LGBTQ rights in Tennessee

The Tennessee Court of Appeals ruled unanimously that the state's sodomy statute was unconstitutional in 1996 in the case of Campbell v. Sundquist.{{cite web |website=American Psychological Association |url=http://www.apa.org/about/offices/ogc/amicus/campbell/index.aspx |title=Campbell v. Sundquist 926 S.W.2d 255 |access-date=September 28, 2021}}

In November 2023, the city of Murfreesboro within Rutherford County, Tennessee formally removed "homosexuality" from its local ordinance that criminalizes it{{Cite web |last=Browning |first=Bil |date=2023-11-21 |title=Tennessee town decriminalizes public homosexuality |url=https://www.lgbtqnation.com/2023/11/tennessee-town-decriminalizes-public-homosexuality/ |access-date=2024-02-02 |website=LGBTQ Nation}}{{Cite web |last=Hamblin |first=Brianna |date=2023-11-18 |title=City of Murfreesboro amends ordinance banning public homosexuality |url=https://www.newschannel5.com/news/city-of-murfreesboro-amends-ordinance-banning-public-homosexuality |access-date=2024-02-02 |website=News Channel 5 Nashville |language=en}} after being ordered to do so by U.S. District Judge Waverly D. Crenshaw on October 20, 2023.{{Cite web |last=Broden |first=Scott |date=2023-11-16 |title='Homosexuality' is now legal in Murfreesboro, city leaders decide in response to lawsuit |url=https://eu.dnj.com/story/news/2023/11/16/boropride-aclu-wins-effort-remove-homosexuality-murfreesboro-city-code/71607166007/ |url-access=subscription |url-status=live |archive-url=http://web.archive.org/web/20231116234301/https://eu.dnj.com/story/news/2023/11/16/boropride-aclu-wins-effort-remove-homosexuality-murfreesboro-city-code/71607166007/ |archive-date=2023-11-16 |access-date=2024-02-02 |website=The Daily News Journal}} The ruling stated that the city "shall not" enforce any code that uses the term "homosexuality" in the definition of "sexual conduct". The Tennessee Equality Project had an ongoing suit in the matter,{{Cite web |title=Tennessee Equality Project Foundation, Inc. v. The City of Murfreesboro, Tennessee et al |url=https://dockets.justia.com/docket/tennessee/tnmdce/3:2023cv01044/96522 |access-date=2024-02-02 |website=Justia Dockets & Filings |language=en}} which has since settled.{{cite news |last=Yingling |first=Madeline |date=2024-02-09 |title=Tennessee city must pay $500K in settlement with ACLU over drag ban |url=https://www.jurist.org/news/2024/02/tennessee-city-must-pay-500k-in-settlement-with-aclu-over-drag-ban/ |work=The Jurist |access-date=2024-03-16}} (See Drag Performances § City of Murfreesboro for more information.)

{{Main|Same-sex marriage in Tennessee}}

Prior to the Obergefell v. Hodges ruling by the U.S. Supreme Court, Tennessee recognized neither same-sex marriages nor any other form of same sex-unions. The state banned same-sex marriage both by statute and by constitutional amendment.

In March 2023, the state house passed HB 878 to allow government employees to refuse to solemnize a marriage that went against their personal beliefs.{{cite web |date=2023-03-15 |title=TN bill that allows government employees to refuse solemnizing marriages passes House, deferred in Senate committee |url=https://www.wbir.com/amp/article/news/state/tennessee-bill-to-allow-clerks-not-to-solemnize-some-marriages/51-bd8d46ff-8e23-4001-b8b9-d5f1f0be1f65 |access-date=2023-07-23 |website=WBIR-TV}} On February 21, 2024, the Governor signed into law the one page bill.{{Cite web |last=Lavietes |first=Matt |date=2024-02-22 |title=New Tennessee law allows officials to refuse to perform same-sex marriages |url=https://www.nbcnews.com/nbc-out/out-politics-and-policy/new-tennessee-law-allows-officials-refuse-perform-sex-marriages-rcna140011 |access-date=2024-05-01 |website=NBC News |language=en}}{{Cite web |last=Ferlita |first=Gabriella |date=2024-02-29 |title=Tennessee overturns equal right to marriage, sparking concern for gay couples |url=https://www.thepinknews.com/2024/02/29/tennessee-gay-marriage-license/ |access-date=2024-05-01 |website=PinkNews |language=en-US}}

{{main|House Bill 1111 (110th General Assembly of the Tennessee General Assembly)}}

File:Tennessee counties and cities with domestic partnerships.svg either county-wide or in particular cities.

{{legend|#28db24|City offers domestic partner benefits}}

{{legend|#dfffa5|County-wide partner benefits through domestic partnership}}

{{legend|#d0d0d0|County or city does not offer domestic partner benefits}}]]

The cities of Collegedale{{cite news |last=Birch |first=Joe |date=Aug 6, 2013 |title=Collegedale first TN city to offer benefits to same-sex domestic partners |work=WMC-TV |editor-last=Blow |editor-first=Ashli |url=http://www.wmctv.com/story/23064677/collegedale-first-tn-city-to-offer-benefits-to-same-sex-domestic-partners |url-status=dead |access-date=October 22, 2013 |archive-url=https://web.archive.org/web/20131023072253/http://www.wmctv.com/story/23064677/collegedale-first-tn-city-to-offer-benefits-to-same-sex-domestic-partners |archive-date=October 23, 2013}} and Knoxville{{cite news |last=Wigdahl |first=Heidi |date=October 17, 2013 |title=Knoxville expanding employee benefits to same-sex, domestic partners |publisher=WBIR |url=http://www.wbir.com/story/news/local/north-knoxville/2013/10/16/city-of-knoxville-to-offer-benefits-to-same-sex-couples/2995395/ |url-status=dead |access-date=October 22, 2013 |archive-url=https://archive.today/20131020003939/http://www.wbir.com/story/news/local/north-knoxville/2013/10/16/city-of-knoxville-to-offer-benefits-to-same-sex-couples/2995395/ |archive-date=October 20, 2013}} together with the Metropolitan Area of Nashville and Davidson County{{Cite web |last=Cass |first=Michael |date=2014-06-17 |title=Metro Council approves domestic partner benefits |url=https://www.tennessean.com/story/news/politics/2014/06/17/metro-council-approves-domestic-partner-benefits/10714833/ |url-access=limited |access-date=2023-07-23 |website=The Tennessean}}{{Cite web |date=2014-06-25 |title=Nashville | Mayor Signs Domestic Partner Benefits Into Law |url=https://www.nashville.gov/News-Media/News-Article/ID/2982/Mayor-Signs-Domestic-Partner-Benefits-Into-Law.aspx |url-status=dead |archive-url=https://web.archive.org/web/20140811143506/https://www.nashville.gov/News-Media/News-Article/ID/2982/Mayor-Signs-Domestic-Partner-Benefits-Into-Law.aspx |archive-date=2014-08-11 |access-date=2023-07-23 |website=www.nashville.gov}} have enacted domestic partnership benefits for same-sex couples. The Chattanooga City Council voted to allow domestic partnerships in 2013, but this was repealed by voters in August 2014.{{Cite news |last=Brogdon |first=Louie |date=2015-07-21 |title=Chattanooga City Council passes much-debated anti-discrimination ordinance |work=Chattanooga Times Free Press |url=https://www.timesfreepress.com/news/2015/jul/21/chattanooga-city-council-passes-much-debated-anti-/ |access-date=2023-07-23}} However, same-sex marriages have been available throughout Tennessee since the June 2015 Supreme Court ruling overturning same-sex marriage bans nationwide.

Tennessee allows single persons to adopt children. Same-sex couples may legally adopt in the state. In 2007, the Tennessee Attorney General released an opinion that no state law prohibited adoption by same-sex couples and that such adoptions could be made if in the child's best interest.{{cite web |url=http://www.hrc.org/1778.htm |title=Tennessee Adoption Law |website=Human Rights Campaign |date=December 14, 2009 |archive-url=https://web.archive.org/web/20110607170924/http://www.hrc.org/1778.htm |archive-date=June 7, 2011}}

In January 2020, the Tennessee General Assembly, returning for its first session of the year, immediately passed a bill to allow adoption and welfare agencies to reject LGBTQ parents if the agency cited its “sincerely held religious beliefs." The exemption would protect the agencies from liability and lawsuits. 13 other US jurisdictions have similar laws.{{Cite news |last=Wadhwani |first=Anita |date=2024-04-24 |title=Tenn. passes law giving legal rights to anti-LGBTQ parents to foster, adopt LGBTQ kids |url=https://tennesseelookout.com/2024/04/24/in-the-childs-best-interest/ |access-date=2024-05-01 |newspaper=Tennessee Lookout |language=en-US}} Governor Bill Lee signed the bill into law, and it took effect immediately.{{Cite web|author=Theresa Waldrop|title=Tennessee governor signs bill allowing adoption agencies to reject LGBTQ applicants|url=https://www.cnn.com/2020/01/24/politics/tennessee-governor-adoption-foster-care-bill/index.html|access-date=2021-05-31|website=CNN|date=25 January 2020 }}{{Cite web |date=2020-01-15 |title=Tennessee governor says he will sign anti-gay adoption bill |url=https://www.nbcnews.com/feature/nbc-out/tennessee-governor-says-he-will-sign-anti-gay-adoption-bill-n1116266 |access-date=2023-07-23 |website=NBC News |language=en |agency=Associated Press}}

In April 2024, Governor Lee signed the Tennessee Foster and Adoptive Parent Protection Act allowing individuals who do not support LGBTQ rights to adopt or foster LGBTQ children within the Tennessee foster care system, eliminating a 10-year policy that protected the "dignity and respect" of all children in DCS custody. Opponents have stated that the bill is in violation of a federal rule enacted in 2023,{{Federal Register|88|66769}} pointing out that the language of the bill doesn't allow for the child to express their preference.{{Cite web |last=Wadhwani |first=Anita |date=2024-03-22 |title=Senate approves bill establishing a right to foster, adopt by anti-LGBTQ parents in Tennessee |url=https://tennesseelookout.com/2024/03/22/senate-approves-bill-establishing-a-right-to-foster-adopt-by-anti-lgbtq-parents-in-tennessee/ |access-date=2024-05-01 |website=Tennessee Lookout |language=en-US}} Under the Act, LGBTQ children could potentially be placed with individuals wanting to subject them to conversion therapy. Before its passage, Aftyn Behn called the bill discriminatory and stated that its very name implied the parents need protection from the children they've agreed to foster.{{Cite web |last=Kruesi |first=Kimberlee |last2=Bedayn |first2=Jesse |date=2024-04-04 |title=LGBTQ+ foster youths could expect different experiences as Tennessee and Colorado pass opposing laws |url=https://apnews.com/article/lgbtq-foster-children-colorado-tennessee-c7a54baf5f576244ea1a22001136d9ff |access-date=2024-05-01 |website=AP News |language=en}}

{{Further|LGBT employment discrimination in the United States}}

[[File:Tennessee counties and cities with sexual orientation and gender identity protection.svg|thumb|right|300px|Map of Tennessee counties and cities that have sexual orientation and/or gender identity anti–employment discrimination ordinances circa 2016

{{legend|#ff00ff|Sexual orientation and gender identity solely in public employment}}

{{legend|#00ffff|Sexual orientation in public employment}}

{{legend|#d0d0d0|Does not protect sexual orientation and gender identity in employment}}]]

Tennessee law does not prohibit discrimination of the basis of sexual orientation and gender identity.{{cite web |url=http://www.tn.gov/sos/acts/107/pub/pc0278.pdf |title=Public Chapter No. 278 |date=2011 |publisher=State of Tennessee |access-date=September 28, 2021 |archive-url=https://web.archive.org/web/20110711183614/http://www.tn.gov/sos/acts/107/pub/pc0278.pdf |archive-date=July 11, 2011}} Since 2020, the federal protections stemming from the Supreme Court's rulings in Bostock v. Clayton County and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission have been available in Tennessee.

