anti-LGBTQ legislation in Tennessee

Tennessee lawmakers are pushing numerous bills the LGBTQ+ community considers discriminatory, including one that would force state and local governments to ensure all laws and policies referring to a person’s sex or gender are based on “anatomy and genetics” at birth.

Another bill passed by the House Monday — without debate — would require private schools and churches that allow children to stay in residential facilities such as summer camps to segregate restrooms and changing areas based on “immutable biological sex.”

Those are among a spate of bills opposed by the LGBTQ+ community during the legislative session.

The Senate Judiciary Committee is set to take up Senate Bill 936 Tuesday, a measure declaring it is state policy that only biological males and females exist in Tennessee, despite the presence of multiple transgender residents at legislative meetings.

We have a real issue in our nation, folks don’t understand that when God created us, Genesis 1:27, he created male and female, end of sentence. There is no such thing as gender.

– Sen. Paul Rose, R-Covington

Sponsored by Sen. Paul Rose (R-Covington), the bill contains a broad amendment requiring local governments and the state to revise all ordinances, resolutions, rules, policies, and procedures to reflect that references to a person’s sex or gender are based on their genetics at birth. Complaints could be filed in chancery court to force compliance, ultimately allowing the state government to withhold Department of Economic and Community Development grants from local governments.

“We have a real issue in our nation, folks don’t understand that when God created us, Genesis 1:27, he created male and female, end of sentence. There is no such thing as gender,” Rose said. “That is something that’s made up by mankind.”

Rose added later, “We’re just not going to recognize transgender.” He also downplayed the significance of the proposed amendment’s impact on governments.

The lawmaker postponed consideration of the bill until Tuesday after the amendment was added earlier in the day, giving people little time to read it.

Rep. Gino Bulso (R-Brentwood) sponsor of a bill requiring private and public facilities to segregate bathrooms by male and female. (Photo: John Partipilo/Tennessee Lookout) — Rep. Gino Bulso (R-Brentwood), sponsor of a bill requiring private and public facilities to segregate bathrooms by male and female (Photo: John Partipilo/Tennessee Lookout)

Chris Sanders, director of the Tennessee Equality Project, an LGBTQ+ advocacy group, said the amendment makes the bill more sweeping than it was originally because city and county governments and school districts approach the matter in different ways.

“It’s a big bill now,” Sanders said, because it forces local and state governments to correct anything that is “at odds” with the legislation.

State government entities, including Tennessee universities, would be required to take the same steps as local governments, and failure to comply could lead to reductions in a department or agency budget following an investigation by the Comptroller’s Office. Those departments and universities also would be ineligible to receive grants from the Department of Economic and Community Development.

“Bathroom bill” passes House

House Speaker Cameron Sexton ordered troopers to remove at least one protester from the gallery after House Majority Leader William Lamberth used a technical maneuver to cut off debate and kill an amendment to the bill requiring segregated bathrooms.

The House voted 74-18 in favor of House Bill 64 by Rep. Gino Bulso of Brentwood. Bulso declined to comment afterward, but he told lawmakers in a subcommittee meeting earlier this year that he received a complaint from a parent about a transgender child sharing a changing facility at a summer camp.

Sanders said afterward he was “disgusted” that no debate was allowed on what he considers a “consequential, disgusting, far-reaching bill.”

“We all know it attacks transgender students, but it reaches into the private sector in a way that state bills usually don’t,” Sanders said. “It’s wild that the party of ‘small government’ wants to micromanage private institutions of their ability to set their own policies,” said Rep. Aftyn Behn, a Nashville Democrat. Behn was incensed after Republicans sidestepped her amendment.

“It’s wild that the party of ‘small government’ wants to micromanage private institutions of their ability to set their own policies,” said Rep. Aftyn Behn, a Nashville Democrat. (Photo: John Partipilo/Tennessee Lookout)

Behn said in a statement she introduced an amendment to “neuter their latest Big Brother bathroom bill” but was blocked from speaking.

“It’s wild that the party of ‘small government’ wants to micromanage private institutions of their ability to set their own policies,” Behn said. “Regarding the procedural retaliation, this is a pattern of weaponizing their supermajority status to either punish a disparate worldview or block minority voices from the conversation.”

Some Republican lawmakers said they wanted to hear debate on the matter, but they didn’t feel enough urgency to vote for discussion.

House Republican Caucus Chairman Jeremy Faison said he typically favors debate but claimed Behn’s amendment would have “completely destroyed” the bill.

