While some of the proposed bills have been tabled, others target trans people and pride flags
This story was originally published by MLK50: Justice Through Journalism. Subscribe to their newsletter here.
When a group of LGBTQ advocates held an online press conference earlier this month, it was to sound an alarm. At the time, 34 bills characterized by the American Civil Liberties Union as anti-LGBTQ had been introduced by the Tennessee legislature — up from 2023’s 26.
In fact, since 2015, Tennessee has passed a score of anti-LGBTQ laws, more than any other state; it’s been called the no. 1 state in the country for targeting LGBTQ Americans.
Transgender people, in particular, have been targeted, advocates said.
“Since the assault on trans rights reached these unprecedented political levels last year, we have seen more young people reach out to OUTMemphis than ever before,” said Molly Quinn, executive director of the LGBTQ service provider.
Yet, since that March 4 press conference, there’s better news for the trans community. One bill, Senate Bill 2396/House Bill 2816, aimed at transgender adults, has been tabled for the moment. (It could return during the next session.) It requires certain clinics and insurance entities to report detailed information about gender transition prescriptions, procedures or referrals, as well as some individual patient information.
Quinn qualified that bill as “state surveillance of gender-affirming care, which translates to state surveillance of transgender people.”
Another deferred bill would also affect the broader LGBTQ community; SB 2780/HB 1995 creates a marriage license for heterosexual applicants only.
And, a bill that advocates say has a lot of momentum does not specifically target trans people but the entire LGTBQ community. SB 1722/HB 1605, which disallows pride flags in schools, has passed in the House and is expected to be on the Senate calendar. Activists say it will probably pass this session.
At publication time, the following bills are on the table: An anti-trans “bathroom bill,” SB 2781/HB 1949, makes it a criminal offense for trans people to use the bathroom consistent with their gender identity. SB 2766/H B1634 removes “gender identity” from the school curriculum. And SB 2749/HB 2936 limits youths’ autonomy over their education and medical care and hinders support from non-family members.
Lucas Cameron-Vaughn, a staff attorney with the ACLU of Tennessee, says other anti-transgender bills in Tennessee that the ACLU is watching include SB 1738/HB 2169, which allows the Department of Children’s Services to place foster transgender youth with legal guardians who do not accept or affirm their gender identity.
SB 620/HB 1414 would allow schools to misgender transgender students even when parents instruct the school otherwise; and SB 1810/HB 2165 would require schools to out transgender students to school administrators and their families, regardless of any harm they might face from abusive family members.
“Transgender people in Tennessee right now are in a fight for their lives,” said Cameron-Vaughn. “The Tennessee General Assembly is consistently passing laws to make their lives harder and more dangerous.”
Last year, one of the most extreme laws passed was a ban on gender-affirming care for transgender youth. It denies under-18 trans people the freedom to access healthcare they may need.
That law went into effect in July. Those who began treatment before the ban must end it by March 31.
On Nov. 1, 2023, the ACLU and other legal organizations, on behalf of transgender adolescents, their parents and a Memphis physician, asked the Supreme Court to review the Circuit Court decision banning gender-affirming care.
There are an estimated 3,100 trans youth between the ages of 13 and 17 in Tennessee out of a total of 30,800 trans Tennesseans.
“A lot of transgender adults feel like the General Assembly is just getting started with young people because they’re an easier population for them to target and control,” Cameron-Vaughn said, “but that they will be next aiming laws at transgender adults. And, in fact, they’ve already started to do that.”
According to OUTMemphis’ Quinn, her organization has received an increased demand for emergency services in the past two years, including requests for housing and mental health interventions. The organization has had to hire staff and create new programs, such as its recent offering of $500 micro-grants to trans individuals in the Mid-South to cover one-time expenses, such as seeking gender-affirming care.
Still, advocates say they have been buoyed by the activism by Tennessee transgender people and their families.
“LGBTQ plus people have always had to pioneer liberation,” said Molly Whitehorn, regional campaign director for the Human Rights Campaign. “The time is now to show up to hearings, to call and email lawmakers, to organize our communities and to send a clear message.”
You can sign up for ACLU action alerts regarding pending legislation, with ways to contact your legislators, at the ACLU website. The Tennessee Equality Project suggests political actions on its blog.
On Friday from 2 p.m. to 7 p.m., OUTMemphis will hold the “I Am” Trans Resource Fair at the Junior League of Memphis, 3475 Central Ave.
Sono Motoyama is the science writer for MLK50: Justice Through Journalism. Contact her at sono.motoyama@mlk50.com.