This was followed in January 2021 by executive orders from the Biden administration, enabling sanctions against schools and colleges that did not follow the directives of the Equal Employment Opportunity Commission or Department of Education on the protection of gay, lesbian and transgender students. Allowed actions against non-complying schools included legal action, civil penalties and withholding of federal funding. Twenty state-attorneys general joined a suit against enforcement of the executive order and on July 15, 2022, a federal judge of the Eastern District of Tennessee issued a preliminary injunction, temporarily preventing the two agencies from enforcing their directives under the presidential order. The federal discrimination protections still apply in all twenty states, only the specific enforcements outlined in the executive order are temporarily blocked, pending continuing legal proceedings.{{cite news |last1=Satterfield |first1=Jamie |title=Tennessee Federal Judge Blocks Biden Administration LGBTQ Protections |url=https://www.yahoo.com/news/tennessee-federal-judge-blocks-biden-170100062.html |access-date=19 July 2022 |work=news.yahoo.com |date=19 July 2022}}{{multiref2

|1={{cite news |last1=Soellner |first1=Mica |title=Trump-appointed judge blocks Biden administration's Title IX protections for transgender students |url=https://www.washingtontimes.com/news/2022/jul/16/trump-appointed-judge-blocks-biden-administrations/ |access-date=19 July 2022 |work=The Washington Times |date=16 July 2022}}

|2={{cite news |last1=Cole |first1=Devan |title=Federal judge temporarily blocks Biden administration from protecting transgender students and employees in 20 states |url=https://edition.cnn.com/2022/07/17/politics/biden-administration-transgender-protections-lawsuit-tennessee/index.html |access-date=19 July 2022 |work=CNN |date=17 July 2022}}

|3={{cite news |last1=Gillispie |first1=Mark |title=Judge Blocks LGBTQ+ Protections |url=https://www.eagletimes.com/judge-blocks-lgbtq-protections/article_b6af7a2d-755d-5a34-a829-7870140bac14.html |work=The Eagle Times |agency=Associated Press |date=18 July 2022 |language=en}}

}}

The cities of Knoxville,{{cite news |url=https://archive.knoxnews.com/news/local/knoxville-city-council-passes-anti-discrimination-ordinance-ep-360865045-357040191.html/ |title=Knoxville City Council passes anti-discrimination ordinance |first=Gerald |last=Witt |newspaper=Knoxville News Sentinel |date=May 1, 2012 |access-date=September 28, 2021}} Memphis,{{cite news |date=2012-10-18 |title=Memphis includes gays under anti-discrimination |website=OutSmart |agency=Associated Press |url=http://www.outsmartmagazine.com/2012/10/memphis-includes-gays-under-anti-discrimination/ |access-date=2023-07-23 |quote=The Memphis City Council has included sexual orientation and gender identity in an ordinance that bans discrimination in city hiring.}} Franklin, Chattanooga{{Cite news |url=https://www.timesfreepress.com/news/breakingnews/story/2015/jul/21/chattanooga-city-council-passes-much-debated-anti-discrimination-ordinance/315776/ |title=Chattanooga City Council passes much-debated anti-discrimination ordinance |last=Brogdon |first=Louie |date=July 21, 2015 |website=Chattanooga Times Free Press |access-date=September 28, 2021}} and the Metropolitan Area of Nashville and Davidson County{{cite web |url=https://www.nashville.gov/departments/government/non-discrimination |title=Statement of Non-Discrimination |publisher=Nashville.gov |access-date=September 29, 2021}} have ordinances prohibiting discrimination in public employment on the basis of sexual orientation and gender identity, but these ordinances do not apply to private employers.{{cite news |url=https://www.nashvillescene.com/news/by-giving-his-approval-to-the-noxious-hb600-gov-bill-haslam-sells-out-tennessee-to/article_960ceaff-6499-5af4-95dd-3498d487b654.html |title=By giving his approval to the noxious HB600, Gov. Bill Haslam sells out Tennessee to a far-right agenda |first=Jim |last=Ridley |newspaper=Nashville Scene |date=May 26, 2011 |access-date=September 28, 2021}} The Equal Access to Interstate Commerce Act blocks this from being enforced.

This "local preemption" bill would prevent government agencies from examining a business's anti-discrimination policies when deciding whether to hire that business for a taxpayer-funded contract. A scheduled vote in the Tennessee House was rescheduled from March 14, 2019, to March 21.{{Cite web |year=2019 |title=111th Tennessee General Assembly: HB0563 |url=https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB0563&GA=111 |access-date=2021-09-28 |website=Tennessee General Assembly}}

{{main|Equal Access to Intrastate Commerce Act}}

{{main|Senate Bill 1556 (109th General Assembly of the Tennessee General Assembly)}}

{{Main|R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission}}

On March 7, 2018, the United States Court of Appeals for the Sixth Circuit (covering Kentucky, Michigan, Ohio and Tennessee) ruled that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination against transgender people under the category of sex. It also ruled that employers may not use the Religious Freedom Restoration Act to justify discrimination against LGBTQ people. Aimee Stephens, a transgender woman, began working for a funeral home and presented as male. In 2013, she told her boss that she was transgender and planned to transition. She was promptly fired by her boss who said that "gender transition violat[es] God's commands because a person's sex is an immutable God-given fit."{{cite magazine |url=https://slate.com/news-and-politics/2018/03/sixth-circuit-rules-businesses-cant-fire-transgender-employees-for-religious-reasons.html |title=Businesses Can't Fire Trans Employees for Religious Reasons, Federal Appeals Court Rules in Landmark Decision |magazine=Slate |date=March 7, 2018 | author-link = Mark Joseph Stern | last = Stern | first=Mark Joseph |access-date=September 28, 2021}} With this decision, discrimination in the workplace based on gender identity is now banned in Tennessee.

An appeal to the case was heard by the Supreme Court, argued on October 7, 2019, term under R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission. It was assigned docket number 17-1618, and decided on June 14, 2020. The finding was that employers firing individuals merely for being LGBTQ+ violate Title VII of the Civil Rights Act of 1964 in so doing.{{Cite web |title=Bostock v. Clayton County, 590 U.S. ___ (2020) |url=https://supreme.justia.com/cases/federal/us/590/17-1618/ |access-date=2023-07-27 |website=Justia Law |language=en}}{{Cite news |last=Liptak |first=Adam |date=2020-06-15 |title=Civil Rights Law Protects Gay and Transgender Workers, Supreme Court Rules |language=en-US |work=The New York Times |url=https://www.nytimes.com/2020/06/15/us/gay-transgender-workers-supreme-court.html |url-access=subscription |access-date=2023-07-27 |issn=0362-4331}} The case was decided 6 to 3.

On July 26, 2022, Brandon J. Smith, Chief of Staff for then Tennessee Attorney General Herbert H Slatery III, signed a court filing of a lawsuit wherein the states of Tennessee, Indiana, Alabama, Alaska, Arizona, Arkansas, Georgia, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Utah, Virginia, and West Virginia all sued the US federal government, specifically the US Department of Agriculture; Cindy Long, the Administrator of Food and Nutrition Service at the USDA; and Roberto Contreras, the Director of Food and Nutrition Service Civil Rights Division at the USDA.{{Cite web |last=Smith |first=Brandon J |date=26 July 2022 |title=Case 3:22-cv-00257 Document 1 |url=https://www.tn.gov/content/dam/tn/attorneygeneral/documents/pr/2022/pr22-24-complaint.pdf |access-date=2023-07-26 |website=tn.gov}} At issue was Executive Order 13988, signed January 20, 2021. The order prevented discrimination on the basis of sexual orientation or gender identity, a blanket directive to comply with the Bostock SCOTUS decision.{{Cite web |last= |first= |author-link=White House |date=2021-01-21 |title=Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation |url=https://bidenwhitehouse.archives.gov/briefing-room/presidential-actions/2021/01/20/executive-order-preventing-and-combating-discrimination-on-basis-of-gender-identity-or-sexual-orientation/ |access-date=2023-07-27 |website=The White House |language=en-US}}

Pursuant to that executive order, the USDA issued a policy update on May 5, 2022. Memo CRD 01-2022 set forth policies to make certain that no discrimination on the basis of sexual orientation or gender identity takes place when states process applications for SNAP benefits.{{Cite web |last=Contreras |first=Roberto |date=2022-05-05 |title=Application of Bostock v. Clayton County to Program Discrimination Complaint Processing – Policy Update {{!}} Food and Nutrition Service. Memo CRD 01-2022 |url=https://www.fns.usda.gov/cr/crd-01-2022 |access-date=2023-07-27 |website=www.fns.usda.gov}}

The above named states sued the USDA claiming that implementing the nondiscrimination policy would put an undue burden on the states, specifically relying on the requirements of the Administrative Procedures Act and the fact that the states were not given opportunity to comment prior to the USDA policy memo being implemented.{{Cite news |last=Storey |first=Ty |date=2022-07-26 |title=Alabama, Mississippi, 20 other states file lawsuit aimed at new SNAP, Title IX guidelines |work=ABC 11 Meridian |url=https://www.wtok.com/2022/07/26/alabama-mississippi-20-other-states-file-lawsuit-aimed-new-snap-title-ix-guidelines/ |access-date=2023-07-26}} It also argued that the USDA was trying to circumvent Congress and write law.{{Cite news |last=Winslow |first=Ben |date=2022-06-28 |title=Utah joins lawsuit over anti-discrimination measures in school meal programs |work=Fox13 Now Salt Lake City |url=https://www.fox13now.com/news/local-news/utah-joins-lawsuit-over-anti-discrimination-measures-in-school-meal-programs |access-date=2023-07-27}}

