The backlash against the Supreme Court's marriage ruling is coming sooner or later. There has been talk of a special session. While we may avoid that fate, it's still coming. Whether now or in January, it will be one of the toughest legislative sessions in years. There will be bills purporting to protect pastors, businesses, and elected officials from having to deal with our community. In other words, we will face a storm of hatred and discrimination and we will have to fight like never before.
We are setting up POWER Teams across the state. Sign up now and we'll set up training sessions starting in late September that run throughout the fall. You'll learn about legislation, working with the media, rallying support, social media campaigns, and communicating with legislators. Those who attend the two-part training sessions will gain advocacy skills and a POWER Team shirt.
We need you. Sign up for the POWER Team near you at the link.
David Payne, who coordinates Tennessee Open For Business in the Knoxville area, reports the following new members of the program:
"Bring It” Food Hub, Memphis
Chattanooga Wedding Officiants, Chattanooga
Darron Kidwell, Edward Jones Investments, Knoxville
Sapphire: A Modern Bar and Restaurant, Knoxville
The Hill, Knoxville
Lee Law Group, Johnson City
Movement Arts Collective, Red Bank, TN
Greene Skirts, Chattanooga
RFC Co, dba Johnstone Supply, Knoxville.
Tennessee Equality Project is pleased to welcome them all. If your company would like to join free of charge, it's easy at this link.
Question: Aren't LGBT people already protected by federal and/or state law?
Answer: No, the words "sexual orientation" and "gender identity or expression" are not found in federal employment law. Look up the 1964 Civil Rights Act and the Tennessee Human Rights Act, and you will not find those words included in the text.
Question: How does the proposed ordinance apply to the private sector?
Answer: It doesn't, except that passage will show Chattanooga is a welcoming city and that will attract even more talented people to the area. The ordinance itself only covers city government jobs.
Question: Have other local governments in Tennessee passed similar ordinances?
Answer: Yes. Metro Nashville, the City of Knoxville, the City of Memphis, and Knox County have passed similar ordinances.
Question: What about restrooms? Won't people feel uncomfortable?
Answer: The key issue with restrooms is safety. This year OSHA has started to recommend that employers allow people to use the restroom that matches their gender identity. A transgender woman, for example, faces the risk of being attacked in a men's restroom and that is an unacceptable risk. Transgender people enter the restroom that matches their gender identity in order to be safe and use the restroom, not harass others.
Question: Where can I find the text of the proposed ordinance.
Answer: You can find it at this link.
There's a lot of talk in the national media about what's next. Some of it seems spot on. Some of it feels far away from Tennessee. Here are some items to provide a sense of what's next in Tennessee.
1. Finishing the job on marriage equality in Tennessee. The Supreme Court ruling was the end of one process and the beginning of another. It struck down state bans on marriage by same-sex couples, but it didn't guarantee quick implementation, as we saw in many states. TEP marriage sentinels worked hard to monitor the compliance of county clerks around the state and, with the Decatur County situation resolved, we're at 100%. DMV compliance is high and fully supported at Tennessee Department of Safety and Homeland Security headquarters. State government and University of Tennessee system employees are getting equal benefits and Tennessee Board of Regents schools have also begun the process. Local government employees are beginning to get notification that they are included, too. We need to continue to monitor all these developments, but Tennessee is standing out in its implementation of the Supreme Court ruling.
2. Avoiding a special legislative session. The day of the marriage ruling, some members of the Tennessee House began calling for a special session in order to advance bills designed to curtail the access to and benefits of marriage for same-sex couples. It appears we may avoid a special session, and I am proud of the work the Tennessee Equality Project policy team did in reaching out to legislative leaders, even during the holiday. So part of "what's next" is doing all we can to avoid a rush to legislative discrimination.
3. Negative bills will eventually come, though. Even if we avoid a special legislative session, we can expect negative bills allegedly designed to protect pastors, businesses, and even county clerks from the marriage ruling. It will take an incredible effort to defeat them.
