Tag: Tennessee Equality Project

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Memphis Gaydar News

LGBTQ+ Group Urges Blackburn: ‘Represent All of Us’

CREDIT: U.S. Senator Marsha Blackburn/Facebook

U.S. Senator Marsha Blackburn/Facebook

Blackburn and other Congress members filed a brief with the U.S. Supreme Court hoping to limit future protections for LGBTQ+ people int he workplace.

U.S. Senator Marsha Blackburn does not think federal employment protections extend to the LGBTQ+ community, according to a court document, but advocates are asking her to change her mind.

Several members of Congress (including Blackburn) filed a brief to the U.S. Supreme Court, offering up their expertise on Title VII. That’s the portion of the 1964 Civil Rights Acts that prohibits employment discrimination based on “race, color, religion, sex, and national origin.”
[pdf-1]
A case now before the Supreme Court could affect employers’ rights to fire gay and transgender employees. The Congress members’ brief says changing the law should be a legislative function — left up to Congress in other words — and not one to be decided in courts. But they do tip their hands on their feelings about the law.

”Title VII does not expressly include sexual orientation and gender identity as protected classes,” reads the brief. “The text and legislative history do not support the view that Title VII was intended to protect them.”

The case was brought by three people — a skydiving instructor, a funeral home employee, and a state-government child welfare services coordinator — who all claimed they were discriminated against because they were gay or transgender.

The “sex” part of Title VII was meant to protect women, the Congress members said in the brief. They explain “sex” in the brief by saying “sex” — in quotes — a bunch of times.
[pullquote-1] “Sexual orientation and gender identity, despite their connection to sex, are not ’sex,’ per se,”reads the brief. “Title VII does not prohibit discrimination based upon ‘things that cannot be defined or understood without reference to sex’ or ‘things that are directly connected to sex.’ Moreover, sex stereotyping is not a separate protected class, but rather a means of proving sex discrimination.”

Any way you describe it, amending the law could have real-world effects, the Congress members say, including ”collateral impacts on businesses and imposition on matters of conscience.” Oh, and the Affordable Care Act.

The brief was signed by eight U.S. Senators (Blackburn being one) and 40 U.S. Representatives.

On Tuesday, members of the Tennessee Equality Project (TEP) delivered petitions to Blackburn’s Memphis and Nashville offices urging her to remove her name from the brief. The group said 724 people signed the petitions at events in Memphis, Murfreesboro, and Nashville in the last month.
[pullquote-2] The petitions read, in part, “sex stereotyping is at the heart of discrimination based on sexual orientation and gender identity. Your constituents in Tennessee need these protections and we ask you to speak for them.”
Tennessee Equality Project

TEP Shelby County chair Shahin Samiei delivers petitions to Sen. Blackburn’s office.

TEP Shelby County Committee Chair Shahin Samiei delivered the petitions to Blackburn’s office in Memphis Tuesday.

“Having spoken with scores of Tennesseans, a consensus resonates that being fired for who we love or who we are is inconsistent with our values,” Samiei said in a statement. “Fire me for being bad at my job — don’t fire me for being LGBTQ.”

TEP executive director Chris Sanders said the organization is contacted “every month” by LGBTQ+ people who have been discriminated against on the job.

“We need legal protections and we need Senator Blackburn to represent all of us,” Sanders said. “There is wide agreement across the political spectrum that everyone deserves the chance to earn a living.”

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Memphis Gaydar News

OUTMemphis, TEP Host Mayoral Town Halls

CREDIT: Bianca Phillips

Bianca Phillips

Flags fly over OUTMemphis.

Mayoral candidates will stump at events hosted by OUTMemphis and the Tennessee Equality Project (TEP) starting tonight (Tuesday, September 10th) at OUTMemphis.

Each town-hall-style event will be moderated by OUTMemphis executive director Molly Quinn. Each will feature a question-and-answer session with the candidate and a meet-and-greet reception after that. All events are open to all ages and all are free and open to the public. 


Here’s what OUTMemphis and TEP say about the events:

”LGBTQ+ individuals live in every ZIP code, are represented in every race, ethnicity, ability level, religion, and age regardless of socio-economic status, citizenship, or education level.

“LGBTQ Southerners are adversely affected by the limitations in protections and services in health, housing, laws, spiritual resources, and education resources.