U.S. District Judge Travis R. McDonough decided the case on March 29, 2023, ruling that the plaintiff states were exaggerating the issues at hand. The ruling states, "Does a regulation interpreting [7 U.S.C. § 2011, et seq., and 20 U.S.C. § 1681, et seq.] to prohibit such food assistance discrimination upend everything from free speech and religious freedom to living facilities and sports teams? Plaintiff States insist they do, but the Court disagrees."{{Cite web |last=McDonough |first=Judge Travis R. |date=2023-03-29 |title=Order on Motion to Dismiss for Failure to State a Claim AND Order on Motion for Preliminary Injunction AND Order on Motion to Dismiss/Lack of Jurisdiction {{!}} Tennessee v. U.S. Department of Agriculture E.D. Tenn {{!}} Civil Rights Litigation Clearinghouse |url=https://clearinghouse.net/doc/137332/ |access-date=2023-07-27 |website=clearinghouse.net}} He went on to grant the USDA's motion to dismiss the case, at one point saying, “This case is about food stamps and nutrition education, not bathrooms, sports teams, free speech, or religious exercise,” and continuing, "Plaintiff States’ insistence to the contrary is no more than an invitation to join a political discussion untethered to applicable statutes and precedent.”{{Cite news |last=Larson |first=Erik |date=2023-03-29 |title=LGBTQ food stamp lawsuit by GOP states dismissed |work=Bloomberg News |url=https://thebrunswicknews.com/sports/national_sports/lgbtq-food-stamp-lawsuit-by-gop-states-dismissed/article_e3e022aa-b297-50ed-b94e-52d954502626.html |access-date=2023-07-27 |via=The Brunswick News}}

As of March 2023, current Tennessee AG Jonathan Skrmetti's office is considering an appeal. On April 18, 2023, a motion was filed for Attorney General Eric Hamilton to appear pro hac vice. The motion was granted.{{Cite web |title=State of Tennessee v. U.S. Department of Agriculture, 3:22-cv-00257 - CourtListener.com |url=https://www.courtlistener.com/docket/64433321/state-of-tennessee-v-us-department-of-agriculture/ |access-date=2023-07-27 |website=CourtListener |language=en-us}}

Tennessee law has punished hate crime on the basis of sexual orientation since 2001. The law does not explicitly include gender identity, though it is covered by federal law.{{cite web |url=https://www.hrc.org/in-your-area/tennessee |title=Tennessee |website=Human Rights Campaign |access-date=September 28, 2021}} Tennessee Attorney General Herbert H. Slatery stated in February 2019 that hate crime laws implicitly cover gender identity, because gender or sex is explicitly covered in Tennessee hate crime legislation - a legal first for a southern US state.{{Cite web |last=Burkholder |first=Katie |date=February 21, 2019 |title=Tennessee Becomes First Southern State With Hate Crime Protections for Trans People |url=https://thegavoice.com/news/tennessee-becomes-first-southern-state-to-protect-trans-people-from-hate-crimes/ |access-date=September 28, 2021 |website=The GA Voice}}

The opinion was issued in response to a query by Representative Mike Stewart (D-Nashville), who asked, "If a defendant selects the person against whom he commits a crime because the person is transgender, may a court enhance the defendant’s sentence under § 40-35-114(17)?"{{Cite web |last=Slatery, III |first=Herbert H. |date=2019-02-08 |title=Opinion No. 19-01: Sentence Enhancement for Hate Crimes Against Transgender Individuals |url=https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2019/op19-01.pdf |access-date=2023-07-27 |website=TN.gov}} The question was raised in response to state Senator Sara Kyle filing a bill in the Tennessee Senate in 2018 to explicitly add gender identity to the hate crime statute. After the opinion, Stewart told reporters, "Let's see how the courts actually utilize the law in practice and let's see how much protection it provides."{{Cite news |last=Allison |first=Natalie |date=2019-02-14 |title=Tennessee becomes first state in the South with hate crime law protecting transgender people |work=The Tennessean |url=https://www.tennessean.com/story/news/politics/2019/02/14/tennessee-transgender-lgbt-hate-crime-protection/2869223002/ |url-access=limited |access-date=2023-07-27}}

AG Slatery's formal opinion stated that a crime committed against someone because they are transgender is covered under the queried statute, as, "a crime committed against a person because that person manifests a gender that is different than his or her biological gender at birth—i.e. a crime committed against a person because he or she is transgender—is thus necessarily committed because of, at least in part, the person’s gender."{{Cite news |date=2019-02-15 |title=Tenn. AG: Sentencing law applies to transgender hate crimes |work=News Channel 11, Johnson City |url=https://www.wjhl.com/news/politics/tenn-ag-sentencing-law-applies-to-transgender-hate-crimes/ |access-date=2023-07-27}}{{Cite web |title=Slatery: Transgender Individuals Covered Under Hate Crime Law - TBA Law Blog |url=https://www.tba.org/index.cfm?pg=LawBlog&blAction=showEntry&blogEntry=33606 |access-date=2023-07-27 |website=Tennessee Bar Association}}

The Tennessee Bureau of Investigation's hate crime statistics report from 2019 through 2021 records 0 incidents against transgender persons in 2019, 1 in 2020, and 2 in 2021.{{Cite web |date=2022-08-22 |title=Tennessee Bureau of Investigation 2021 Hate Crime Annual Report |url=https://www.tn.gov/content/dam/tn/tbi/documents/2021%20Hate%20Crime%20FINAL%20SECURED.pdf |access-date=2023-07-27}} The numbers might be underreported, however, as the DOJ records at least 1 crime committed against a Tennessean as a result of their gender identity in 2019.{{Cite web |year=2019 |title=Hate Crimes Fact Sheet {{!}} Department of Justice - Tennessee Hate Crimes Incidents in 2019 |url=https://www.justice.gov/file/1412196 |access-date=2023-07-27 |website=www.justice.gov}} It is also possible that intersecting regulations cause crimes that would qualify as hate crimes to not be investigated as such.{{Cite news |last=Krause |first=Carolyn |date=2023-05-05 |title=Why hate speech can't always be prosecuted as a hate crime |work=The Oak Ridger |url=https://www.oakridger.com/story/news/local/2023/05/05/why-hate-speech-cant-always-be-prosecuted-as-a-hate-crime/70183903007/ |access-date=2023-07-27}}

{{Further|Vital Records Act of 1977}}

In 1977, the Tennessee state legislature prohibited the state from altering the sex on a birth certificate. According to the Tenn. Code Ann. § 68-3-203(d): “The sex of an individual shall not be changed on the original certificate of birth as a result of sex change surgery."{{Cite web|title=Tennessee|url=https://transequality.org/documents/state/tennessee|website=National Center for Transgender Equality|language=en|access-date=2020-05-29}}{{Cite web|title=Trans plaintiffs sue Tennessee to change birth certificate gender|url=https://www.nbcnews.com/feature/nbc-out/transgender-plaintiffs-sue-tennessee-change-birth-certificate-gender-n997996|last=Aviles|first=Gwen|date=24 April 2019|website=NBC News|language=en|access-date=2020-05-29}}

In 2023, Governor Lee signed into law a definition of the term "sex" which, under Tennessee law, is "determined by the anatomy and genetics existing at the time of birth."{{Cite web |last=Loller |first=Travis |date=2024-04-23 |title=Transgender Tennessee woman sues over state's refusal to change the sex designation on her license |url=https://abcnews.go.com/US/wireStory/transgender-tennessee-woman-sues-states-refusal-change-sex-109550308 |access-date=2024-05-01 |website=ABC News |language=en}} The ACLU filed suit on April 23, 2024 in Davidson County on behalf of a transgender woman who legally transitioned and was denied the right to change her gender as it appears on her driver's license by the Tennessee Department of Safety and Homeland Security.{{Cite web |last=Wethington |first=Caleb |date=2024-04-23 |title=ACLU sues over Tennessee rule banning transgender people from changing gender marker on driver licenses |url=https://www.wsmv.com/2024/04/23/aclu-sues-over-tennessee-rule-banning-transgender-people-changing-gender-marker-driver-licenses/ |access-date=2024-05-01 |website=WSMV-TV |language=en}}

=== Medical care ===

In March 2020, before the House adjourned during the coronavirus health crisis, it had been considering HB 2576{{Cite web |year=2010 |title=106th Tennessee General Assembly Legislation: HB2576 |url=http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB2576 |url-status=dead |archive-url=https://web.archive.org/web/20100413163000/https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB2576 |archive-date=2010-04-13 |access-date=2023-07-23 |website=wapp.capitol.tn.gov}} and HB 2827,{{Cite web |year=2010 |title=106th Tennessee General Assembly Legislation: HB2827 |url=http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB2827 |url-status=dead |archive-url=https://web.archive.org/web/20100412203207/https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB2827 |archive-date=2010-04-12 |access-date=2023-07-23 |website=wapp.capitol.tn.gov}} targeting medical care for transgender youth. On May 17, 2021, Governor Lee signed into law a ban on puberty blockers for prepubescent children that went into immediate effect.{{Cite web|last=Kruesi|first=Kimberlee|date=2021-05-19|title=Tennessee Gov. Bill Lee signs ban on gender-confirming treatment into law|url=https://fox17.com/news/local/tennessee-governor-oks-transgender-youth-treatment-ban-bill-lee-lgbtq-law|access-date=2021-05-31|website=WZTV|agency=Associated Press}}

In February 2023, the ban was expanded to make it illegal to provide gender-affirming healthcare to any trans person under 18, both in-state and via telehealth from out of state. Governor Lee signed the bill into law on March 1, 2023, alongside the Tennessee Adult Entertainment Act.{{Cite news |date=2023-03-02 |title=Tennessee bans gender-affirming health care for Trans youth |work=Los Angeles Blade |url=https://www.losangelesblade.com/2023/03/02/tennessee-bans-gender-affirming-health-care-for-trans-youth/ |access-date=2023-07-27}}{{Cite news |last=Mizelle |first=Shawna |date=2023-03-03 |title=Tennessee governor signs ban on gender-affirming care for minors |work=CNN |url=https://www.cnn.com/2023/03/03/politics/tennessee-gender-affirming-care/index.html |access-date=2023-07-27}}