“Regardless of how we feel individually, collectively our (GOP caucus) members don’t want to hear it. If you’re going to do something like that, we’re not going to talk about it,” said Faison (R-Cosby).

Faison added that “it’s incumbent on the legislature to protect children,” but he said transgender kids don’t deserve to be a “protected class” of people.

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.

Well, friends, Tennessee’s 110th General Assembly is in full swing, and one thing has become very clear to me: Beavers must be stopped.

All 33 senators and 98 representatives have been busy. They’ve cranked out hundreds of bills. Many are beneficial, like SB 0416, which exempts diapers from taxation. Others seem harmless enough, like SB 0418, which requires big-game hunters to wear 25 more square inches of orange. Some are head-scratchers, like SB 0172, which clarifies the definition of a rickshaw. Maybe that’s the new Nashville bachelorette party transportation? There are a few eye-rollers, like HB 0026, which “requires all license plates to bear the language ‘In God We Trust’.” Talk about tackling the important issues.

Aside from her resolutions (yes, plural) targeting pornography as a public health hazard and the hilarious headlines that ensued, I was unfamiliar with Senator Mae Beavers’ work. But she has worked hard to make herself known by sponsoring and co-sponsoring a flurry of bills ranging from unnecessary to discriminatory to dangerous and brazenly unconstitutional. I have no doubt they represent the values of her constituents in Mt. Juliet, but … hoo boy. Where to begin.

Mae Beavers and a constituent

Remember the “bathroom bill” from last year? It proposed transgender students use the facilities corresponding with their birth genders. For privacy and safety reasons, they said. It would have cost the state $1.5 billion in Title IX funding and resulted in millions in lost revenue. The sponsor, Representative Susan Lynn, withdrew the bill because she wanted to study the issue further. Well, North Carolina’s version, HB2, resulted in severe economic losses including the relocation of the NBA All-Star Game from Charlotte. It cost their governor his job. It’s currently being repealed. One could say it didn’t do so hot. That didn’t stop Beavers from bringing it back. Speaking of “bringing it back,” Beavers wants to roll back the LGBT community’s right to marriage with SB 0752, which “states the policy of Tennessee to defend natural marriage between one man and one woman regardless of any court decision to the contrary.” Hear that, Supreme Court? Your decisions mean nothing to Mae Beavers. The full text of the bill cites Dred Scott (with a full-page explainer of the Fugitive Slave Act), Alito and Scalia’s Obergefell dissents, John Locke, and “Letter from a Birmingham Jail.” It’s a lot to unpack. Also, it’s unconstitutional.

SB 0645 takes a tough stand on voter fraud, requiring courts to fine offenders $5,000 in addition to any existing penalty. It offers a $5,000 reward for information leading to a conviction for voter fraud. Problem is, of the 42 potential cases the state of Tennessee investigated in the most recent election, one resulted in a conviction.

SB 0272 “requires the department of safety to print the language ‘NON U.S. CITIZEN’ or ‘ALIEN’ on the driver licenses, permits, or other forms of identification issued or renewed for a temporary period to persons who are not United States citizens and not lawful permanent residents of the United States.” That would help with the voter fraud thing, if it existed. Gee, it’s almost as if Beavers is angling for attention from someone who took a huge loss in a popular vote and has some job openings available. Can’t knock the hustle, I suppose.

Senator Beavers really wants us to be armed, by the way. SB 0147 proposes open carry without a permit. SB 0145 provides a background check loophole by allowing firearms dealers to sell weapons from their personal collections. There’s a Second Amendment Sales Tax Holiday proposed for the first weekend of September, too, if you feel like stocking up.

Anybody got “BINGO” yet? I haven’t even gotten to the anti-abortion stuff.

SB 0244 prohibits abortions from the point a fetal heartbeat is detected, which typically occurs at five or six weeks — before many women even are aware they’re pregnant. And just because a heartbeat is detected doesn’t mean the fetus is viable. Don’t worry though, Beavers fans. If SB 0244 gets struck down due to pesky science, she sponsored another bill prohibiting abortions after 20 weeks, except to preserve the life and health of the mother. There’s also the “Sanctity of Human Life Act,” SB 0754, that “declares that human life begins with fertilization, cloning, or its functional equivalent.” Bad news. Yes, I’m afraid it’s science again. Something tells me the senator is unconcerned, though.

Jen Clarke is an unapologetic Memphian and a digital marketing specialist.