”In the 2019 mayoral race, the legal protections, health and wellness, and civic culture for LGBTQ people is vital to the future of Memphis.

“Bring your questions and concerns. Don’t miss this essential opportunity to voice the unique needs and ambitions of LGBTQ Memphians to our future mayor!”

Here is the schedule for the events so far:

Tami Sawyer
Tuesday, September 10th, 6:30 p.m. – 8 p.m.

Lemichael Wilson
Tuesday, September 12th, 6:30 p.m. – 8 p.m.

Jim Strickland
Tuesday, September 24th, 4:30 p.m.-6 p.m.
The presentation begins at 5pm.

Where: OUTMemphis, 892 S. Cooper Street.

The groups say all filed candidates running for mayor this year have been invited to speak at these events. If accepted later, additional dates will be added. Any candidate who does not appear at an event, “chose to decline our invitation.”

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Memphis Gaydar News

Groups Want Tennessee DA Disbarred on Anti-LGBTQ Stance

Tennessee gay rights groups are calling for a Tennessee District Attorney to be disbarred for saying he issues lower charges for same-sex domestic assault cases and wouldn’t prosecute Tennessee county clerks who deny marriage licenses to same-sex couples. 

Northcott

Lambda Legal, Tennessee Equality Project, and the Domestic Violence and Sexual Assault Center of Rutherford County filed a formal complaint last week against Coffee County District Attorney General Craig Northcott. The complaint was lodged with the Tennessee Board of Professional Responsibility, which oversees attorneys in the state.

The groups claimed that Northcott made public statements that he does not file domestic assault charges if the violence occurred between same-sex spouses, does not recognize “homosexual marriage,” and would not prosecute those county clerks.

“Coffee County DA Craig Northcott has denied the validity of same-sex marriages and the equal protection of the law to LGBT people,” said Ethan Rice, senior attorney for the Fair Courts Project at Lambda Legal. “Such conduct violates ethics rules protecting citizens from bias and has no place within the very office designated to enforce the law of the land.

“Keeping DA Northcott in office will have a chilling effect on the willingness of LGBT people to seek justice and protection. District Attorney Northcott’s public comments revealed not only a bias against LGBT people but that he has made discriminatory charging decisions against an entire class of people and intends to continue to do so.”
[pullquote-1] Last year, the Tennessee Bureau of Investigations (TBI) reported 1,424 cases of domestic violence in same-sex relationships, according to the groups. The TBI’s 2018 Tennessee Hate Crime Report said 21.9 percent of all hate crimes last year were motivated by sexual bias, which includes crimes against LGBT and gender non-conforming people. Tennessee is home to about 130,000 LGBT adults, according to a report from the Williams Institute, and nearly 25 percent of those are people of color.

The groups said Northcott’s comments may deter LGBT people from reporting domestic assault, hate crimes, or other violence against them and create an obstacle to accessing the criminal legal system.

“LGBTQ people experiencing domestic violence are among the most vulnerable populations in Tennessee,” said Christopher Sanders, executive director of Tennessee Equality Project and Tennessee Equality Project Foundation. “Prosecutors have a duty to treat their cases with the same gravity as all other cases. 

“Discrimination in prosecution endangers our community and erodes the public trust in the criminal justice system.

Northcott’s statements were made during March 2018 in a presentation he gave called “The Local Church’s Role in Government” at New Mexico’s Chafer Theological Seminary Bible Conference.

He said he charges defendants with simple assault when a domestic violence incident occurs within the marriage of a same-sex couple, rather than the charge of domestic assault that he files when the incident occurs in the marriage of a different-sex couple.

Simple assault is a lesser charge with reduced punishment implications. The groups argued that Northcott is stripping LGBT domestic assault victims of the protections given with the elevated charge of domestic assault.
[pullquote-2] Northcott said domestic violence charges are to recognize and protect the “sanctity of marriage” but “there’s no marriage to protect” when it comes to same-sex marriages.

