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Community Advocates Speak Out as 18 Anti-LGBTQ+ Bills Are Heard in Legislature

As a slate of anti-LGBTQ+ legislation is headed to the Tennessee legislature this week, community leaders and advocates are speaking out.

For the week of March 4th, 18 pieces of legislation are scheduled for hearings in the Tennessee General Assembly. 

“Legislation before House and Senate committees this week targets diversity, equity, and inclusion programs, makes it easier to ban books, and attempts to legalize discrimination based on sexual orientation or gender identity,” leaders said in a statement prior to the meeting.

Molly Whitehorn, regional campaign director for the Human Rights Campaign, said the state currently leads the way on “discriminatory trends” in the country.

“It has passed more anti-LGBTQ+ laws than any other state, with more than a dozen passed since 2015,” Whitehorn said. “This week alone we are seeing discriminatory adoption bans, gender-affirming care bans, a bill to dissolve the Human Rights Commission with no wind-down period, and even a bill revising K-12 non-discrimination policies moving through the legislature.”

Opponents of the proposed legislation, including Whitehorn, held a press conference over Zoom to condemn the upcoming bills and explain the harm that previous laws have caused.

Rep. Justin J. Pearson (D-Memphis) called this upcoming week “alarming for our democracy,” as these bills represent a continued attack on LGBTQ+ people in the state. He also said there are more pressing issues that lawmakers should be concerned with, such as poverty and housing.

“The reality is that in this legislature, division and separation and othering of communities is what is consistently causing pain, hurt, and heartache to our most marginalized communities,” Pearson said. “It’s hard to be on the House floor and see people talking about banning pride flags, but not talk about banning assault weapons that are killing children across our state and across our country.

Molly Quinn, executive director of OUTMemphis, said it’s “astonishing” that the LGBTQ+ community has to continuously defend themselves against attacks such as the list of proposed bills to be heard this week.

“That means there is no other single subject receiving this much attention in the halls of our legislative branch this week,” Quinn said. “There are so many essential issues affecting communities in Tennessee right now, and we need our lawmakers to be focusing on what our communities truly need and not using these bullying tactics to distract from other social problems.”

Quinn said the effects of these bills “trickle down into the community,” explaining that the effects of discriminatory bills last year caused more young people to reach out to OUTMemphis than ever before, as many had faced discrimination in school settings. Quinn added they had a “three times” increase of people reaching out to their emergency services.

“It was unlike anything we had ever seen,” said Quinn. 

Quinn said attacks on the transgender community reached “unprecedented political levels” last year. In the previous session, the Tennessee legislature passed legislation that made it illegal for healthcare providers to administer puberty blockers and other forms of gender-affirming care to minors. 

Another attack targeting transgender people in the state involved the dismissal of a lawsuit which would have allowed individuals to change their gender markers on their birth certificate. As a result of this, TaMesha Kaye Prewitt, transgender service manager for OUTMemphis, said she went into “emergency response mode” after this decision. She said her community is “exhausted and brokenhearted” by the continuous attacks by the Tennessee legislature. 

“I live and work alongside a community of courageous trans individuals, but we are fed up and see the harms of these bills,” said Kaye Prewitt. “Each time these bills become law, we see the real impact up close on families and individuals.”

The Tennessee Equality Project has dubbed these bills the “Slate of Hate,” and a full list and description can be found here.

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Civil Rights Attorney: Tennessee’s Anti-LGBTQ Laws Are “Terrifying” But Not Unprecedented

A national LGBTQ civil rights attorney said that while we are currently seeing a “ramp up” of anti-LGBTQ legislation in Tennessee, these type of attacks are not unprecedented.

However, Sruti Swaminathan, staff attorney for youth for Lambda Legal, said that the emphasis and “attacks on minors” is especially cruel.

“I wouldn’t say it’s unprecedented, but the focus on children, I think that’s something that’s often been used to weaponize that all these pieces of legislation are being passed in the name of protecting children, when all of the medical evidence shows that gender affirming care is life-saving,” said Swaminathan. “Then you have legislators without an ounce of medical experience passing these laws against the wishes of parents and minors.”

Swaminathan is lead counsel for Lambda Legal in the case to block the state new law banning gender-affirming care for transgender youth. The group is joined in the lawsuit with the ACLU, and ACLU of Tennessee, and Akin Gump Strauss Hauer & Feld LLP.

Most recently, the Sixth Circuit Court of Appeals ruled in favor of Tennessee’s law that bans doctors from administering gender-affirming care to minors. 

“The legal advocates are suing Tennessee on behalf of Samantha and Brian Williams of Nashville and their 15-year-old transgender daughter, two other plaintiff families filing anonymously, and Memphis-based medical doctor Dr. Susan Lacy,” said Lambda Legal via their website.

The suit was filed in the federal court, and Swaminathan said their argument was that the ban likely “violates the constitutional rights of these families, young people, and providers in the state.”

“We bring two specific challenges,” said Swaminathan. “One is an equal protection challenge under the Fourteenth Amendment.”

The law also discriminates on the basis of sex and transgender status, Swaminathan said.

“The treatments that are prohibited by the ban are banned only for transgender and non-binary minors,” said Swaminathan. “The same treatments can be given to cisgender children, and so that is a blatant discrimination on the basis of sex and trans status.”

The counsel also argues that the ban violates the “due-process clause” of parents to have “control, care, and custody” over their minors and their minors’ access to healthcare.

Now that Senate Bill 1 (SB1) is back in effect, Swaminathan said that the immediate effects of the ruling is “extremely devastating” for the families involved. They also said that the court’s decision is bound to have a legal precedent on future cases and rulings.

“Both Kentucky and Ohio sit in the Sixth Circuit, and have contemplated and passed similar pieces of legislation,” said Swaminathan. “It’s devastating, but the fight is long from over. We look forward to continuing to persuade the court that SB1 causes unimaginable harm to families in Tennessee.”

Swaminathan said that the gender-affirming healthcare bans are a “terrifying breed” of legislation, and added that without this care, there will be an increase in suicidal ideation and depression.

According to the The Trevor Project’s 2022 National Survey On LGBTQ Youth Mental Health report for the state of Tennessee, 48 percent of LGBTQ youth in the state “seriously considered suicide in the past year.” This included 58 percent of transgender and nonbinary youth. The report also said that 17 percent of LGBTQ youth in Tennessee attempted suicide in the past year. This included 25 percent of transgender and nonbinary youth.

The state of Tennessee was also the first state to have imposed restrictions on drag performances, when Governor Bill Lee signed the “anti-drag” bill into law in March. However, U.S. District Judge Thomas Parker ruled that the law was unconstitutional. Swaminathan said that this is currently still being fought in the court.

“Both of those pieces of legislation are being challenged in the court right now,” said Swaminathan. “It’s an incredibly scary time for LGBTQ folks and their family.”

The court has ordered further briefing for the trans healthcare case, and as the briefing plays out, Swaminathan said that they have indicated that they will reach a resolution by September 30th. While they’re grateful that it will be resolved within a two-month period, they also said that that period still delays care for children in Tennessee.