Under the law, no minors could begin receiving gender-affirming care after July 1, 2023, and minors who had already begun receiving gender-affirming care prior to that date would have that care entirely withdrawn by March 31, 2024. People who receive gender-affirming care as minors and who later regret it will be able to sue their parents, guardians, and physicians.{{Cite web |last=Brown |first=Melissa |date=2023-01-31 |title=Tennessee bill to ban trans treatments for minors advances in committees |url=https://www.tennessean.com/story/news/politics/2023/01/31/tennessee-bill-to-ban-trans-treatments-for-minors-advances-in-committee/69858331007/ |access-date=2023-07-23 |website=The Tennessean |language=en-US}}{{Cite web |last=Brown |first=Melissa |date=23 February 2023 |title=Tennessee legislature passes ban on gender-transition health care for minors |url=https://www.tennessean.com/story/news/politics/2023/02/23/tennessee-legislature-passes-ban-on-gender-affirming-care-for-minors/69935900007/ |access-date=2023-02-23 |website=The Tennessean |language=en-US}}{{Cite web |last1=Mattise |first1=Jonathan |last2=Kruesi |first2=Kimberlee |date=2023-02-23 |title=Trans youth care ban headed to Tennessee governor's desk |url=https://apnews.com/article/politics-tennessee-state-government-health-gender-181952f6bd94a8e8c0a35be81afe00ad |access-date=2023-02-24 |website=AP News |language=en}} The law also allows the Tennessee Attorney General to sue any healthcare professional providing such care to be sued for $25,000.{{Cite news |date=2023-04-27 |title=US Justice Dept sues Tennessee over transgender healthcare law |work=Al Jazeera |agency=Associated Press |url=https://www.aljazeera.com/news/2023/4/27/us-justice-dept-sues-tennessee-over-transgender-healthcare-law |access-date=2023-07-27}}

On April 26, 2023, the United States Department of Justice joined the ACLU and Lambda Legal in suing the state of Tennessee, asking the court to declare the healthcare ban unconstitutional.{{Cite news |last=Kimball |first=Spencer |date=2023-04-27 |title=DOJ sues Tennessee, alleging it discriminates against transgender youth with new law |work=CNBC |url=https://www.cnbc.com/2023/04/27/transgender-biden-doj-sues-tennessee-for-discrimination.html |access-date=2023-07-27}}{{Cite news |last=Leonard |first=Arthur S |date=2023-04-27 |title=Biden administration joins lawsuit challenging Tennessee's anti-trans health law |work=Gay City News |url=https://gaycitynews.com/biden-administration-lawsuit-tennessee-anti-trans-health-law/ |access-date=2023-07-27}}{{Cite news |last=Johnson |first=Kailynn |date=2023-04-26 |title=Lawsuit Filed Against Tennessee Law Banning Gender-Affirming Care For Minors |work=Memphis Flyer |url=https://www.memphisflyer.com/lawsuit-filed-against-tennessee-law-banning-gender-affirming-care-for-minors |access-date=2023-07-27}}{{Cite news |last=Kruesi |first=Kimberlee |date=2023-04-26 |title=US sues Tennessee over ban on care for transgender youth |work=Associated Press |url=https://apnews.com/article/gender-affirming-care-tennessee-ban-817981c7d66a443951f4c6dbee6dabc1 |access-date=2023-07-27}} A federal court issued a partial temporary injunction on June 28, 2023,{{Cite news |last=Lenard |first=Natasha |date=2023-07-06 |title=Judges Keep Ruling That Anti-Trans Health Care Bans Make Shitty Law. The GOP Isn't Giving Up. |work=The Intercept |url=https://theintercept.com/2023/07/06/trans-health-care-bans-courts/ |access-date=2023-07-27}} saying, "If Tennessee wishes to regulate access to certain medical procedures, it must do so in a manner that does not infringe on the rights conferred by the United States Constitution, which is of course supreme to all other laws of the land."{{Cite news |last=Brown |first=Melissa |date=2023-06-28 |title=Court halts Tennessee's ban on gender affirming care, at least for now |work=The Tennessean |url=https://www.tennessean.com/story/news/politics/2023/06/28/tennessee-gender-affirming-care-ban-halted-judge-eli-richardson/70340063007/ |access-date=2023-07-27}} By June 30, Skrmetti had filed a motion with the Sixth Circuit Court of Appeals to obtain a stay on the District Court's judgement.{{Cite news |last=Morris |first=Chuck |date=2023-06-30 |title=Tennessee AG files motion for emergency stay to overturn transgender health injunction |work=News Channel 4 Nashville |url=https://www.wsmv.com/2023/07/01/tennessee-ag-files-motion-emergency-stay-transgender-health/ |access-date=2023-07-27}} The emergency appeal was granted by Judge Sutton, halting Judge Richardson's ruling from taking effect.{{Cite web |last=Barakat |first=Matthew |date=2023-07-09 |title=Tennessee can enforce ban on transgender care for minors, court says |url=https://www.williamsonherald.com/news/tennessee-can-enforce-ban-on-transgender-care-for-minors-court-says/article_f5715caa-1e6f-11ee-bac2-c39b2f9d34e6.html |access-date=2023-07-16 |website=Williamson Herald |language=en |agency=Associated Press}}

On July 8, 2023, the ruling from the District Court for the Middle District of Tennessee was temporarily reversed.{{Cite web |date=2023-07-08 |title=Case No. 3:23-cv-00376 |url=https://www.opn.ca6.uscourts.gov/opinions.pdf/23a0146p-06.pdf |access-date=2023-07-27}}{{Cite news |last=Rummler |first=Orion |date=2023-07-10 |title=Trans youth in Tennessee can no longer access gender-affirming care after court ruling |work=The 19th |url=https://19thnews.org/2023/07/tennessee-trans-court-gender-affirming/ |access-date=2023-07-27}}{{Cite news |last1=Riess |first1=Rebekah |last2=Jordan |first2=Jessica |last3=Sottile |first3=Zoe |date=2023-07-08 |title=Federal appeals court allows Tennessee ban on gender-affirming care for transgender minors to take effect |work=CNN |url=https://www.cnn.com/2023/07/08/politics/tennessee-gender-affirming-care-ban/index.html |access-date=2023-07-27}}{{Cite news |last=Hodgman |first=Lucy |date=2023-07-08 |title=Tennessee ban on gender-affirming care for minors to go into effect for now |work=Politico |url=https://www.politico.com/news/2023/07/08/tennessee-gender-affirming-care-ban-00105308 |access-date=2023-07-27}} One of the reasons cited for removing the injunction was the Dobbs case; another was that the court said it saw no evidence that the treatment at issue is "deeply rooted in our history and traditions."{{Cite news |last=Bacallao |first=Marianna |date=2023-07-10 |title=Tennessee's ban on gender-affirming care for minors takes effect, after court ruling |work=NPR |url=https://www.npr.org/2023/07/10/1186712372/tennessees-ban-on-gender-affirming-care-for-minors-takes-effect-after-court-ruli |access-date=2023-07-27}}{{Cite news |date=2023-07-08 |title=Court Allows Tennessee Ban on Gender-Affirming Care for Minors to Take Effect Immediately |work=Mother Jones |url=https://www.motherjones.com/politics/2023/07/tennessee-ban-gender-affirming-care-trans-minors-hormones/ |access-date=2023-07-27}} The dissenting justice, Judge White, said that she believed the law to be unconstitutional and because of that she would have only narrowed the scope of the injunction rather than issued a stay as the Appellate Court chose to do.{{Cite news |last=Yeager-Malkin |first=Rebekah |date=2023-07-10 |title=US federal court allows Tennessee ban on gender-affirming healthcare for minors |work=Jurist |url=https://www.jurist.org/news/2023/07/us-federal-court-allows-tennessee-ban-on-gender-affirming-healthcare-for-minors/ |access-date=2023-07-27}}

Judge Sutton also noted that this is a preliminary ruling, acknowledging, "We may be wrong."{{Cite news |last=Heath |first=Brad |date=2023-07-10 |title=Court reinstates Tennessee ban on care for transgender youth |work=Reuters |url=https://www.reuters.com/legal/court-reinstates-tennessee-ban-care-transgender-youth-2023-07-08/ |access-date=2023-07-27}} He has set a goal for resolving the case by September 30, 2023.{{Cite news |last=Bakarat |first=Matthew |date=2023-07-08 |title=Tennessee can enforce ban on transgender care for minors, court says |work=Associated Press |url=https://apnews.com/article/transgender-health-care-tennessee-appeal-reversal-f0bf16e7a508406f50b3bf6d9343313b |access-date=2023-07-27}} Some have already considered that this case is likely to end up before SCOTUS.{{Cite news |last=Ring |first=Trudy |date=2023-07-11 |title=Is This the Next Supreme Court Case on LGBTQ+ Rights? |work=The Advocate |url=https://www.advocate.com/law/supreme-court-tennessee-transgender-care |access-date=2023-07-16}}{{Cite news |last=Adler |first=Jonathan H. |date=2023-07-08 |title=Sixth Circuit Stays Preliminary Injunction Against Tennessee Law Limiting Gender-Affirming Treatments for Minors |work=Reason |url=https://reason.com/volokh/2023/07/08/sixth-circuit-stays-preliminary-injunction-against-tennessee-law-limiting-gender-affirming-treatments-for-minors/ |access-date=2023-07-27}}