“We understand ‘domestic’ is not confined to marital status and feel it is important to advocate for all victims of domestic violence, sexual assault, or stalking regardless of race, color, national origin, religion (including religious belief), sex, gender identity (including gender expression and gender identity), sexual orientation, disability, age, marital status, family or parental status, or socioeconomic status,” said Karen Lampert, executive director of the Tennessee-based Domestic Violence Program & Sexual Assault Services. “Denying, limiting, or disbelieving a victim of domestic violence, sexual assault, or stalking further empowers an abuser, increases danger of lethality, and perpetuates a societal crime that can be prevented”
[pullquote-3] Northcott also said county clerks should not “succumb” to the rule of law” when it comes to issuing same-sex marriage licenses. Instead, they should “stand on God’s truth” and he would not prosecute them for it. Further, he said he would pat the clerk on the back and give them hugs.

Read the formal complaint here.

Late last month, a group of about 300 Tennessee lawyers wrote the board asking for an investigation of Northcott on his statements. The Council on American-Islamic Relations filed another charge abasing Northcott after he said Muslims were inherently evil.

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Memphis Gaydar News

Tennessee Equality Project: Titans and Ranked Choice Voting

Want to watch a Tennessee Titans home game and support the LGBTQ community? Well, now you can.

This year, the Titans will give $10 of each ticket sold on select home games to the Tennessee Equality Project (TEP). But there is a bit of work you have to do first.

When you’re buying your tickets, visit the Titans’ fundraiser site first. Select your game (Patriots and Steelers in the pre-season!) and enter the code “TEP” at checkout.

Actor Jennifer Lawrence in a 2018 ad in support of ranked choice voting in Tennessee.

TEP will also host a discussion in Memphis about Ranked Choice Voting.

Voters approved the voting method in 2008 but it was not implemented. Voters approved the method, again, in 2018. But its implementation is stymied by state officials and a pending lawsuit. Officials don’t believe the issue will be resolved in time for the citywide elections here in October.

The TEP event will feature a ranked-choice-voting ballot demonstration from Aaron Fowles of Ranked Choice Voting Tennessee. Basically, Fowles will show attendees just how a ballot would look (and how you’d use it) if ranked choice voting were approved here.

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Opinion The Last Word

Immigration Struggles: What Gives You Hope?

CREDIT: Latino Memphis

Three weeks ago, I sat down with three inspiring folks in a panel on activism and advocacy. Chris Sanders had driven in from Nashville to represent the Tennessee Equality Project. Shahidah Jones from the Official Black Lives Matter Memphis Chapter sat to my right, and next to her was Justin Davis from the Memphis Bus Riders Union.

It felt like home, as if we were just about to have a regular conversation, the only difference being the 50 or so students sitting in rows in front of us and the fact that we were sitting next to each other instead of across a table or in a living room. Home, of course, is relative. It was not the physical elements of that space that made it home but rather the shared ánimo (energy) that I felt being in conversation with them and the students in the room, all of whom are involved in community service.

Latino Memphis

Everyone should have a reason to hope.

We covered a range of topics. Mostly, we defined activism and advocacy and were speaking on privilege, allyship, and sustainable change in order to problematize community service — because community service, particularly in higher education institutions, is often over-simplified. In other words, we are not grappling with historical and systemic conditions that create, and most importantly, sustain, inequity, but rather we engage in a short-term exchange of services through which, typically, while not intentionally, we as outsiders of xyz community are receiving greater benefits through knowledge and/or experience. All of that is to say, it was an incredible conversation that could have gone on for hours, especially given the breadth of experiences we could have pulled from through our various, intersecting backgrounds in community organizing.

One of the things that I left with that evening, that continues to linger in my mind, was this question that one of the students presented to us: What gives you hope?

I wasn’t surprised by this question. I even think that I expected it. It’s not the first time I’ve heard it asked at a panel or guest speaker event, and I would venture to say that it won’t be the last. We get asked about hope a lot. By “we,” I mean folks like the ones in the panel who are queer folks, black and brown folks, women, queer women, queer women of color, queer women of color who are immigrants, etc. The combinations of identities in just our four-person panel are probably endless if we go further into experiences shaped by race, ethnicity, gender, sex, sexual orientation, ability, and so on. But I list just a few to offer a glimpse into the intersectionality of identities that shape our experiences and thus shape the work we do in fighting against dominant systems that negate if not erase these experiences.

I think that’s why that student asked this question about hope. How do we keep pushing when there are larger structures, laws, and policies that continue to qualify structural racism and gender violence and limit our economic and physical mobility? The student didn’t add that much to the question, but that is what went on in my head and what I believe went on, if not in some form or variation, through the minds of Chris, Shahidah, and Justin.