4. Local advances. I don't see much prospect for positive state legislation when the General Assembly convenes. But we can advance a strong and positive agenda in county and city governments. You can check out our ideas here. And right now there are things we can do to bring back Chattanooga's non-discrimination ordinance!
5. Comprehensive human rights protections. We need sexual orientation and gender identity added to laws against discrimination in employment, housing, public accommodations, education, etc. As I noted, I would not expect them at the state level. Even at the federal level, the climb is steep. There are steps we can take to make ourselves safer here and now, though. We can expand the Tennessee Open For Business network, which is the best way for businesses throughout the state to show they don't discriminate. Your business can join at this link. And we can advance inclusive anti-bullying protections in local school districts around the state, as I mentioned in the local advocacy agenda mentioned previously.
We all know there is plenty of work to do. It's time to use our momentum to consolidate the marriage victory, hang on through the storm of negative legislation, and make even more progress where we can. Your contributions can help at this link.
In November 2013, a combination partner benefits/non-discrimination ordinance passed the Chattanooga City Council and was signed into law by Mayor Andy Berke. In August 2014 it was repealed by a majority of the voters. Now Councilman Chris Anderson is bringing back the non-discrimination portion of the ordinance. It is up for first reading on July 14.
The ordinance adds sexual orientation and gender identity and expression to the city's non-discrimination policy for government employees. Marriage equality doesn't automatically bring workplace equality and there are no federal or state protections in statute for LGBT people. So the policy is important. It matches what Metro Nashville, Knoxville, Memphis, and Knox County have already done.
Advocates are encouraging citizens supporting the ordinance to wear red and attend the July 7 Council meeting. RSVP at the link.
If your Chattanooga-area business, congregation, or community organization would like to endorse equal protection for city employees, it's easy. Just endorse it at this form or email us at email@example.com and we'll add your name to a public list of endorsing organizations.
You probably saw the story about the hardware store owner in East Tennessee who put up the sign forbidding "gays" after the Supreme Court struck down state bans on marriage by same-sex couples.
Sadly, one the results was predictable. The whole region was painted with the broad brush of hate, even though people in East Tennessee widely reviled the store owner's actions.
What's actually going on with businesses in East Tennessee and the movement for equality? David Payne, a TEP volunteer, has been actively recruiting members of Tennessee Open For Business in the Region. Here are just a few of the recent additions to the program:
Price & Associates REALTORS®, LLC
Smoky Mountain Media Group
Anchors Hair Company
Bliss Home, Market Square
James Freeman Interiors
Tennessee School of Beauty
Three Rivers Market
Top Shelf Express LLC
Parlour (aka Palmer Sampson Designs)
The Knoxville Pearl
Ijams Nature Center
AC Entertainment (Bonnaroo)
La Roy’s Hair Salon
Nothing Too Fancy
RFC Co. dba Johnstone Supply
Chattanooga Ghost Tours
Katherine Stinnett Photography
Sanctuary Massage and Bodywork
Amy Petulla, Attorney/Mediator
And what do members of Tennessee Open For Business pledge? They pledge not to discriminate against their employees based on sexual orientation or gender identity and they pledge to serve their customers without discriminating based on sexual orientation or gender identity.
Any business in Tennessee can join by filling out the form at the link.
I often get asked a great question--"Will county clerks immediately begin providing marriage licenses to same-sex couples if the Supreme Court strikes down the ban?"
Maybe, but probably not.
First, most if not all county clerks will check with their county law director, who is probably going to be looking for guidance from the Tennessee Attorney General. It's not clear how much time that process might take.
Second, clerks may be delayed because they need new forms from Vital Records in the Tennessee Department of Health.
Neither interpreting the opinion nor creating and sending out new forms SHOULD take long, but state government doesn't always work on our timetable. It may take hours or days.
The other issue to consider is that Supreme Court rulings often take effect 25 days later. We don't know whether the situation will be different with this opinion.