{{See also|Jonathan Skrmetti#VUMC investigation}}

In June 2023, the Attorney General's office mandated that Vanderbilt University Medical Center turn over the medical records of all patients referred to the transgender clinic for gender-affirming care. AG Skrmetti has stated that the investigation is into allegations of fraud following videos and tweets posted by Matt Walsh.{{Cite web |last=Gooch |first=Kelly |date=2022-09-21 |title=Tennessee attorney general vows to investigate claims against VUMC transgender health clinic |url=https://www.beckershospitalreview.com/legal-regulatory-issues/tennessee-attorney-general-vows-to-investigate-claims-against-vumc-transgender-health-clinic.html |access-date=2023-07-16 |website=www.beckershospitalreview.com |language=en-gb}}{{Cite web |last=Herner |first=Hannah |date=2023-06-20 |title=VUMC hands over transgender patient records to state |url=https://www.nashvillepost.com/business/health_care/vumc-hands-over-transgender-patient-records-to-state/article_c6c46df0-0fa3-11ee-86c8-0b8e135fc5a0.html |access-date=2023-07-18 |website=Nashville Post |language=en}} VUMC complied.{{Cite web |last1=Brown |first1=Melissa |last2=Puente |first2=Kelly |date=2023-06-20 |title=Vanderbilt turns over transgender patient records to state in attorney general probe |url=https://www.tennessean.com/story/news/health/2023/06/20/vanderbilt-university-m-turns-over-transgender-patient-medical-records-to-tennessee-attorney-general/70338356007/ |access-date=2023-07-23 |website=The Tennessean |language=en-US}}{{Cite web |date=2023-06-20 |title=Hospital turns over transgender patient records to Tennessee attorney general in investigation |url=https://www.independent.co.uk/news/ap-tennessee-vanderbilt-nashville-lgbtq-b2361226.html |access-date=2023-07-23 |website=The Independent |language=en |agency=Associated Press}}{{Cite web |last=Owen |first=Greg |date=2023-06-22 |title=Tennessee AG made a hospital hand over trans kids' medical records |url=https://www.lgbtqnation.com/2023/06/tennessee-ag-demands-trans-kids-medical-records-for-probe/ |access-date=2023-07-23 |website=LGBTQ Nation}} Two patients sued.{{Cite news |last=Wadhwani |first=Anita |date=2023-07-26 |title=Patients sue Vanderbilt for releasing transgender clinic records to Tennessee AG |work=Tennessee Lookout |url=https://tennesseelookout.com/2023/07/26/patients-sue-vanderbilt-for-releasing-transgender-clinic-records-to-tennessee-ag/ |access-date=2023-07-27}}{{Cite web |last=Mattise |first=Jonathan |date=2023-07-25 |title=Transgender Patients Sue Hospital For Giving Records To Tennessee's Attorney General |url=https://www.huffpost.com/entry/bc-us-transgender-clinic-tennessee_n_64c0372fe4b0df86321215fe |access-date=2023-07-25 |website=HuffPost |language=en}} Separately, the U.S. Department of Health and Human Services is investigating on the basis of federal civil rights laws.{{Cite web |last1=Kruesi |first1=Kimberlee |last2=Mattise |first2=Jonathan |date=August 12, 2023 |title=Tennessee Hospital Faces Civil Rights Investigation Over Release Of Transgender Health Records |url=https://www.huffpost.com/entry/tennessee-hospital-faces-civil-rights-investigation-over-release-of-transgender-health-records_n_64d79898e4b063cc0974f6f6 |access-date=August 12, 2023 |website=HuffPost |language=en}}

In May 2024, Governor Lee signed a bill into law that would apply civil penalties to adults who help a minor receive gender-affirming care.{{Cite web |date=2024-05-29 |title=Tennessee gov. OKs penalizing adults who help minors receive abortions, gender-affirming care |url=https://www.nbcnews.com/nbc-out/out-news/tennessee-gov-oks-penalizing-adults-help-minors-receive-abortions-gend-rcna154533 |access-date=2024-05-29 |website=NBC News |language=en}}

The U.S. Supreme Court agreed on 24 June 2024 to review the legality of Tennessee's Republican-backed ban on gender-affirming medical care for transgender minors, following an appeal by President Biden's administration. The challengers argued the ban violated the U.S. Constitution's 14th Amendment's equal protection and due process clauses. Similar bans in other states claim to protect children from harmful treatments, while medical associations support gender-affirming care as essential. Plaintiffs, including transgender minors and their parents, sued to defend the treatments. The decision follows a 6th Circuit Court ruling that upheld the ban, reversing a federal judge's previous injunction.{{cite news|last=Chung |first=Andrew |title=US Supreme Court to hear challenge to ban on transgender care for minors |date=24 June 2024 |url=https://www.reuters.com/legal/us-supreme-court-hear-challenge-ban-transgender-care-minors-2024-06-24/ |access-date=25 June 2024}}

In April 2024, the Tennessee State Legislature passed a bill to ban gender affirming care for Tennessee inmates.{{Cite news |work=AP |url=https://apnews.com/article/tennessee-gender-affirming-care-minors-a3ae1b263d430fbf4a2176ef76f3a843 |title=Tennessee GOP senators OK criminalizing helping minors get transgender care, mimicking abortion bill}}

On May 2, 2019, Governor Lee signed into law legislation defining a trans person using the bathroom corresponding with their gender identity as "indecent exposure." The Tennessee Equality Project had complained about the bill's original language, and although that language was altered before it became law, the organization still believed the bill was harmful to trans people.{{Cite web |last=Riley |first=John |date=May 8, 2019 |title=Tennessee governor signs "indecent exposure" bill, sparking fear about anti-trans harassment |url=https://www.metroweekly.com/2019/05/tennessee-senate-approves-pair-anti-transgender-bathroom-bills/ |website=Metro Weekly}}

In May 2021, Governor Lee signed two other bathroom bills.{{Cite web |last=Ronan |first=Wyatt |date=May 14, 2021 |title=Tennessee Governor Lee Signs Anti-Transgender Student Bathroom Bill 2.0 into Law |url=https://www.hrc.org/press-releases/tennessee-governor-lee-signs-anti-transgender-student-bathroom-bill-2-0-into-law |access-date=2021-05-31 |website=Human Rights Campaign |language=en-US}} It banned transgender students from using bathrooms within public schools and required small businesses to post warning signs if they allow transgender people in multiperson bathrooms. Small-business owners faced up to 6 months jail for noncompliance.{{Cite web |last=Browning |first=Bil |date=May 28, 2021 |title=Business owners can get 6 months in jail if they don't post sign warning about transgender shoppers |url=https://www.lgbtqnation.com/2021/05/business-owners-can-get-6-month-jail-dont-post-sign-warning-transgender-shoppers/ |access-date=2021-05-31 |website=LGBTQ Nation}}{{Cite web|last=Ronan|first=Wyatt|date=May 17, 2021|title=Tennessee Gov. Lee Signs Anti-Transgender 'Business Bathroom Bill' into Law|url=https://www.hrc.org/press-releases/tennessee-gov-lee-signs-anti-transgender-business-bathroom-bill-into-law|access-date=2021-05-31|website=Human Rights Campaign|language=en-US}}{{Cite web |last1=Kruesi |first1=Kimberlee |last2=Mattise |first2=Jonathan |date=19 May 2021 |title=Tennessee bill mandating bathroom signs called 'humiliating' for transgender people |url=https://www.tennessean.com/story/news/politics/2021/05/19/tennessee-law-requires-signs-transgender-bathroom-use-allowed/5161761001/ |access-date=22 May 2021 |website=The Tennessean |language=en-US |agency=Associated Press}}

Davidson County District Attorney General Glenn Funk said his office would not dedicate any resources to enforcing the legislation, stating that his office "will not promote hate."{{Cite news |last=Kruesi |first=Kimberlee |date=May 24, 2021 |title=Nashville DA Won't Enforce New Bathroom Law |url=https://apnews.com/article/nashville-laws-government-and-politics-50412b91ca33cc45c426a9b5a89b1133 |access-date=July 18, 2021 |work=AP News}} The ACLU filed suit on behalf of two business owners in Tennessee in June 2021.{{Cite web |last=Yu |first=Yue Stella |title=ACLU federal lawsuit challenges Tennessee anti-trans bathroom sign law, deems it 'unconstitutional' |url=https://www.tennessean.com/story/news/politics/2021/06/25/embargoed-aclu-files-federal-lawsuit-challenging-tennessees-bathroom-signage-law-deems-unconstitutio/5345498001/ |access-date=2024-05-01 |website=The Tennessean |language=en-US}}{{Cite web |last=Price |first=Eric |date=2021-06-29 |title='This is a free speech lawsuit' ACLU files lawsuit against the new Tennessee bathroom bill |url=https://newschannel9.com/news/local/this-is-a-free-speech-lawsuit-aclu-files-lawsuit-against-the-new-tennessee-bathroom-bill |access-date=2024-05-01 |website=WTVC-TV |language=en}}

Although the law took effect on July 1, 2021, US District Judge Aleta A. Trauger issued an injunction on July 9, 2021{{Cite web |last=Boboltz |first=Sara |date=9 July 2021 |title=Federal Judge Blocks Tennessee's Anti-Trans Bathroom Law |url=https://www.huffpost.com/entry/federal-judge-blocks-tennessee-anti-trans-bathroom-law_n_60e8a823e4b00edbf3832aec |access-date=18 May 2022 |website=HuffPost |language=en}}{{Cite web |last=Holmes |first=Juwan J. |date=10 July 2021 |title=Injunction blocks new Tennessee law that requires anti-trans signs on business bathrooms |url=https://www.lgbtqnation.com/2021/07/injunction-blocks-new-tennessee-law-requires-anti-trans-signs-business-bathrooms/ |access-date=2021-07-11 |website=LGBTQ Nation}}{{cite web |last=Baska |first=Maggie |date=July 11, 2021 |title=Judge Blocks Cruel Tennessee Law Forcing Businesses to Post Signs About Trans People in Bathrooms |url=https://www.pinknews.co.uk/2021/07/11/judge-tennessee-trans-bathroom-law/ |access-date=September 28, 2021 |website=Pink News}}{{cite web |last=Riley |first=John |date=July 12, 2021 |title=Federal Judge Blocks Tennessee's "Business Bathroom Bill" Requiring Anti-Transgender Restroom Signs |url=https://www.metroweekly.com/2021/07/federal-judge-blocks-tennessees-business-bathroom-bill-requiring-anti-transgender-restroom-signs/ |access-date=September 28, 2021 |website=Metro Weekly}} and struck it down entirely in May 2022, partly on the grounds that it violated business owners' First Amendment rights.{{Cite web |last=Golgowski |first=Nina |date=18 May 2022 |title=Federal Judge Strikes Down Tennessee Law Requiring Anti-Trans Bathroom 'Notice' |url=https://www.huffpost.com/entry/judge-strikes-down-tennessee-trans-bathroom-notice_n_6284e659e4b0c84db72c6daa |access-date=18 May 2022 |website=HuffPost |language=en}}{{Cite web |last=Stockard |first=Sam |date=2022-05-17 |title=Federal judge rejects Tennessee's transgender bathroom law |url=https://tennesseelookout.com/2022/05/17/federal-judge-rejects-tennessees-transgender-bathroom-law/ |access-date=2024-05-01 |website=Tennessee Lookout |language=en-US}}

