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State AG to Feds: Equity Issues Not Our Problem

Photo by Annie Spratt on Unsplash

Any agency that gets federal funds for food must now investigate allegations of discrimination based on gender identity or sexual orientation, and Tennessee’s Republican Attorney General is leading the fight against the move.  

In May, the U.S. Department of Agriculture’s (USDA) Food and Nutrition Service (FNS) added gender identity and sexual orientation to its interpretation of Title IX. The 1972 law outlawed discrimination based on sex for any program or activity receiving federal assistance.  

The USDA said the move to include gender identity and sexual orientation is to keep its programs open to everyone, help ensure “all Americans have access to nutritious foods that promote health and well-being regardless of race, ethnicity, identity or background.” The move is also in line with President Joe Biden’s executive order in January on “preventing and combating discrimination on the basis of gender identity or sexual orientation.”   

“USDA is committed to administering all its programs with equity and fairness, and serving those in need with the highest dignity,” said Secretary of Agriculture Tom Vilsack. “A key step in advancing these principles is rooting out discrimination in any form, including discrimination based on sexual orientation and gender identity.

We hope that by standing firm against these inequities we will help bring about much-needed change.

Secretary of Agriculture Tom Vilsack

“At the same time, we must recognize the vulnerability of the LGBTQI+ communities and provide them with an avenue to grieve any discrimination they face. We hope that by standing firm against these inequities we will help bring about much-needed change.”

But this is wrong, according to Tennessee’s Attorney General Herbert Slatery, because agencies that don’t comply with the order will lose federal funding. So, Slatery is leading a coalition of 26 state attorneys general to stop it.  

A letter addressed to Biden about the issue was written and sent by Slatery’s office and has been signed by attorneys general from Alabama, Alaska, Arkansas, Arizona, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Missouri, Mississippi, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia, West Virginia, and Wyoming.

In the letter, the attorneys argue that the new guidance is unlawful because it was issued without the input of state officials and other stakeholders that they say is required by the Administrative Procedures Act. They claim the Biden Administration misread and wrongly applied the U.S. Supreme Court’s ruling in Bostock v. Clayton County, which protects employees against discrimination because they are gay or transgender, as a basis for the new rules. 

The USDA’s move “imposes” new and “unlawful” regulatory measures on state agencies and other agency operators that get federal help from the USDA. Slatery’s letter claims the new rules will cause “regulatory chaos that threatens essential nutritional services to some of the most vulnerable citizens.” The National School Lunch Program, the letter gives as an example, serves nearly 30 million students each day and could be in danger under the new rules. 

As attorneys general we cannot just sit on the sidelines, and we will not.

Tennessee Attorney General Herbert Slatery

“This is yet another attempt by the executive branch and unelected regulators to do what only Congress is constitutionally authorized to do: change the law,” Slatery said in a statement issued Tuesday. “They intentionally misread the [Bostock v. Clayton County] to fit their social policy preferences and exclude the people and their elected representatives from the entire process. As attorneys general we cannot just sit on the sidelines, and we will not.”

The USDA said the LGBTQ community has faced “striking economic and social disparities, such as higher rates of poverty, unemployment, and nutrition insecurity. It said a U.S. Census Bureau survey found that more than 13 percent of LGBTQ respondents faced food insecurity compared to 7.2 percent of non-LGBTQ respondents. 

No one should be denied access to nutritious food simply because of who they are or how they identify.

Stacy Dean, Food, Nutrition, and Consumer Services Deputy Undersecretary

“Whether you are grocery shopping, standing in line at the school cafeteria, or picking up food from a food bank, you should be able to do so without fear of discrimination,” said Stacy Dean, Food, Nutrition, and Consumer Services Deputy Undersecretary. “No one should be denied access to nutritious food simply because of who they are or how they identify.”

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Memphis Gaydar News

LGBTQ Adoption Discrimination Bill Passed by Senate

CREDIT: Bianca Phillips

State Capitol building

A bill that discriminates against the LGBTQ+ community and one “that we don’t really need in this state,” according to its sponsor, passed overwhelmingly in the state Senate Tuesday.

In its first major act of business this year, the state Senate voted Tuesday to allow some private adoption agencies to discriminate against gay couples. The bill was yanked from a Senate floor vote at the end of last year’s legislative session. It had already been approved in the House. Senators approved the bill Tuesday in a 20-6 vote.

The bill is broad, though, and would allow those agencies to discriminate against any group, as long the group has stated their objection to them in writing. The bill would shelter faith-based adoption agencies from lawsuits by any group claiming discrimination. It prohibits faith-based groups from participating “in any child placement for foster care or adoption that would violate the agency’s written religious or moral convictions.”
Tennessee General Assembly

Rep. Tim Rudd

The bill’s House sponsor, Rep. Tim Rudd (R-Murfreesboro), said last year he brought the bill after reading newsletters from National Right to Life and the Heritage Foundation. Adoption agencies, especially by Catholic Charities, were forced out of business after facing discrimination lawsuits, suits Rudd said can cost hundreds or even millions of dollars.

