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HRC sues Tennessee over bathroom bill as school year starts

“The state’s political leaders are making Tennessee a dangerous place for our daughter, & other children like her.”

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Estes Kefauver Federal Building & Courthouse, Nashville Tennessee (Photo Credit: U.S. Courts)

NASHVILLE – The Human Rights Campaign, (HRC) has filed suit in the U. S. District Court for the Middle District of Tennessee challenging the Tennessee law that denies transgender students, faculty, and staff access to the bathroom, locker rooms and other sex-segregated facilities consistent with their gender identity. 

The suit filed Tuesday by the Washington D.C. based LGBTQ advocacy group joined by the law firms of Linklaters and Branstetter, Stranch, & Jennings PLLC,  is on behalf of two Trans students currently enrolled in Tennessee schools and alleges that the law violates Title IX, the 1972 federal law that protects against sex discrimination in education.

HRC in a press release noted that its federal suit was brought on behalf of 14-year-old Alex* and his parents, Amy A. and Jeff S., as well as 6-year-old Ariel* and her parents, Julie and Ross B.

“Alex is excited to start high school this fall where he will be an honor student. His family relocated to Tennessee in 2018 to build their ‘forever home’ in an incredibly supportive and tight-knit neighborhood and Alex takes pride in being involved in his community and has created strong friendships among his peers at school.”

We didn’t know we had a trans child when we relocated to Tennessee—if Alex had come out to us before the move, we wouldn’t have come here. It makes me so angry that our elected officials have chosen to target trans kids. If lawmakers were to take the time to get to know my son, they would see that he is an amazing, smart, caring, creative person who has so much to offer. Alex just wants to be a regular kid. He should be able to look forward to starting high school without the added layer of anxiety about something as basic as using the bathroom

Amy and Jeff

He came out as transgender before the 7th grade, however, in 7th grade he was not allowed to use the boys’ restroom. Instead, Alex was forced to either use the school nurse’s private bathroom or the restroom that corresponded to his gender assigned at birth—not due to statewide legislation, but instead due to the school policy. Both options were alienating and isolating for Alex who instead stopped drinking liquids at school to avoid having to use the facilities.

Due to COVID-19 pandemic-related issues, Alex transferred to a private school for 8th grade that affirmed his gender identity, including permitting access to the boys’ restroom—Alex enjoyed a great year, without incident. He is also looking forward to starting high school at the public school near his home, but due to Tennessee’s anti-Trans bathroom law, He will again be forced into using restrooms that are stigmatizing or forgo using the bathroom altogether.

To protect Alex, Amy and Jeff are considering moving from their beloved community and leaving their ‘forever home’ behind out of fear for Alex’s safety at school and emotional wellbeing, the statement concludes.

In the case of the second plaintiff, HRC noted: Similar to Alex, Ariel’s family built their ‘forever home’ from the ground up in a neighborhood they fell in love with and that fills Julie, Ross, and Ariel with happiness and friendship.

Ariel began expressing her gender identity at 2 years old and when she was nearing 4 years old, Julie read the children’s book “I Am Jazz,” to Ariel that tells the story of a transgender girl. When the main character explains that she “has a boy body with a girl brain.” Ariel immediately lit up with excitement and eagerly told her mother, “that’s me, momma, I have a boy body with a girl brain.”

Since Ariel began her social transition at 4 years old, her classmates, their parents, teachers and school administrators have only known Ariel as her authentic self. When she was enrolled in kindergarten, her school was receptive and understanding of her gender identity and has largely protected Ariel from stigmatizing experiences.

In anticipation of Ariel starting 1st grade at a different school this fall, Julie reached out to the principal to discuss accommodations for her daughter.

Since Tennessee’s bathroom law is enacted, Ariel will have to use the boy’s restroom or the private nurse’s bathroom despite only ever using the girl’s restroom. Due to her young age, Ariel does not understand the law’s ramifications or why she is being told to use the boy’s bathroom.

The state’s political leaders are making Tennessee a dangerous place for our daughter, and other children like her. We are extremely worried about her future here, and the bills that are being passed have put us in panic mode. They are attacking children that cannot defend themselves for what appears to be political gain over a non-existent problem. We wish our leaders would take the time to speak with transgender youth and adults—instead, their fear of the unknown is unnecessarily leading their actions and causing irreparable harm to these children

Julie and Ross

Julie and Ross are also considering moving out of Tennessee due to these anti-transgender laws out of fear for their growing daughter, the statement concluded.

Under Title IX of the Education Amendments of 1972; Title IX expressly prohibits discrimination on the basis of sex in federally funded education programs. In June the U.S. Education Department announced it would expand its interpretation of federal sex protections to include transgender and gay students. The new policy directive means that discrimination based on a student’s sexual orientation or gender identity will be treated as a violation of Title IX.

The lawsuit also alleges that the law violates the Equal Protection and Due Process Clauses of the U.S. Constitution. Earlier this month, the U.S. Supreme Court’s decision to deny certiorari in Grimm v. Gloucester County School Board left in place a federal circuit court decision recognizing the rights of transgender students under the Equal Protection Clause and Title IX.

In July a federal judge blocked a new law in Tennessee that required businesses and other entities that allow transgender people to use the public restroom that matches their gender to post a government-prescribed warning sign.

“This law is bad for businesses in Tennessee, and most importantly, harmful to transgender people,” said Hedy Weinberg, ACLU of Tennessee executive director. “We are glad the court saw that this law is likely unconstitutional and hope that the state gives up the wasteful effort to defend discrimination and a violation of the First Amendment.”