We sat on that question for a little bit longer than the rest. The thing is, there’s no simple answer. Hope is complicated. It’s not as if we exchange our cup of coffee for a cup of hope each morning and we’re good to go. If anything, I would say that survival kicks in every hour, every day more than hope. When we lobby in Nashville, for example, it’s not because we’re passionate about politics. We understand the immediate effects that politics and policy have on the lives of people, and so we will travel miles to address immoral and unjust laws.

For the past month, both of my parents, along with about 50 volunteers in the Migration Is Beautiful group, have been getting up as early as 4 a.m. to meet refugees who have been recently released from U.S. Immigration and Customs Enforcement detention centers. Each day, they’re gathering and organizing supplies and resources for individuals, adults, families, and children who come into Memphis on Greyhound buses, many who haven’t had a real meal in days and are ill-equipped for cold temperatures. Folks in the Migration Is Beautiful group are responding to a crisis created by unstable refugee and asylum policies with no foreseeable end in sight.

While hope motivates many, the immediate response to this crisis is to offer support as much as possible for people to make it through in a healthy and safe way to the next city in their stops.

These action and response movements that exist locally, nationally, and internationally aren’t rooted as simply passions, extracurricular activities, or hobbies for people who are in some way connected to communities that consistently are under attack. This is about surviving this day in order to see the next. This is the ánimo that carries us.

Aylen Mercado is a brown, queer, Latinx chingona and Memphian pursuing an Urban Studies and Latin American and Latinx Studies degree at Rhodes College.

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News The Fly-By

Local Transgender Community Bands Together in Wake of Anti-LGBT Bills

CREDIT: Bianca Phillips

Friedrich Nietzsche (or Kelly Clarkson or Kanye West) said it best: “What doesn’t kill you makes you stronger.” As LGBT Tennesseans (and especially transgender Tennesseans) faced one of the worst years for anti-gay and anti-trans legislation, the local trans community has begun to band together.

Last week, the Memphis Gay and Lesbian Community Center (MGLCC) hosted the first meeting of the center’s new transgender committee, which was immediately followed by a transgender flag-raising ceremony.

The trans flag consists of five horizontal stripes — two in light blue, two in pink, and a white strip across the center.

“We had a transgender flag here before, but it was much smaller than the rainbow flag, and it was in rags and tatters,” said Kayla Gore, the transgender service specialist at MGLCC. “We wanted to make sure the trans community felt welcome here. Now, from down the street, you can see our flag and know that you’re welcome here.”

Bianca Phillips

The MGLCC raised a larger transgender flag last week.

Gore said MGLCC is starting a new support group for transgender men, who were previously lacking their own group, on Friday, April 29th. And she said the center formed its new transgender committee to help the community stay informed about future statewide political threats or local issues.

“It’s good to have organization when there’s so much stuff going on. If we’re not organized, we’re not going to be prepared for what’s coming,” Gore said.

The “stuff going on” that Gore is referring to includes a number of anti-LGBT bills that were considered (and passed) in the now-adjourned General Assembly this past session. A bill that would have banned transgender students at public schools and universities from using the restroom that corresponds with their gender identity was pulled by its sponsor, Rep. Susan Lynn, at the last minute.

But another bill, which has come to be known as Hate Bill 1840 by its opponents, that passed has potential to negatively impact the LGBT community in Tennessee. Governor Bill Haslam signed the bill into law on Tuesday, and it allows counselors to deny service to any client who conflicts with the counselor’s “sincerely held beliefs.”

The bill could have far-reaching impact, but Tennessee Equality Project (TEP) Executive Director Chris Sanders said the LGBT community is intended as the primary target.

“Conceivably, sexism and racism are sincerely held principles, too. At this point, it’s so wide open, it’s ridiculous, and it defeats the purpose of having a counseling code of ethics,” Sanders said.

According to Sanders, the LGBT community in Tennessee has “never had a year like this” in regard to anti-LGBT legislation and says that’s likely due to backlash from the U.S. Supreme Court decision last year legalizing same-sex marriage. Earlier this year, the Tennessee House passed an anti-same-sex marriage resolution condemning the Supreme Court decision.

Sanders said he’s expecting the transgender bathroom bill to be back next session, and TEP is working to strengthen ties with religious organizations that may help them fight such bills in the future.