The 2021 Tennessee law went farther than 2016 North Carolina legislation that, due to economic and social damage, North Carolina repealed in 2019.{{Cite web |last=Mattise |first=Jonathan |date=May 17, 2021 |title=Tennessee gov signs transgender 'bathroom bill' for schools |url=https://abcnews.go.com/Sports/wireStory/tennessee-gov-signs-transgender-bathroom-bill-schools-77741212 |access-date=2021-05-31 |website=ABC News |language=en |agency=Associated Press}}{{Cite web |last=Holmes |first=Juwan J. |date=May 15, 2021 |title=Tennessee enacts law allowing youth a "reasonable accommodation" to avoid trans kids |url=https://www.lgbtqnation.com/2021/05/tennessee-enacts-law-allowing-youth-reasonable-accommodation-avoid-trans-kids/ |access-date=2021-05-31 |website=LGBTQ Nation}}{{Cite web |last=Ring |first=Trudy |date=May 14, 2021 |title=Tennessee Governor Signs Anti-Trans School 'Bathroom Bill' Into Law |url=https://www.advocate.com/transgender/2021/5/14/tennessee-governor-signs-anti-trans-school-bathroom-bill-law |access-date=2021-05-31 |website=The Advocate |language=en}}{{Cite web |last=Ronan |first=Wyatt |date=2021-04-29 |title=Tennessee State Legislature Sends Anti-Transgender 'Business Bathroom Bill' to Gov. Lee's Desk |url=https://www.hrc.org/press-releases/tennessee-state-legislature-sends-anti-transgender-business-bathroom-bill-to-gov-lees-desk |access-date=2023-07-23 |website=Human Rights Campaign}}{{Cite web |last1=Cole |first1=Devan |last2=Stracqualursi |first2=Veronica |date=2021-04-30 |title=Tennessee legislature passes bill requiring some businesses to post signs indicating inclusive bathroom policy |url=https://www.cnn.com/2021/04/30/politics/tennessee-bill-businesses-trans-bathroom-policy/index.html |access-date=2023-07-23 |website=CNN}}

When the Tennessee state legislature reconvened in May 2020 during the coronavirus health crisis, the House moved HB 1572{{Cite web |year=2009 |title=105th Tennessee General Assembly Legislation: HB1572 |url=http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB1572 |url-status=usurped |archive-url=https://web.archive.org/web/20090414150728/http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB1572 |archive-date=2009-04-14 |access-date=2023-07-23 |website=wapp.capitol.tn.gov}} and HB 1689{{Cite web |year=2009 |title=105th Tennessee General Assembly Legislation: HB1689 |url=http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB1689 |url-status=dead |archive-url=https://web.archive.org/web/20090414162609/http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB1689 |archive-date=2009-04-14 |access-date=2020-05-29 |website=wapp.capitol.tn.gov}} targeting transgender student athletes. The Senate also had the ability to move SB 1736{{Cite web |year=2009 |title=105th Tennessee General Assembly Legislation: SB1736 |url=http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB1736 |url-status=dead |archive-url=https://web.archive.org/web/20090430004130/http://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=SB1736 |archive-date=2009-04-30 |access-date=2020-05-29 |website=wapp.capitol.tn.gov}} (its version of HB 1689), as this had been under consideration before the Legislature adjourned in March 2020.

On March 26, 2021, Governor Lee signed a bill to ban transgender youth from school athletic sports.{{Cite web |last=Hammonds |first=Rebekah |date=26 March 2021 |title=Governor Lee signs anti-trans athlete bill 'to preserve women's athletics' |url=https://www.newschannel5.com/news/governor-lee-signs-anti-trans-athlete-bill-to-preserve-womens-athletics |access-date=26 March 2021 |website=WTVF |language=en}} The bill had passed the Tennessee Senate on March 1 (the vote was 27–6){{Cite web |last=Yu |first=Yue Stella |title=Tennessee Senate passes bill barring transgender students from playing high school sports under their gender identity |url=https://www.tennessean.com/story/news/politics/2021/03/01/tennessee-senate-votes-pass-transgender-athlete-bill/6869465002/ |access-date=2021-05-31 |website=The Tennessean |language=en-US}} and the Tennessee House of Representatives on March 22 (the voice vote was 71–16 with 5 abstentions).{{Cite web |last=Whittington |first=Jordan |date=2021-03-22 |title=Bill banning transgender athletes in Tennessee passes House, moves to governor's desk |url=https://fox17.com/news/local/bill-banning-transgender-athletes-in-tennessee-passes-house |access-date=2021-05-31 |website=WZTV}} The ACLU is representing a Farragut High School student in the matter;{{Cite web |last=Klasfield |first=Adam |date=2021-11-04 |title=ACLU Sues Tennessee on Behalf of Transgender High Schooler Barred by Law from Joining Boys' Golf Team |url=https://lawandcrime.com/lawsuit/aclu-sues-tennessee-on-behalf-of-transgender-high-schooler-barred-by-law-from-joining-boys-golf-team/ |access-date=2024-05-01 |website=Law & Crime |language=en}} suit was filed on November 4, 2021.{{Cite web |last=Ring |first=Trudy |date=2021-11-04 |title=Trans Boy Sues Tennessee Over Exclusionary Sports Law |url=https://www.advocate.com/transgender/2021/11/04/trans-boy-sues-tennessee-over-exclusionary-sports-law |access-date=2024-05-01 |website=The Advocate |language=en}} Judge Waverly D. Crenshaw ordered a partial grant of summary judgement that enjoins the school against enforcing the Gender in Athletics Law or revised policy I-171 to prevent the student from playing boys' interscholastic golf on March 29, 2024.{{Cite web |last=Leonard |first=Arthur S. |date=2024-04-02 |title=Federal court allows trans boy to try out for golf team in Tennessee despite restrictive law |url=https://gaycitynews.com/federal-court-tennessee-allow-trans-boy-golf-team/ |access-date=2024-05-01 |website=Gay City News |language=en-US}} As of May 1, 2024, the case is ongoing.{{Cite web |title=M.D. Tenn. 3:21-cv-00835 Docket |url=https://files.eqcf.org/cases/m-d-tenn-321-cv-00835-docket/ |access-date=2024-05-01 |website=Equality Case Files |language=en-US}}

On April 22, 2022, Governor Lee signed into law Public Chapter 1005 of the Tennessee Code mandating that parents wanting their children to participate in sports in public schools provide evidence of the gender assigned at birth.{{Cite web |last=Kruesi |first=Kimberlee |date=2022-04-25 |title=Tennessee governor signs transgender athlete ban in girls' sports |url=https://www.pbs.org/newshour/education/tennessee-governor-signs-transgender-athlete-ban-in-girls-sports |access-date=2024-05-01 |website=PBS NewsHour |language=en-us}} Any school not taking measures to comply with the law could have funding withheld.{{Cite web |last=Migdon |first=Brooke |date=2022-04-26 |title=Tennessee governor signs law adding penalties to transgender athlete ban |url=https://thehill.com/changing-america/respect/equality/3463878-tennessee-governor-signs-law-adding-penalties-to-transgender-athlete-ban/ |access-date=2024-05-01 |website=The Hill |language=en-US}}{{Cite web |last=Breslin |first=Ryan |date=2022-06-08 |title=TN bill affecting transgender athletes goes into law next month |url=https://www.wsmv.com/2022/06/08/bill-affecting-transgender-athletes-goes-into-law-next-month/ |access-date=2024-05-01 |website=WSMV-TV |language=en}}

In August 2021, several lawsuits were filed in both state and federal courts and to also "sue the whole state of Tennessee" - to put a stop the enforcement of the public school bathroom law within Tennessee that went into effect on July 1, 2021.{{cite web |last=Kruesi |first=Kimberlee |date=August 3, 2021 |title=Tennessee sued over 'bathroom bill' for public schools |url=https://abcnews.go.com/Health/wireStory/tennessee-sued-bathroom-bill-public-schools-79244480 |access-date=September 28, 2021 |website=ABC News}}{{cite web |last=Kruesi |first=Kimberlee |date=August 4, 2021 |title=Tennessee's Transgender 'Bathroom Bill' Hit With Second Federal Lawsuit |url=https://www.huffpost.com/entry/tennessee-transgender-bathroom-bill-lawsuit_n_610aa174e4b0b94f60777658 |access-date=September 28, 2021 |website=Huffpost}}

In April 2021, a bill passed the Tennessee General Assembly that legally requires mandatory parental permission opt-in - before their child or children is being taught about "sexual orientation and gender identity sex education subject curriculum choices and theories" within classrooms in all Tennessee public schools. Governor Lee signed the bill into law in May 2021.{{Cite web |last=Kelley |first=Alexandra |date=May 5, 2021 |title=Tennessee Gov signs restrictive LGBTQ+ education bill |url=https://thehill.com/changing-america/respect/diversity-inclusion/551919-tenn-gov-signs-restrictive-lgbtq-education-bill |access-date=2021-05-31 |website=TheHill |language=en}}{{Cite web |last=Ronan |first=Wyatt |date=2021-05-04 |title=Tennessee Gov. Bill Lee Signs Anti-LGBTQ Education Bill into Law |url=https://www.hrc.org/press-releases/tennessee-gov-bill-lee-signs-anti-lgbtq-education-bill-into-law |access-date=2023-07-23 |website=Human Rights Campaign}}{{Cite web |last=Ronan |first=Wyatt |date=2021-04-15 |title=Tennessee State Legislature Sends Anti-LGBTQ Education Bill to Governor's Desk for Signature |url=https://www.hrc.org/press-releases/tennessee-state-legislature-sends-anti-lgbtq-education-bill-to-governors-desk-for-signature |access-date=2023-07-23 |website=Human Rights Campaign}}{{Cite web |year=2021 |title=111th Tennessee General Assembly Legislation, SB1229 / HB0529 |url=https://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=SB1229&ga=112 |access-date=2023-07-23 |website=wapp.capitol.tn.gov}}{{Cite web |date=2021-04-14 |title=Public Chapter No. 281 |url=https://publications.tnsosfiles.com/acts/112/pub/pc0281.pdf |access-date=2023-07-23 |website=Tennessee Secretary of State}}{{Cite web |date=May 5, 2021 |title=Tennessee governor signs bill allowing students to opt-out of LGBTQ material |url=https://www.mystateline.com/news/gov-lee-signs-tennessee-bill-allowing-students-to-opt-out-of-lgbtq-material/ |access-date=2021-05-31 |website=MyStateline.com |language=en-US}}

In May 2023, Tennessee enacted Public Chapter 448 which prohibits teachers from being sued civilly and shields them from disciplinary action by the school should they use a pronoun to address a student which does not reflect the student's gender identity, but rather the gender present on the student's birth certificate.{{Cite web |last=Teague |first=Slater |date=2023-05-19 |title=Gov. Lee signs student pronoun bill |url=https://www.wate.com/news/tennessee/gov-bill-lee-signs-bill-preventing-teachers-from-being-fired-for-not-using-a-students-preferred-pronouns/ |access-date=2024-05-01 |website=WATE-TV |language=en-US}} A fiscal note attached to the bill warned that its enactment could potentially cost Tennessee federal funding for education.{{Cite web |date=2023-05-18 |title=TN bill protecting employees in schools who refuse to use preferred pronouns signed by Gov. Lee |url=https://www.wbir.com/article/news/politics/tennessee-bill-protects-teachers-who-dont-use-student-preferred-pronouns/51-a408eb65-fde5-4bbd-b3b8-adef33c1e6e5 |access-date=2024-05-01 |website=WBIR |language=en-US}}

In May 2024, a law took effect (immediately upon Governor Bill Lee's signature) to require schools to notify parents if their child asks to be called by a different name or pronoun.{{Cite web |last=Gainey |first=Blaise |date=2024-05-07 |title=Gov. Bill Lee signs law requiring Tennessee schools to out transgender students |url=https://www.wkms.org/government-politics/2024-05-07/gov-bill-lee-signs-law-requiring-tennessee-schools-to-out-transgender-students |access-date=2024-05-08 |website=WKMS |language=en}}{{Cite web |last=Ashman |first=Kendall |date=2024-04-16 |title=Bill requiring Tennessee school employees to report student’s gender identity passes state legislature |url=https://www.wkrn.com/news/tennessee-politics/bill-requiring-tn-school-employees-to-report-students-gender-identity-passes-state-legislature/ |access-date=2024-05-01 |website=WKRN-TV |language=en-US}} A teacher who becomes aware of such a request must report it to an administrator who must report it to the parents.{{Cite web |last=Wadhwani |first=Anita |date=2024-03-21 |title=Senate OKs bill to penalize schools that don't tell parents when kids confide they are transgender |url=https://tennesseelookout.com/2024/03/21/senate-oks-bill-to-penalize-schools-that-dont-tell-parents-when-kids-confide-they-are-transgender/ |access-date=2024-05-01 |website=Tennessee Lookout |language=en-US}} Any parent (or AG Skrmetti) may sue the school district for noncompliance.