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Tennessee

Felony arrest in vandalism of Pride Merch at Knoxville Target store

Jonathan Burns was arrested after he was identified by investigators as the suspect in spray-painting a section of LGBTQ+ Pride merchandise

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Arrest mugshot of Jonathan Burns courtesy of the Knox County, Tennessee Sheriff's Office

KNOXVILLE – A thirty-one-year-old West Knox resident was arrested last week by the Knoxville Police Department, with the help of the Knox County Sheriff’s Office, and charged with felony vandalism at a local Target store.

Jonathan Burns was arrested after he was identified by investigators as the suspect in spray-painting a section of LGBTQ+ Pride clothing & merchandise.

Knoxville NBC News affiliate WBIR-TV, Channel 10 reported:

On June 13 at 2:49 p.m., Burns entered the Target on Parkside Drive and spray-painted an entire section of merchandise placed out for Pride Month, KPD said. 

Burns damaged $3,884 worth of clothing, according to KPD. They also said he used red spray paint to destroy the entire section of items as well as a sign in the section, and it was the only section that was vandalized. The sign cost an additional $16 in damages. 

An employee had approached Burns and asked him to leave, according to a KPD report.

When Burns left the Target, he dropped the spray paint can on the ground. Fingerprints on the can confirmed Burns’ identity. Evidence of him purchasing the spray paint and a bucket hat from local retail prior to the incident was secured. Video from Target and the retailer where the paint and hat were purchased depicted Burns wearing the same clothing, the report said.

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Tennessee

GOP congressional candidate: Homosexuality and Transgenderism are evil

“LGBQT+ movement seeks to destabilize our country with divisive rhetoric-Transgenderism and Pedophilia are now rampant in our society”

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Graphic by Stewart Parks for US Congress TN 5th District Campaign

NASHVILLE – A Republican contender for the Congressional seat currently held by retiring Tennessee Democratic Rep. Jim Cooper announced that he seeking to outlaw Pride, same-sex marriage, and trans people if elected.

In a Facebook post, Stewart Parks, who labels himself a “Republican Southern Christian Conservative Values” politician wrote:

If you elect me, this month will be the last National Gay Pride month ever celebrated. We need to elect people into US congress that will stand up and say Homosexuality and Transgenderism are evil.

I will push to have the 2015 Obergefel vs Hodges ruling overturned which legalized same sex marriage. Two men and two women cannot come close to a unified man and woman married. I want to bring back DOMA (Defense of Marriage Act) which safeguarded the institution of marriage.

Sexual Liberation is NOT western values. LGBQT+ movement is communist as they seek to destabilize our country with their divisive rhetoric and destroy families. Transgenderism and Pedophilia are now rampant in our society.

We have to ban it asap and safeguard our children against it. We have to get Transgenderism out of our schools.

When I win this election everyone will know their gender again🎉🎉🎉 the populace will know Men cannot get pregnant and can actively define a woman.”

Photo via Stewart Parks for US Congress TN 5th District Campaign

In a 2022 candidate survey by Ballotpedia, Parks was asked about his political positions:

Please list below 3 key messages of your campaign. What are the main points you want voters to remember about your goals for your time in office?

  • End Abortion Forever
  • Impeach Joe Biden, Kamala Harris, and Kentanji Brown Jackson.
  • Ban Transgenderism, Same Sex Marriage, Left Wing Radicalization in our Schools

What areas of public policy are you personally passionate about?

Ending abortion FOREVER! 1973 Roe vs Wade legalized the slaughtering of babies and must be overturned ASAP. The far left has deceived and lied their way into our school systems to the point our students have no idea what gender they are. I will ban Transgenderism and remove this horrible idea from our way of life. 2015 Obergefel vs Hodges was one of the worst Supreme Court decisions ever made. The ruling legalized same sex marriages which is an erroneous idea. Marriage is only between one man and one woman. The far left wants to keep the pandemic alive. Stewart Parks says the pandemic is over! The communist Chinese government intentionally created the virus in the Wuhan lab and leaked it to the world to advance the communist new world order. Communism and Socialism is evil and must be removed from our way of life!

Is there a book, essay, film, or something else you would recommend to someone who wants to understand your political philosophy?

The Bible

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Tennessee

Tennessee bans collegiate Trans athletes

The law also requires Tennessee colleges to determine a student-athlete’s gender using the student’s “original” birth certificate

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Tennessee Republican Governor Bill Lee/State of Tennessee YouTube

NASHVILLE – Republican Governor Bill Lee signed a bill last Friday that effectively bans transgender women from competing on college sports teams consistent with their gender identity in Tennessee.

The new law, Senate Bill 2153, “prohibits males from participating in public higher education sports that are designated for females.” The law also requires Tennessee colleges to determine a student-athlete’s gender using the student’s “original” birth certificate.

Every university and college in the state will also be required to adopt and enforce a policy ensuring compliance with the new law. The measure would also prevent any government entity, organization or athletic association from taking “an adverse action” against a school that complies with the law or a student who reports a violation.

“This law sends a horrible message that trans and nonbinary youth can be excluded from the many benefits of participating in sports,” Chris Sanders, the executive director of the Tennessee Equality Project, said Friday in a statement issued by the Human Rights Campaign. 

“More broadly, it also stains those who are complicit and creates habits of lawmaking that endanger everyone in Tennessee,” he said. “Legislation crafted from animus and ignorance protects no one.”

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