“We want to engage members of conservative denominations who are tired of religion being used for discrimination,” Sanders said.

Next time around, TEP may have some help from a new political coalition that’s forming in Memphis. The West Tennessee Transgender Political Coalition (TTPC) has started a Facebook page and plans to hold its first meeting soon.

“We’ll meet once a month to update everyone on political news, and we’ll be looking at local trans issues or school issues. We want to get people together to stand against any anti-trans legislation that comes up,” said Victoria Hester, the assistant coordinator for the coalition.

The local coalition is affiliated with the statewide TTPC, which also has factions in East and Middle Tennessee. An older version of the West Tennessee group disbanded years ago.

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Memphis Gaydar News

Tennessee House To Take Up Anti-Same-Sex Marriage Bill

Senator Mae Beavers is one of the lawmakers defying the U.S. Supreme Court’s legalization of same-sex marriage.

On Wednesday, the state House of Representatives Civil Justice subcommittee will take up a bill that asserts that marriage should only be defined as being between one man and one woman “regardless of any court decision to the contrary.”

The Tennessee Natural Marriage Defense Act, HB1412, states that “any court decision purporting to strike down natural marriage, including Obergefell v. Hodges, is unauthoritative, void, and of no effect.” Obergefell v. Hodges is the landmark U.S. Supreme Court decision last summer that made same-sex marriage legal across the country, including in Tennessee. The bill was filed by Rep. Mark Pody (R-Lebanon) and Sen. Mae Beavers (R-Mt. Juliet).

If passed, the act would defend any state or local government official in Tennessee from any lawsuit if that official refused to recognize the Supreme Court’s ruling in favor of same-sex marriage. In other words, if Kentucky court clerk Kim Davis, who was jailed for refusing to issue marriage licenses to same-sex couples, lived in Tennessee, she’d be protected under this act.

The Tennessean reported this weekend that this act could cost the state $8.5 billion since going against a Supreme Court order could cause the federal government to pull $6.5 billion in TennCare funding and $2 billion in Supplemental Nutrition Assistance Program (i.e. food stamps) funding.

The text of the Tennessee Natural Marriage Defense Act is long and filled with conservative opinions on same-sex marriage the Supreme Court decision. Here’s a little sample:

WHEREAS, The Constitution of Tennessee, Article XI, § 18, states the following: The historical institution and legal contract solemnizing the relationship of one man and one woman shall be the only legally recognized marital contract in this state. Any policy or law or judicial interpretation, purporting to define marriage as anything other than the historical institution and legal contract between one man and one woman, is contrary to the public policy of this state and shall be void and unenforceable in Tennessee. If another state or foreign jurisdiction issues a license for persons to marry and if such marriage is prohibited in this state by the provisions of this section, then the marriage shall be void and unenforceable in this state; and

WHEREAS, in Obergefell v. Hodges, No. 14-556, 2015 WL 2473451 (June 26, 2015), five justices of the United States Supreme Court issued a lawless opinion with no basis in American law or history, purporting to overturn natural marriage and find a “right” to same-sex “marriage” in the United States Constitution and the fourteenth amendment; and

WHEREAS, the Obergefell opinion is “an act of will, not legal judgment,” and the “right it announces has no basis in the Constitution or th[e] Court’s precedent;” Id. at *24 (Roberts, C.J., dissenting); and

WHEREAS, the Obergefell opinion is “the furthest extension in fact—and the furthest extension one can even imagine—”of the United States Supreme Court’s “claimed power to create ‘liberties’ that the Constitution and its Amendments neglect to mention;” Id. at *42 (Scalia, J., dissenting); and 

WHEREAS, the Obergefell opinion is “an opinion lacking even a thin veneer of law,” Id. at *43 (Scalia, J., dissenting); and

WHEREAS, the Obergefell opinion “is a naked judicial claim to legislative—indeed, super-legislative—power; a claim fundamentally at odds with our system of government;” Id. at *43 (Scalia, J., dissenting)

The Flyer interviewed the Tennessee Equality Project’s Executive Director Chris Sanders about this bill for our year-end cover feature. Here’s what Sanders had to say about the bill: “The federal government doesn’t preempt the action of legislatures. In other words, if the federal government gets wind of an unconstitutional bill being filed, they don’t send a note to the legislature saying, by the way, you can’t do that. What happens is the legislature passes its law, and it goes into effect. It harms someone, and then someone has the basis to sue the state. If passed, it could temporarily interrupt marriage equality.”