Tennessee House Representative Mary Littleton claimed that the law would enable parents to obtain therapy for LGBTQ youth to "help them solve their problems."{{Cite web |last=Mattisse |first=Jonathan |last2=Kruesi |first2=Kimberlee |date=2024-04-15 |title=Tennessee schools would have to out transgender students to parents under bill heading to governor |url=https://apnews.com/article/tennessee-transgender-student-bill-2d31c306628049a26fde2f47c90b8b11 |access-date=2024-05-01 |website=AP News |language=en}} A representative of the Tennessee Equality Project stated that the communities affected by the legislation were not consulted on it.

On Monday, February 26, 2024, the Tennessee House of Representatives passed a bill that would ban the display of pride flags in public school classrooms.{{cite news |last=Matisse |first=Jonathan |date=2024-02-26 |title=Pride flags would be largely banned in Tennessee classrooms in bill advanced by GOP lawmakers |url=https://apnews.com/article/tennessee-pride-flag-classroom-ban-9ebd3a79776d5644081d5f17ab84be52 |access-date=2024-03-16 |work=AP News |language=en}} Nashville public radio reported that Speaker McNally found the language of the bill Constitutionally questionable and stated that he had asked for guidance from AG Skrmetti.{{cite news |last=Gainey |first=Blaise |date=2024-02-29 |title=A bill that would ban Pride flags in schools hits a major roadblock in Tennessee's senate |url=https://wpln.org/post/a-bill-that-would-ban-pride-flags-in-schools-hits-a-major-roadblock-in-tennessees-senate/ |access-date=2024-03-16 |work=WPLN-FM}} The bill passed through the Senate's Education Committee on a narrow 5-4 vote to be presented to the Senate for vote on passage.{{cite news |last=Stockard |first=Sam |date=2024-03-15 |title=Stockard on the Stump: Tennessee Senate works on cleaning up House of horrors |url=https://tennesseelookout.com/2024/03/15/stockard-on-the-stump-tennessee-senate-works-on-cleaning-up-house-of-horrors/ |access-date=2024-03-16 |work=Tennessee Lookout}}

The Tennessee Senate voted against the bill on April 23, 2024.{{multiref2|{{cite news |last=Hauser |first=Nikki |date=26 April 2024 |title=With no flag restrictions in Tennessee classrooms, advocates are relieved. |url=https://www.newschannel5.com/news/with-no-flag-restrictions-in-tennessee-classrooms-advocates-are-relieved |work=WTVF |access-date=2024-04-27}}|{{cite news |last=Jones |first=Vivian |date=2024-04-23 |title=Tennessee bill to ban pride flags from public schools fails in Senate |url=https://www.tennessean.com/story/news/politics/2024/04/23/tennessee-senators-block-bill-banning-pride-flags-in-tennessee-schools/73430350007/ |work=The Tennessean |access-date=2024-04-27}}

}}

{{Main|Tennessee Adult Entertainment Act}}

{{See also|Friends of George's v. State of Tennessee}}

In November 2022, the Tennessee General Assembly prefiled a bill to redefine the legal definition of "adult cabaret performance" to ban any "male or female impersonators" from any public property or anywhere they could be seen by someone who's not an adult, under criminal penalty. Instructor Alejandra Caraballo of Harvard Law School was quoted as saying the bill could easily "be applied to trans people for simply existing as themselves", and that, "They're not just going after drag queens, they are trying to criminalize trans and queer people in public spaces."{{Cite web |last1=Wells |first1=V.S. |date=2022-11-11 |title=New Tennessee bill banning 'male or female impersonators' in public could criminalize drag performers and trans people |url=https://xtramagazine.com/culture/tennessee-drag-ban-bill-240128 |access-date=2023-07-23 |website=Xtra*}} In February 2023, both houses of the state legislature passed the bill, sending it to the Governor.{{cite web |last=Zoledziowski |first=Anya |date=2023-02-22 |title=Republicans Are Trying to Ban Drag Shows Now |url=https://www.vice.com/en/article/93ae38/republicans-drag-show-ban-tennessee |access-date=2023-07-23 |website=Vice News}}{{cite web |last=Brown |first=Melissa |date=2023-02-23 |title=Tennessee passes controversial drag show bill |url=https://www.tennessean.com/story/news/politics/2023/02/23/tennessee-drag-bill-to-ban-certain-performances-passes-general-assembly/69935840007/ |url-access=limited |access-date=2023-07-23 |website=The Tennessean}} During a subsequent protest over the bill, two people - one trans woman, and one drag queen - were arrested by Memphis Police after shouting "Drag is not a crime" and "Bill Lee is a Nazi".{{Cite news |last=Murphy |first=Walter |date=2023-03-02 |title=2 arrested for protesting Gov. Bill Lee's visit to Memphis amid expectation to sign controversial anti-drag bill |work=WMC-TV |url=https://www.actionnews5.com/2023/03/02/2-arrested-protesting-gov-bill-lees-visit-memphis-amid-expectation-sign-controversial-anti-drag-bill/ |access-date=2023-07-23}} The bill was signed into law in March 2023.{{Cite news |last=Chamlee |first=Virginia |date=2023-03-03 |title=Tennessee Becomes First State to Pass Legislation Restricting Drag Shows |work=People |url=https://people.com/politics/tennessee-restricts-drag-queen-shows-new-legislation/ |access-date=2023-07-23}}

Memphis DA Steven J. Mulroy called the anti-drag bill "ill advised". He also stated that while enforcing it, he wouldn't focus on it.{{Cite web |last=Jones |first=Jay |date=2023-03-03 |title=Shelby County D.A. Steve Mulroy says 'ill-advised' drag bill is not his focus |url=https://www.localmemphis.com/article/news/politics/shelby-county-da-steve-mulroy-says-ill-advised-drag-bill-is-not-his-focus/522-0a4422b3-2ed5-4b56-af5d-2ef299862ba1 |access-date=2023-07-23 |website=WATN-TV |agency=Associated Press}} In March, hours before the bill would be enacted, Judge Thomas Parker of United States District Court for the Western District of Tennessee halted the bill to review it. The judge questioned the bill and its lack of qualifications, stating, "The law prohibits a drag performer wearing a crop top and mini skirt from dancing where minors might see it, but does not prohibit a Tennessee Titans cheerleader wearing an identical outfit from performing the exact same dance in front of children."{{Cite web |date=2023-04-01 |title=Federal judge temporarily blocks Tennessee's anti-drag law |url=https://www.politico.com/news/2023/04/01/federal-judge-temporarily-blocks-tennessees-anti-drag-law-00090047 |access-date=2023-07-23 |website=Politico |agency=Associated Press}} In June 2023, Judge Parker formally declared the law unconstitutional as vague and overbroad.{{Cite web |last=Robledo |first=Jordan |date=2023-06-04 |title=Federal judge rules Tennessee's drag ban as "unconstitutionally vague and overbroad" |url=https://www.gaytimes.co.uk/life/federal-judge-rules-tennessees-drag-ban-as-unconstitutionally-vague-and-overbroad/ |access-date=2023-07-23 |website=GAY TIMES |language=en-GB}}

Tennessee's Attorney General, Jonathan Skrmetti, filed a Notice of Appeal in June 2023.{{Cite news |last=Kennin |first=Lydian |date=2023-06-30 |title=State AG appeals federal judge's decision to allow public drag shows in Tennessee |work=WMC-TV |url=https://www.actionnews5.com/2023/06/30/tennessee-ag-appeals-federal-judges-decision-allow-public-drag-shows/ |access-date=2013-07-16}}{{Cite web |date=2023-06-30 |title=Case 2:23-cv-02163-TLP-tmp Document 94 |url=https://www.tn.gov/content/dam/tn/attorneygeneral/documents/pr/2023/pr23-23-notice.pdf |access-date=2023-07-16 |website=TN.gov}} Oral arguments were heard in the case on February 1, 2024. There is no schedule yet for a decision.{{Cite news |last=Wells |first=David |date=2024-02-01 |title=Tennessee asks Sixth Circuit to restore anti-drag law |url=https://www.courthousenews.com/tennessee-asks-sixth-circuit-to-restore-anti-drag-law/ |access-date=2024-02-02 |work=Courthouse News Service}}

