Tennessee
Tennessee’s First Elected Trans Official May Be Forced to Use Men’s Room
The first trans person to be elected to office in Tennessee is being treated as a second-class citizen and may be forced to use the male bathroom at work despite identifying as female.
Five women, including openly transgender member Olivia Hill, were handed a sweeping victory on Sept. 14 by winning all the seats at large during Nashville Metro Council’s election and making the body majority female. However, the historic election victory is being overshadowed by an anti-LGBTQ law quietly passed in May that will make it harder for Hill to do her job and simply live her life in the state.
Senate Bill 1440/House Bill 239, which went into effect on July 1, establishes sex in all state codes as “a person’s immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person’s biological sex.”
What is most disturbing is the ambiguity of the law—a one page document that simply states that sex is now defined by anatomy at birth.
The law seems designed to be slippery, so that it can be nefariously enforced depending on any given interpretation. Many trans individuals in the state have proudly changed their government documents to reflect their gender identity. (Tennessee is however the only state to not allow birth certificates to be changed.) The law does not say that trans Tennesseans must change their driver’s licenses, or any other legal documents, back to their assigned gender at birth—but it creates a gray area that leaves sinister wiggle room for discrimination.
The law prioritizes discrimination at the expense of federal funding. Because the law is not in accordance with federal non-discrimination laws, according to the state’s fiscal review, Tennessee runs the risk of losing up to $2 billion in federal funds for passing the law. Bill sponsor Kerry Roberts said it was a risk worth taking. “I mean, if defining sex, as it has traditionally meant for years in the dictionary, costs us federal funds. There’s something wrong with Washington DC,” she said.
State Senator Jeff Yarbro, however, has been outspoken in defiance of the discriminatory laws, saying “I don’t know why on earth we would take the risk of losing $2 billion of annual federal funding in order to provide a definition that nobody really thinks needs fixing.”
Hill told The Daily Beast she’d been fastidiously following the legislation since it was introduced in the Senate. “They slid it right through,” she said.
She said she has no plans to change her driver’s license back to male but admits she knows the risk she faces. “If I get pulled over for rolling through a stop sign, or something simple, and I provide my driver’s license to a police officer, and he asks if everything on that document is correct… if I say, ‘yes,’ I’ve just provided a false ID—which is a felony,” she said.
The law also opens up Hill, and all trans individuals in the state, to continued stress around the long belabored issue of bathroom usage. With sex legally defined now by anatomy at birth, the Tennessee law essentially removes non-discrimination laws from being able to protect LGBTQ Tennesseans. Much like the law does not explicitly say that a trans person must change their identifying documents, it also does not say that they must use the restroom in accordance with how they have now defined sex. But the law creates another insidious loophole with which bad actors could weaponize and discriminate.
Hill worries about using the women’s room in council buildings while she’s simply trying to do the job that she was elected to do. Within council chambers there are single occupancy restrooms, but just outside in the hall in the state building where they are located, are gendered restrooms. And while it would be absurd for Hill to be made to use the men’s room, that doesn’t mean that someone wanting to discriminate against her for using the women’s bathroom couldn’t try to use this new law to put her in jail—another place Hill points out, where she would be forced to be misgendered due to this law.
Despite the anxieties that this new law has inspired, Hill spoke of the warm reception she’s received among council members. “It’s been wonderful,” she said. She did not wish to name names, but said that many had expressed to her that they would look the other way if the restroom issue came up.
But operating on good faith can be dangerous. On the same city council are other politicians whose values do not align with those who expressed support for Hill. Jeff Eslick for example, who won District 11 by 49 votes against open LGBTQ candidate Eric Patton, put out attack ads calling Patton “gay and tired” along with other transphobic rhetoric.
The Human Rights Campaign’s legal director Sarah Warbelow said in a statement that “extremist Tennessee Senators are continuing their assault on LGBTQ+ Tennesseans’ ability to live their lives openly and honestly.”
“This is their latest cruel attempt to stigmatize, marginalize and erase the LGBTQ+ community, particularly transgender Tennesseans. Let’s be clear: the goal of this bill is to exclude the LGBTQ+ community from nondiscrimination protections in the state of Tennessee and to perpetuate a false narrative of who transgender people are,” she said.
ACLU Tennessee Transgender Justice Advocate Henry Seaton said it was unclear what effect that law would have. “I know this is going to have a real implication. But it’s hard to predict where that real implication is going to be. A whole can of worms that are unexpected and can have really horrifying and just confusing and not understandable consequences,” he said.
As conservative state legislatures have been unabashedly waging war against LGBTQ rights, Tennessee has grimly ranked number one in anti-LGBTQ legislation proposed and passed. Since 2015 the state has passed 19 anti-LGBTQ bills into law. This year alone Gov. Bill Lee signed the nation’s first drag ban and also banned gender affirming healthcare for trans youth.
