — 6,686 of them residing in foster homes. Up to a third of all foster youth nationwide identify as LBGTQ — often kicked out of home or winding up in state custody as result of mistreatment or rejection based on their gender identity, according to the U.S. Department of Health and Human Services.

Jace Wilder, education manager Tennessee Equality Project, an LGBTQ advocacy organization that has vocally opposed the law, pointed to his own tough childhood as an example of the importance of supportive adults in a child’s life.

Wilder, who is transgender, was raised, in part, by a friend’s parents after suffering abuse at the hands of his father, he said. His mother was disabled and frequently hospitalized.

Wilder said the abuse wasn’t solely because of his gender identity, but “it kind of gave him more ammo to use against me, so that did not help.” He was also able to connect with LGBTQ people for support in his teens and college years, he said.

“Without finding people that accepted me and really helped me grow, I think I would have been stuck in the position of being too afraid to transition, too afraid of being out,” he said. “I think this puts kids at risk of being abused, neglected, and harmed again.”

The nature of discourse over LGBTQ youth in Tennessee already exemplifies the need for safe and affirming homes, said Eli Givens, a college freshman from Tennessee who also serves as an advocate for the Tennessee Equality Project.

“It’s been just really unbelievable watching this session,” Givens said. “I’ve had adults telling me I need to go gas myself, that I was clearly molested when I was younger, just a wide array of threats.

“It’s bewildering that the same adults who told me to gas myself can adopt an LGBTQ child. That’s an extremely scary reality.”

Tennessee AG pushes back on proposed federal LGBTQ foster protections

The law was enacted on the heels of proposed new rules currently being considered by the U.S. Department of Health and Human Services related to the placement of LGBTQI+ youth in foster care. Among the proposed rules for all foster homes is they “establish an environment free of hostility, mistreatment, or abuse based on the child’s LGBTQI+ status.”

Tennessee AG leads multi-state fight against federal protections for LGBTQ foster youth

In November, Tennessee Attorney General Jonathan Skrmetti led a 17-state coalition opposing the rules, saying in a letter to the federal government that they would shrink the pool of available foster families and “further divert resources away from protecting foster children from physical abuse and toward enforcing compliance with controversial gender ideology.”

Laura Brennan, associate director for child welfare policy for Family Equality, which advocates for LGBTQ families, said national advocates are keeping a close eye on what’s happening in Tennessee. The state’s 2022 law allowing publicly-funded private adoption and foster care agencies to exclude LGBTQ parents has seen been adopted by 13 other states, she said.

“At the end of the day the state should be acting in the best interest of the kids and this doesn’t do this,” she said. “This puts emphasis on beliefs of foster and adoptive parents.”

Tennessee Lookout is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and Twitter.