Skrmetti has also offered his legal opinion that Judge Parker's ruling is only valid for Shelby County and that the law remains in effect for the rest of the state.{{Cite news |last1=Sainz |first1=Adrian |last2=Kruesi |first2=Kimberlee |date=2023-06-06 |title=Ruling on Tennessee's anti-drag law leaves questions about enforcement, next steps |work=PBS |url=https://www.pbs.org/newshour/politics/ruling-on-tennessees-anti-drag-law-leaves-questions-about-enforcement-next-steps |access-date=2023-07-20}} In deference to that opinion, Blount County District Attorney Ryan K. Desmond issued a letter to Blount Pride and organizer Flamy Grant in August 2023. It advised that the Pride celebration scheduled for September was illegal under Tennessee law.{{Cite web |last=Friedman |first=Adam |date=2023-08-31 |title=Tennessee's anti-drag law faces another suit, this time in Blount County |url=https://tennesseelookout.com/2023/08/31/tennessees-anti-drag-law-faces-another-suit-this-time-in-blount-county/ |access-date=2024-02-02 |website=Tennessee Lookout |language=en-US}} The ACLU of Tennessee filed suit on behalf of Blount Pride on August 30, 2023{{Cite web |date=2023-08-30 |title=Complaint for the Violations of the Civil Rights Act of 1871, 42 USC 1893 {{!}} Case 1:23-cv-00196 |url=https://www.aclu-tn.org/wp-content/uploads/2023/08/2023-08-30-ECF-1-Verified-Complaint.pdf |url-status=dead |archive-url=http://web.archive.org/web/20230903180357/https://www.aclu-tn.org/wp-content/uploads/2023/08/2023-08-30-ECF-1-Verified-Complaint.pdf |archive-date=2023-09-03 |access-date=2024-02-02 |website=ACLU of Tennessee}} and US. District Judge J. Ronnie Greer issued an injunction on September 1, 2023.{{Cite web |date=2023-09-01 |title=Judge Blocks Enforcement of Anti-Drag Law in Blount County |url=https://www.aclu-tn.org/judge-blocks-enforcement-anti-drag-law-blount-county/ |url-status=dead |archive-url=http://web.archive.org/web/20230901212509/https://www.aclu-tn.org/judge-blocks-enforcement-anti-drag-law-blount-county/ |archive-date=2023-09-01 |access-date=2024-02-02 |website=ACLU-TN}}{{Cite web |last=Yeager-Malkin |first=Rebekah |date=2023-09-04 |title=US federal judge sides with Tennessee Pride festival in challenge to drag ban |url=https://www.jurist.org/news/2023/09/us-federal-judge-rules-in-favor-of-tennessee-pride-festival-in-challenge-to-drag-ban/ |access-date=2024-02-02 |website=www.jurist.org |language=en-US}} Greer pointed out in his decision that DA Desmond agreed in his court filings that the event posted no threat to children.{{Cite web |last=Ring |first=Trudy |date=2023-09-01 |title=Tennessee Anti-Drag Law Can't Be Used Against Pride Event, Judge Rules |url=https://www.advocate.com/law/drag-show-ban-blocked-tennessee |access-date=2024-02-02 |website=The Advocate |language=en}} The case is still pending.

In October 2023, the City of Murfreesboro passed ordinance 23-O-22 which used the wording already existing in the city's laws to arguably criminalize being homosexual in public.{{Cite web |last=Beyeler |first=Kelsey |date=2023-10-25 |title='Drag Is Never Going Away': Local Queens Rally Against Anti-Drag Legislation |url=https://www.nashvillescene.com/news/citylimits/drag-is-never-going-away-local-queens-rally-against-anti-drag-legislation/article_95afcaa8-71f9-11ee-8709-afba6b8cf463.html |access-date=2024-02-02 |website=Nashville Scene |language=en}} The ACLU of Tennessee filed suit on behalf of the Tennessee Equality Project.{{Cite web |last=Kruesi |first=Kimberlee |date=2023-10-06 |title=ACLU sues a Tennessee city over an anti-drag ordinance |url=https://apnews.com/article/pride-lgbtq-tennessee-dragshow-aclu-lawsuit-62c9dee6602d45829e70345c41f67f1c |access-date=2024-02-02 |website=Associated Press |language=en}}{{Cite web |title=Legal News: ACLU Sues Murfreesboro Over Anti-Drag Ordinance |url=https://www.tba.org/?pg=TBANow&pubAction=viewIssue&pubIssueID=34203&mode=stream |access-date=2024-02-02 |website=Tennessee Bar Association}} The suit also alleges that city officials have engaged in a year-long concerted effort of harassment to prevent members of the Tennessee Equality Project from exercising their First Amendment rights.{{Cite web |last= |first= |date=2023-10-07 |title=ACLU of Tenn. sues over Murfreesboro anti-LGBTQ+ ordinance |url=https://www.losangelesblade.com/2023/10/07/aclu-of-tenn-sues-over-murfreesboro-anti-lgbtq-ordinance/ |access-date=2024-02-02 |website=Los Angeles Blade |language=en-US}}{{Cite web |date=2023-10-21 |title=Judge temporarily blocks Tennessee city from enforcing ban on drag performances on public property |url=https://apnews.com/article/pride-lgbtq-tennessee-dragshow-aclu-lawsuit-2a421c8f72dc93ddf6fa38708ac14f6f |access-date=2024-02-02 |website=Associated Press |language=en}} The case is being heard by U.S. District Judge Waverly D. Crenshaw, who issued an order on October 20, 2023 stating that the city "shall not" enforce code that included the term "homosexuality" in a definition of "sexual conduct".

The city council voted to remove the term "homosexuality" from the law itself, but the amendment doing so didn't go into effect until November 17, 2023.{{Cite web |last=Abels |first=Grace |title=PolitiFact - Did a city in Tennessee ban being gay in public? It's complicated |url=https://www.politifact.com/article/2023/nov/28/did-a-city-in-tennessee-ban-being-gay-in-public-it/ |access-date=2024-02-02 |website=PolitiFact |language=en-US}}

The city did use the ordinance to remove at least four LGBTQ+ books from the Linebaugh public Library system, as well as to institute a tiered organizational system that won't allow certain material to be checked out by anyone under a certain age without parental permission. The case settled on February 7, 2024, with the City of Murfreesboro agreeing to pay $500,000 and to repeal the ordinance, with both parties agreeing to file for dismissal of the case.

LGBTQ people are often discriminated against,{{Cite web |last1=Andrew |first1=Scottie |last2=Ries |first2=Brian |date=2019-06-19 |title=Cracker Barrel bans an anti-gay pastor from holding an event in one of its stores |url=https://www.cnn.com/2019/06/19/us/cracker-barrel-anti-lgbtq-pastor-trnd/index.html |access-date=2023-07-23 |website=CNN}} refused service,{{Cite web |last=Johnson |first=Chris |date=2020-01-08 |title=Tenn. Clerks told not to marry gay couples in letter from anti-LGBTQ lawyer |url=https://www.washingtonblade.com/2020/01/08/tenn-clerks-told-not-to-marry-gay-couples-in-letter-from-anti-lgbtq-lawyer/ |access-date=2023-07-23 |website=Washington Blade}} and beaten.{{Cite web |last=Riley |first=John |date=2018-07-13 |title=Tennessee man charged with hate crime for anti-gay assault |url=https://www.metroweekly.com/2018/07/tennessee-man-charged-hate-crime-anti-gay-assault |access-date=2023-07-23 |website=Metro Weekly}}{{Cite news |last=Timms |first=Mariah |date=2018-07-11 |title=Man charged with hate crime in Murfreesboro after alleged anti-gay assault |work=The Daily News Journal |url=https://www.dnj.com/story/news/2018/07/11/hate-crime-murfreesboro-anti-gay-beating/775772002/ |url-access=limited |access-date=2023-07-23}}{{Cite web |last=Sanders |first=Chris |date=2016-07-31 |title=TEP condemns Uber driver's anti-gay assault on Memphis businessman |url=https://www.tnep.org/tep_condemns |access-date=2023-07-23 |website=Tennessee Equality Project}}{{Cite web |date=2012-06-19 |title=Tennessee Man Beaten at His High School Reunion for Being Gay - Sometimes It Doesn't Get Better |url=http://www.back2stonewall.com/2012/06/tennesse-man-beaten-high-school-reunion-gay.html |access-date=2023-07-23 |website=Back2Stonewall}}{{Cite web |author= |date=2013-11-23 |title=Attackers beat store owner, write 'fag' on his forehead in alleged hate crime |url=https://www.lgbtqnation.com/2013/11/attackers-beat-store-owner-write-fag-on-his-forehead-in-alleged-hate-crime/ |access-date=2023-07-23 |website=LGBTQ Nation}}{{Cite news |last=Pearson |first=Deneisha |date=2013-11-22 |title=Police: Homophobic Slurs Written on Robbery Victim's Forehead |work=WBBJ-TV |url=https://www.wbbjtv.com/news/local/Robbery-Suspects-Write-Homophobic-Slurs-on-Victims-Body-233083251.html |url-status=dead |access-date=2023-07-23 |archive-url=https://web.archive.org/web/20131129221424/https://www.wbbjtv.com/news/local/Robbery-Suspects-Write-Homophobic-Slurs-on-Victims-Body-233083251.html |archive-date=2013-11-29}} Attackers who fatally wound LGBTQ people could use the gay/trans panic defense to lower or eliminate punishment.{{cite web |last=Holden |first=Alexandra |year=2019 |title=The Gay/Trans Panic Defense: What It is, and How to End It |url=https://www.americanbar.org/groups/crsj/publications/member-features/gay-trans-panic-defense/ |access-date=2023-07-23 |website=American Bar Association}} Often police and legal officials are sympathetic towards the anti-LGBT aggressors and turn a blind eye to attacks{{Cite web |last=Bollinger |first=Alex |date=2019-11-22 |title=Anti-gay prosecutor under investigation for bias won't prosecute death of gay teenager |url=https://www.lgbtqnation.com/2019/11/anti-gay-prosecutor-investigation-bias-wont-prosecute-death-gay-teenager/ |access-date=2023-07-23 |website=LGBTQ Nation}} often calling homosexual attractions a sin.{{cite news |last=Chiiu |first=Allison |date=2019-06-14 |title=Tennessee cop Grayson Fritts under investigation for preaching that the government should execute LGBTQ people - The Washington Post |newspaper=The Washington Post |url=https://www.washingtonpost.com/nation/2019/06/14/they-are-worthy-death-cop-preached-that-government-should-execute-lgbtq-people/ |url-access=subscription |access-date=2023-07-23}}

In April 2021, it was reported that widespread economic and social impacts on Tennessee could be felt - due to the amount of anti-LGBT bills and laws within Tennessee (like a similar situation back in 2016 within North Carolina regarding the bathroom laws).{{Cite web|last=Hood|first=Abby Lee|date=April 28, 2021|title=Tennessee Faces Economic Backlash Over Discriminatory Legislation|url=https://patch.com/tennessee/across-tn/tennessee-faces-economic-backlash-over-discriminatory-legislation|access-date=2021-05-31|website=Tennessee Lookout|language=en}}

• Recognition of same-sex unions in Tennessee
• Tennessee Equality Project
• Tennessee Transgender Political Coalition

{{reflist|colwidth=30em}}

• {{usurped|1=[https://archive.today/20130204231113/http://ttgpac.com/ Tennessee Transgender Political Coalition]}}

{{LGBTQ rights in the United States}}{{Portal bar|LGBTQ|Politics|United States|Tennessee}}

{{DEFAULTSORT:Lgbt Rights In Tennessee}}

Rights

Tennessee

Category:Politics of Tennessee

Category:Tennessee law