For Hill, a Navy veteran who was deployed during Operation Desert Storm, the whole issue frustratingly takes away from her hard-won win. She has fought to overcome homelessness and also won a discrimination lawsuit against her former employer, Vanderbilt University.
She said she isn’t going to let the fear of discrimination derail her from addressing the issues that she cares about, including improving utilities, infrastructure and public transit.
“I’m a plumber, pipe fitter, welder, mechanic, engineering specialist. I’m kind of a nerd when it comes to this stuff, and those are the things that excite me. I ran as a qualified human to sit at the table. It just so happened that I am the first trans person,” she said.
Tennessee
Injury Report: Tennessee's Cade Phillips 'getting his chippiness back' despite shoulder injury
Tennessee Basketball’s injury report on Tuesday night once again listed only sophomore forward JP Estrella, who had season-ending foot surgery in November, as out for Wednesday’s game against Georgia.
But the left shoulder injury for sophomore forward Cade Phillips isn’t going away. Phillips continues to wear a brace on the shoulder in practice and games, playing through pain while hesitating to the left arm he injured in the second half against Arkansas on January 4.
“Cade is tough as nails, that’s a good thing,” Tennessee assistant coach Lucas Campbell said before practice on Tuesday. “In the games he’s told me adrenaline takes over and he starts to just go.”
No. 6 Tennessee (15-1, 2-1 SEC) and No. 23 Georgia (14-2, 2-1) on Wednesday are scheduled for an 8 p.m. Eastern Time start (TV: SEC Network) at Food City Center. The Bulldogs listed all players as available on Tuesday’s injury report.
Phillips scored four points in 10 minutes off the bench in the 74-70 win at Texas on Saturday night, going 2-for-3 from the field with four rebounds. He played just three minutes in the loss at Florida last Tuesday.
“He missed a bunny there (at Texas),” Campbell said. “I don’t know if that had to do with his shoulder or not, but he did a great job. He had a nice put-back dunk.
“He’s getting his chippiness back. We need that. He’s probably the most physical big we have as far as hitting people.”
Cade Phillips suffered dislocated shoulder injury vs. Arkansas
Head coach Rick Barnes said Phillips “battled” through the injury at Texas.
“Really proud of Cade Phillips tonight,” Barnes said after the win at Texas. “Really proud. He went in the game and he battled. And his shoulder is not what it needs to be.”
The ESPN2 broadcast of the Tennessee-Florida game described the injury as a dislocated shoulder. He has worn a brace on his left shoulder since suffering the injury.
Barnes said after the Arkansas game that Phillips could have played more in the second half after getting hurt, but the score didn’t make it necessary.
Cade Phillips averaging 15.9 minutes per game off the bench
Phillips is averaging 5.9 points and 4.1 rebounds in 15.9 minutes per game this season.
He was injured while chasing a loose ball in the second half against Arkansas, going to the Tennessee locker room briefly before returning to the floor. He finished the Arkansas game 11 minutes played.
The three minutes he played at Florida was a season low.
“He wasn’t the same in terms of like the one lob he went up for,” Barnes said last week, “he didn’t even raise his left arm. He went up and tried to get it one-handed, which that’s one reason he didn’t play more.”
“Cade’s tough,” Barnes added. “He’s never going to complain. He’s just … I could tell he wasn’t normally what he is.”
Tennessee
Tennessee General Assembly convenes for session expected to focus on voucher issue
Tennessee legislature: 3 key issues to watch
The 114th Tennessee General Assembly convenes on Jan. 14 for a new two-year term.
The 114th General Assembly gaveled in at the Tennessee state Capitol Tuesday for a legislative session expected to largely focus on education issues as Gov. Bill Lee seeks to push through a private school voucher proposal.
With few election shake-ups last fall, lawmakers returned to a legislature with little change in the status quo. Republicans still hold a strong supermajority, and prexisting leadership will preside over both chambers.
Senate Republicans on Tuesday reelected Lt. Gov. Randy McNally, R-Oak Ridge, as Speaker of the Senate. Senate Democrats all abstained from the vote.
“Each General Assembly I’ve gaveled in seems to be better than the last,” McNally said.
In the House, Speaker Cameron Sexton, R-Crossville, also easily won reelection to lead the chamber. Democrats nominated House Minority Leader Karen Camper, D-Memphis, and unanimously voted for her.
“The people of District 52 will not vote for an authoritarian!” Rep. Justin Jones, D-Nashville, yelled from his seat before casting his vote for Camper.
As Republican members called their votes for Sexton, a spectator yelled out “boo!” and “gross!” from the west gallery – prompting a chuckle from the sitting speaker, who stood to one side as the election was held.