So we're going to be ready for immediate marriages or the delays. If the delays drag on at the state level or with individual county clerks, we will work with our partners at the ACLU-TN and other local attorneys to break through the logjam.
Last night was the big mayoral candidate forum for the LGBT and ally community hosted by the Nashville LGBT Chamber of Commerce, the Tennessee Stonewall Bar Association, Tennessee Transgender Political Coalition, and Tennessee Equality Project.
Every candidate announced support for marriage equality and every candidate indicated a willingness to officate the weddings of same-sex couples.
On the eve of the Supreme Court marriage ruling this is good news. No doubt a general shift in attitudes around the country has helped. But let's not forget the work of current Nashville Mayor Karl Dean who has taken so many first leaps in Tennessee. Mayor Dean was the first in Tennessee to sign Freedom to Marry's pledge and he was the first to sign and work for an inclusive non-discrimination ordinance brought by the Metro Council. His public stands on concrete issues, including his opposition to anti-equality state legislation, have sent a strong signal that Nashville is and must be a welcoming place. It's great that all the candidates to replace him are in tune with where the city is heading.
If the Supreme Court strikes down state marriage bans, we fully expect several days of joyful celebrations as couples go get married. We have not heard of any specific threats and we generally expect county clerk offices to be safe. In many cases, the Sheriff's Office is close by or there is security on site, as there is in Nashville.
Nevertheless, opponents of marriage equality have been escalating their rhetoric. Violence and other disturbances are still a possibility. The bomb threat against the Memphis Gay and Lesbian Community Center took place just last month. We want you to be safe if you are going to get married or going to help once clerks start providing marriage licenses to same-sex couples.
Follow these steps:
1. Go together if you are getting married. You have to appear together at the clerk's office in most cases if you are getting married. If you are going as a marriage guardian, consider finding someone to accompany you.
2. Remember that protests are legal. Opponents are misguided, but they have the right to protest the Supreme Court decision. They do not have the right to touch/strike you, block your entrance to the county clerk's office, or threaten you. You may encounter protests. If you do, contact us after you get your marriage license at firstname.lastname@example.org .
3. If you are grabbed, blocked, or threatened, get to safety (which may include the inside of the clerk's office) and call 911, your Sheriff's Office (or Metro Police if you're in Nashville). Do not risk harm to yourself; return when it is safe if necessary. After you have contacted law enforcement, let us know at email@example.com or text 615-390-5252 and let us know your name, county, and situation.
4. Major Emergencies. If you hear gun shots or explosions, FLEE immediately. Call 911 or local law enforcement. After you get to safety and have contacted local law enforcement, contact us at firstname.lastname@example.org or text 615-390-5252 so that we can make others aware.
Once clerks begin providing licenses to same-sex couples, we believe in the vast majority of cases that everyone will be safe. No county government in this state wants violence on its property and we believe law enforcement and security will do everything in their power to make you safe. It is prudent to be aware and have a plan in case things become dangerous, though.
The Summer of Love tour came to McMinnville today and we had our first marriage proposal. Kris, the tour stop organizer, proposed to his partner Gregory on bended knee and 27 of us including allies were there to witness this incredible expression of hope and love. We think there was another first as well. It may have been the first public LGBT event ever in McMinnville. It won't be the last, though. I detected a strong interest among the group to meet on a regular basis.
We are grateful to Kris and Gregory for hosting us and for sharing their big moment with us.
The region, like much of the rural South, could use more moments that celebrate diversity and inclusion. I was reminded of that on the way from Nashville. I drove to Murfreesboro and caught Mercury Blvd. through Woodbury and on into McMinnville. There are historical markers for the Trail of Tears and a spot where Confederate Colonel Nathan Bedford Forrest rested on his way to what was then called Murfreesborough. Ghosts of a bloody past peeking out from behind some of the most beautiful natural scenery in the state where wild turkeys and deer still roam (I saw both).
I believe LGBT people and allies can help take the region forward and I met a lot of people today who are going to try.