At the end of the first part of the 111th General Assembly last year, many Senators questioned the need for such a specific bill. Many — including House Speaker Randy McNally — brought the question again on the Senate floor Monday.

“I don’t think (the bill is necessary) and the protections already exist,” McNally said.

Those protections exist, some Republican Senators said Tuesday, in 2009’s Tennessee Religious Freedom Restoration Act (RFRA).
Tennessee General Assembly

Lt. Gov. Randy McNally

“The language in this bill seems duplicative in many ways,” said Sen. Jon Lundberg (R-Brsitol). “The legislature has done a solid job over the last decade of protecting religious freedoms. I think we’re covered.”

Sen. Paul Rose (R-Tipton and part of Shelby County), the bill’s sponsor, said early in Tuesday’s debate that his bill “codifies what we already do” and that “we don’t really need this bill in the state” because of RFRA.

However, he also said the bill was a proactive move to prevent the closure of adoption agencies, as has happened in Pennsylvania, New York, California, Massachusetts, and the District of Columbia. Eight other states, like Virginia and Alabama, have passed similar legislation to the one he carried.  Tennessee General Assembly

Sen. Steven Dickerson

In a fiery exchange, Sen. Steve Dickerson (D-Nashville), asked Rose what kinds of people could these agencies deny a child in their care. He said any combination outside of the traditional, married mother-and-father structure he said, “anything outside of that, whatever that is. It’s called freedom.”

Pressed further by Dickerson, Rose said that the legislation — though, he was not a lawyer — would allow, say, an Episcopalian group to deny adoption to a Muslim family and vice versa. “It is my understanding that this bill would allow it,” Rose said. 
Tennessee General Assembly

Sen. Jeff Yarbro

Early in the debate, Sen. Jeff Yarbro (D-Davidson County) proposed an amendment to the bill that excluded any agency from these protections if they had state contracts, took state grant funding, or took any kind of public money.

When these firms take government money, “they are no longer acting as a private actor, they are public actors using public dollars, for public functions,” Yarbro said.

Rose called the amendment “insidious” and “hostile” and “totally wipes out the intent of this bill.”  The amendment was defeated on voice vote.

Sen. Raumesh Akbari, the only female and African American to speak during the debate, said a friend of hers grew up in the foster case system and was “exposed to sexual violence and physical abuse.” The friend later grew up to be in a same-sex relationship and she and her partner have adopted two children “in a very loving home.” Putting children in a loving home, Akbari said, “puts them on the correct path and changes the trajectory of their life.”  Tennessee General Assembly

Sen. Raumesh Akbari

“What is best for children?” Akbari asked. “For me, this boils down to children being safe and happy and for them to be free from abuse and to feel like they belong.”

Dickerson said the bill could have significant financial impacts here.

“In the last six months, a number of conventions have inquired about this bill and said if passed they would not book future conventions in our state,” Dickerson said.

He said the bill would put the state out of the running for future events by the NFL, NHL, and NCAA. Other businesses, too, would “be less likely to relocate and open here as a direct result of this bill.”
Tennessee General Assembly

Sen. Paul Rose

However, Rose told Senators the bill “was about the right to choose.”

“If you believe in freedom, you’ll put aside the issues thrown at you from the business community and look to the roots of this nation,” Rose said.

The bill passed, with four Republicans, including  McNally, voting present but not voting.

The bill now heads to Gov. Bill Lee’s desk for approval.

REPSONSES:

Before the floor vote Monday, groups were calling for the bill’s defeat.

Bianca Phillips

Flags fly over OUTMemphis.

Currey Cook, counsel and director of the Youth in Out-of-Home Care Project for Lambda Legal, said the bill “would deny children in foster care in Tennessee a much-needed family simply because agencies want to put their beliefs above the best of interests of the children.”

“Tennessee risks joining the roster of states who have passed similarly harmful bills that allow government-funded discrimination and we urge state senators of conscience to resist this effort that sends a message to LGBTQ families that they are not welcome,” Cook said in a statement. “To deny qualified parents eager to foster or adopt children in need of loving homes because of their sexual orientation or gender-identity or particular religious belief – criteria wholly unrelated to their ability to parent – is not only wrong, but turns the entire child welfare system on its head by prioritizing a provider’s interests over those of children.”

Hedy Weinberg, executive director of the ACLU of Tennessee said: ”Turning away good families, as (the bill) would allow, simply because they don’t satisfy an agency’s religious preferences would deny thousands of Tennessee children access to the families they urgently want and need.”

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News News Blog

Local Warehouse Workers File Complaint for Extreme Heat at Work

Employers working in a metal warehouse here with no air conditioning filed a complaint last week against their employer with the Tennessee Occupational Safety and Health Administration (OSHA) for what they say are extremely hot working conditions.

At XPO Logistics’ Verizon warehouse here, workers claim to have experienced “instances of extreme heat leading to dizziness, dehydration, and fainting,” according to the complaint. During a recent three-day period, the heat index near the warehouse exceeded OSHA’s “extreme caution” threshold during the majority of working hours, workers said.