“I greatly appreciate all that voted for me today, and for those of you who didn’t, I do know some of you wanted to, and I understand that,” Sexton said. “Over the last five years, we’ve all learned a lot. My goal is to be more efficient, empower Tennesseans over the government and uphold our constitutional duty of public oversight.”
Notably, some desks were rearranged on the House floor since last year. Jones and Rep. Justin Pearson, D-Memphis, who had previously been seated near each other and have frequently clashed with their Republican colleagues, were both moved. Pearson is now seated next to Rep. Vincent Dixie, D-Nashville, in a sea of Republican desks across the chamber from the Democratic caucus. Jones has been moved to the front, near the speaker’s dais.
The House Select Committee on Rules convened later Tuesday afternoon to discuss proposed changes to the rules. Ahead of the meeting, proposed rules changes included a limit on the number of bills each member can propose, and a “three-strikes” rule proposing to permanently ban members of the public found to be disruptive from the gallery.
The initial weeks of a legislative session are often slow-moving as committees get settled and bills began to make their way through the legislative process. The Senate is expected to name committee assignments on Thursday. Many eyes will be on the appointment of the Senate Education Committee chair after former Sen. Jon Lundberg’s ouster last year in the GOP primary. The committee will prove pivotal in the voucher issue.
Advocates on both side of the issue mingled in the Capitol halls on Tuesday.
There are rumblings that Lee intends to call a special session in late January on his voucher bill.
The effort failed last year amid legislative gridlock. A special session call would allow lawmakers to narrow their focus on the issue, which could be tied to disaster relief funding for areas of East Tennessee.
Tennessee
Archibald: Let’s rename the world, but start with Tennessee
This is an opinion column.
Who knew it was an option to simply change the names of things that don’t belong to us?
The possibilities are endless. You don’t have to actually change anything. You just have to call it something else.
For personal reasons, I’d like to rename Tennessee “Dorkland.” No offense to actual dorks. For personal reasons, Tennesseans have called me worse.
I’ve never understood why Alabama, which presumably dares defend its rights of way, allows the Dorkland River to flow freely in and out of its borders. Maybe we should just call it the River Sticks. Because you cross it to get to hillbilly hell.
It’s freeing to rename things that annoy you. There’s a president, I mean precedent, for it. And bodies of water are a good start.
Lake Superior is in the state of Canada, for Pete’s sake. It should rightly be called Lake Inferior. And the Pacific Ocean sounds like some hippy dippy draft dodger with “bad feet.” Let’s call it the Ocean of American Might. That’ll make waves.
Most rivers in Alabama are named for Native American culture, and I like that, except in the case of the one mentioned above. Lakes, on the other hand, are generally named for Alabama Power execs or their mothers, lawyers, engineers or friends. I’d change them in a Reddy Kilowatt, to Atlantic, Ventnor and Marvin Gardens. Park Place and Boardwalk. You know. Monopoly properties.
I guess New Mexico has to change. But I’m sure smart people are already thinking that.
I’m curious, too, why we never bothered to name the moon. It’s there every night and it’s just … moon. It’s like calling your dog “Dog” or your kid “Kid.” We planted a flag in that thing, so give it a fitting name: Yankee Doodle Flashlight. Or is it a gaslight?
But before you can change the heavens you have to change the wrongs closer to home.
There’s an Alabama town called Cuba 11 miles west of Intercourse. Of course we can’t have that. Cuba, I mean. We’ll call it Foreplay instead.
An hour northeast of Needmore, a little less than an hour northwest of Smuteye, is the community of Little Texas. There are only about 1,200 people there, but they need to own it. Forget the Little, and just call them Texas. The state of Texas? We’ll call it West Smuteye.
Marshall County has an Egypt and an Arab (rhymes with Ahab). It’s probably why the county has the third-highest immigrant population rate in the state. Alabama has a Berlin, a Havana and a Rome — where all roads do not lead.
There’s the Abel community in Cleburne County, just across the Talladega National Forest from Waldo, if you know where to find Waldo. As the Bible tells us Abel was a loser, so that has to change. Just call it Cain.
For that matter, why don’t we change the names of names.
Alabama offensive coordinator Nick Sheridan has not earned the right to be Tuscaloosa’s Nick S. (or a paycheck 22 times the median household income in the state, but that’s another story). Let’s just call him Temp.
That singer from Alabama, India Ramey, is tearing up Nashville these days. She’s great. But I’m afraid we’re going to have to call her Indiana. For America’s sake.
Cuba Gooding Jr. must be Cuba Not-so-Gooding. And while I hate it for Tennessee Williams, he will now have to be Dorkland Williams. It’s not even fair.
But hey, I’m just calling ‘em what I see ‘em.
In a world where greed is godly, thought control is liberty and theocracy is religious freedom, a rose is whatever you want to call it.
John Archibald is a two-time Pulitzer winner who, in actuality, has nothing at all against the great state of Tennessee. Or Dorkland.
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