If passed, Sanders believes the bill would eventually be struck down, once lawsuits make their way to the Supreme Court.

“I think they’ll lose at every turn. That’s why we all pray for [Supreme Court Justice] Ruth Bader Ginsberg every night,” Sanders said.

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Memphis Gaydar News

Lakeland Commissioner Makes Anti-Gay Remarks on Facebook

Clark Plunk

Lakeland City Commissioner Clark Plunk made a number of anti-gay remarks in a Facebook thread about a gay student from Christian Brothers High School who wasn’t allowed to take his male date to last weekend’s homecoming dance.

Plunk’s comments, which included a statement calling gays “vicious spiteful people,” were made in response to a post about Lance Sanderson, the CBHS senior who asked if he could bring his date to the dance. CBHS changed their policy after Sanderson’s request was turned down by an administrator. The homecoming dance policy stated “CBHS students may attend the dance by themselves, with other CBHS students, or with a girl from another school. For logistical reasons, boys from other schools may not attend.”

That dance was Saturday, and Sanderson did not attend. On Monday, when he came to class, he was asked to leave for the week. An administrator told him “had 890 other students to worry about and could not deal with me,” Sanderson told the Flyer on Monday afternoon.

Here are screenshots of Plunk’s comments.

The Tennessee Equality Project issued a statement responding to Plunk’s comments: “Elected officials are meant to serve all their constituents. These kind of disparaging remarks are improper for an office-holder, especially for an official totally removed from the reach of this controversy.”

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Memphis Gaydar News

TEP Ice Cream Social

Sunday is National Ice Cream Day. And rather than gorging on Ben & Jerry’s alone (while catching up on episodes of Orange Is the New Black), get out and eat ice cream with others.

The Tennessee Equality Project (TEP) is hosting its annual Ice Cream Social on Sunday, July 19th from 2 to 4 p.m. at Neshoba Church. The family-friendly event is doubling as TEP’s 11th anniversary party. There will be all-you-can-eat ice cream, toppings, and sundae treats.

Plus, Magic Mr. Nick will provide face-painting, magic, and balloons for the kids.

The suggested donation is $10 per person or $25 per family.

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Memphis Gaydar News

Couples Tie the Knot at Tennessee Equality Project Marriage Celebration

“It’s my pleasure to introduce you to Mrs. and Mrs. Wallheimer,” said attorney (and former Shelby County Commissioner) Steve Mulroy, as a couple hundred people gathered on the lawn of the Memphis Gay & Lesbian Community Center (MGLCC) Friday afternoon cheered and clapped. Mulroy was referring to Jennifer and Alisha Wallheimer (formerly Jennifer Ballheimer and Alisha Wall), who married today on the front porch of the MGLCC.

Steve Mulroy performs a marriage for Jennifer and Alisha Wallheimer.

Mulroy was one of several volunteers with marriage-ordaining powers at the MGLCC’s celebration of the U.S. Supreme Court’s 5-4 decision in favor of same-sex marriage in all 50 states. He and others married two other couples on-site in front of the gathered crowd. Before the ceremony, ministers roamed the crowd looking for anyone ready to marry.

“We actually had more ministers come out to perform weddings than we had people looking to get married,” said Tennessee Equality Project (TEP) Shelby County Committee Chair Justin Smith.

Shelby County Commissioner Reginald Milton spoke at the event. He told a story about having to go to a segregated medical clinic when he was a kid followed by the words “An injustice to anyone is an injustice to all.”

“I was too young to know the Civil Rights Movement, but I am honored to be here today as we stand for justice for every human being in this country,” Milton said.

While the event was celebratory, TEP President and Chair Ginger Leonard cautioned that, once the celebrations were over, the community still had lots of work ahead.

“Just because we can get married doesn’t mean we are no longer going to be discriminated against in housing, jobs, getting loans from banks, or in other areas,” Leonard said.

She said TEP will begin to shift its focus on non-discrimination ordinances with specific language addressing sexual orientation and gender identity, anti-bullying legislation, housing for LGBT homeless youth, and LGBT senior care.

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