Lakeisha Nelson, one of the employees, said she’s suffered from heat stress multiple times during her four years working at the warehouse. The first incident occurred in 2015 when Nelson allegedly fainted due to dehydration. Two years later, Nelson said she had to be rushed to the hospital for severe muscle cramps caused by dehydration. Most recently, Nelson said dizziness and nausea forced her to stop working.

“The working conditions at XPO are terrifying and making us sick,” Nelson said. “Think back to the hottest day this summer and what it felt like to be outside. Now crank it up 20 degrees and think of yourself doing back-breaking work with little ventilation, no fresh air, and no relief for hours and hours.

“Instead of offering electrolyte popsicles and half-hearted warnings about heat, the company should commit to providing breaks that don’t impact our production quotas, water, and medical attention so we’re not at risk of fainting during the average workday.”

On another occasion, an employee suffering from heat illness was allegedly penalized for visiting a doctor during work hours.

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The claims are under investigation by OSHA, who could issue citations or financial penalties for the company’s violations of standards or regulations.

This comes after the Equal Employment Opportunity Commission (EEOC) filed complaints on behalf of two female employees at XPO’s Disney warehouse here in June. One of the women claimed her supervisor made sexual passes at her, and on one occasion tried to kiss her. The other woman alleges that female employees were often pushed around by a general manager, who went unpunished.

This year alone, women at XPO’s three warehouses in Memphis have had a total of 12 complaints filed on their behalf by the EEOC. Complaints include reports of supervisers groping, grabbing, and making sexual comments.

XPO Logistics, a $15 billion company, packages and distributes products for major brands, such as, Verison, Nike, Disney, and Home Depot.


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Editorial Opinion

Fairer Sex

As becomes increasingly obvious, we are unmistakably in the middle of a sea change apropos relations between the sexes. That “we” clearly refers to the corridors of power in politics, media, entertainment, and elsewhere. And by the sexes, we mean something beyond the erstwhile binary sense of the word. It is obvious, in this polymorphing world, that a contemporary Noah would be hard put, in filling a lifesaving craft with representative survivors, to restrict himself to the ordinary one-and-one-makes-two.

There was a time when the mechanics of the existing sexual universe could be rendered by the old cartoon of a stone-age man using one hand to drag an unconscious female by the hair, while the other hand held the club that rendered her supine and the bully boy’s to dispose of, presumably as a guest, permanent or temporary, in his lair.

Crude as that old stock image was as a metaphor for primitive courtship, it bespoke an uncomfortable truth about the enduring algorithms, through stage after stage of social evolution and of gender and power.

Now all that is being called into question, and good riddance. The club — which is to say, the male dominance built into the prevailing social model — is being challenged with a vengeance. Maia and Isis are reincarnated as Wonder Woman, who is no man’s tool and won’t be dragged anywhere. The Playboy Philosophy has gone to its reward. The reversals of fortune that have seen Bill O’Reilly, Harvey Weinstein, Bill Cosby, and Charlie Rose, and seemingly countless others purged from their positions of acceptability have been quick and presumably irrevocable.

The parameters of the emerging new order are indistinct, as yet. The old order will no doubt reassert itself to some degree. The giddiness felt by some will doubtless subside. The boundaries between healthy sexual interplay (flirting, hooking up, etc.) and sexual harassment are in flux and are being redefined. And the challenge now is to reform and redefine stable and just forms of behavior. The boys club is being deconstructed.

This is a revolution that won’t be accomplished by elaborate blueprints nor by elites with specialized knowledge. It will be determined by men learning to behave and by women reporting bad behavior.

The only “guidance” the current moment of transformation has required is an old-fashioned one, summed up in the biblical phrase: “You shall know the truth, and it shall make you free.” The instigators of the powerful change now underway have, for the most part, been members of the American free press doing their jobs: afflicting the comfortable by exposing various male misbehavior and predation, previously behind facades of silence and acquiescence.

It is no accident that the deniers of this overdue revolution are represented by bona fide predators — in Washington as well as in Hollywood, New York, Alabama, and elsewhere. But it appears increasingly obvious that those who deny their acions and seek to sustain the dying male-dominated zeitgeist are doomed to be outed.

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News

New Desegration Order Causes Controversy in Shelby County Schools

AP — Officials in Shelby County, Tenn., complain they’ll have to spend millions to satisfy a federal judge’s “arbitrary” desegregation order. It’ll mean busing minority students up to an hour away and replacing hundreds of white teachers with black ones, they say.

In Huntsville, Ala., under a similar court order, students can transfer from a school where they’re in the racial majority, but not the other way around.

“So which ruling do I violate?” asks a perplexed Bobby Webb, superintendent of schools in Shelby County, where Memphis is located. “The judge’s ruling now, or the earlier rulings that we can’t discriminate against people on the basis of the color of their skin?”

Front-page court battles over integration are mostly a thing of the past. But according to the U.S. Department of Justice’s Civil Rights Division, there are at least 253 school districts still under federal court supervision in racial inequality cases and those are just the ones in which Justice intervened.

Many of the more infamous names Boston, Little Rock, Charlotte, N.C. are gone from the list, having satisfied judges with their desegregation efforts and being granted what’s called “unitary status.” In the last two years alone, at least 75 districts have won such status …

Read entire article.

— Allen G. Breed