Tennessee LGBT Laws

On 26 March 2013, the House version of the “Don’t Say Gay” bill died in the House Education Subcommittee for lack of a second. The measure sought to prohibit classroom discussion of anything other than natural reproduction. The Senate proposal, sought to give schools the authority to inform parents about children who talk to school officials about their sexuality [R1.3].

On 29 January 2013, Senator Stacey Campfield filed for introduction Bill SB 0234, the Classroom Protection Act, that would if signed into law prohibit teachers from discussing sexual activity that is not related to ‘natural human reproduction’ until students have completed grade eight and require teachers to notify parents of students counselled for “engaging in, or who may be at risk of engaging in, behavior injurious to the physical or mental health and wellbeing” of themselves “or another person” [L1.2], [R1.1].

On 19 September 2018 , the US Court of Appeals for the Sixth Circuit ruled 2-1 that the ordering of John McGlone and Jeremy Peters to leave a public sidewalk, or else face arrest, for preaching against homosexuality outside of an LGBTQ pride festival in downtown Nashville violated their free speech rights protected by the First Amendment [C2.4], [R2.3].

On 22 December 2015, US District Court Judge Kevin H Sharp granted Rebecca Young’s motion for a preliminary injunction preventing Richland High School principal Micah Landers from requiring that Young not wear to school either her ‘Some People Are Gay, Get Over It’ t-shirt or ‘any other shirt referencing LGBT rights’. [C2.2], [R2.1].

On 10 May 2017, 4th Circuit Court Judge Greg McMillan granted a woman the legal rights of a husband, approving the divorce of same-sex couple Sabrina Witt and Erica Witt that includes designation of Erica Witt as the legal ”father” of the couple’s daughter, conceived through artificial insemination. The Court accepted the advice of Sara Sedgwick, senior counsel for the health care division of the office, to view the words ”wife” and ”husband” in a ”gender-neutral” fashion. To do otherwise, she wrote, would be to violate constitutional law, particularly in light of the same-sex marriage decision [R1.4].

On 24 June 2016, Fourth Circuit Court Judge Greg McMillan ruled that Erica Witt, who in April 2014 married Sabrina Witt in DC, has no biological relationship with the child born to Sabrina via artificial insemination from an anonymous donor in January 2015 and has no contractual relationship with the child. Erica Witt’s name was not placed on the baby’s birth certificate at the time as the State did not then recognize the marriage. Sabrina filed for divorce in February [R1.3].

On 29 June 2010, the court of appeals once again struck down a judge’s ruling in part of a child custody agreement imposing a paramour clause that prohibited a lesbian mother and her long-term partner from living together, finding there was no evidence to support the claim that the paramour clause was in the best interests of children [R1.2].

In December 2008, a divorcee and mother of two was appealing against a child custody restriction known as a paramour clause, in which she is not permitted to have her lover stay overnight if her children are present [R1.1].

On 07 August 2014, Chattanooga voters rejected the domestic partners Ordinance No. 12781 that would have granted certain medical and leave benefits to city employees and their qualified domestic partners, with 13,685 votes against it to 8,184 for it [R1.4].

On 07 August 2014, City of Chattanooga voters will be asked whether Ordinance No. 12781 providing benefits to domestic partners of city employees should go into effect [R1.3].

On 05 August 2013, the City of Collegedale became the first in Tennessee to adopt (4-1) a measure extending equal benefits to same-sex domestic partners of city workers [R1.2].

On 20 December 2011, the Rolling Hills Hospital in Franklin denied a lesbian woman visitation rights with her partner in violation of Federal anti-discrimination guidelines, but quickly fixed the problem [R1.1].

On 21 March 2019, the House passed 68-22 HB0563 that prohibits state and local governments from taking discriminatory action against a business based on the policies of the business entity regarding the following, if the policies are in compliance with state and federal statutes, rules, and regulations with regard to:

1. Health insurance policies and the coverage provided thereunder;
2. Family leave policies;
3. Minimum wage policies; or
4. Antidiscrimination policies.

The Bill is considered by advocates to be a ”clear swipe at the LGBTQ community … ”. The Bill now goes to the Senate [R1.10].

On 27 April 2017, the Senate passed 23-6 SB1085 (HB1111) requiring that ”undefined words shall be given their natural and ordinary meaning, without forced or subtle construction that would limit or extend the meaning of the language, except when a contrary intention is clearly manifest”. Critics say the legislation could be interpreted by judges and used to deny rights to same-sex couples as well as transgender persons. The Bill has been sent to Govenor Bill Haslam to be signed into law [R1.9].

On 06 April 2016, the Tennessee House passed 68-22 bill HB1840, allowing mental health counselors to refuse service to patients on religious grounds. The now goes Governor Bill Haslam for signature [R1.8].

On 04 December 2015, it was reported that the US Federal Government had granted Carson-Newman University a Title IX exemption status that will allow the school to ban gay students, unwed mothers, women who’ve had an abortion ­ and those who may even be pregnant. It is the 30th American educational institution to be filed under the Title IX exemption [R1.7].

On 24 March 2014, the Religious Viewpoints Anti-Discrimination Act SB 1793/HB 1547 passed the Senate 32-0 (passed by the Assembly 90-2 on 03 October 2013). If signed into law by Governor Haslam as expected, the Bill would permit students to express religious beliefs in their homework, artwork and written and oral assignments without academic punishment or discrimination. Opponents argue the Bill will enable discrimination against and bullying of LGBT students with impunity [R1.6].

On 19 April 2013, Governor Bill Haslam signed HB 0534, a Bill that prohibits public institutions of higher education from denying recognition, privileges or benefits to a student organization or group on the basis of religious content of the organization’s or group’s speech or the manner in which the organization or group determines its organizational affairs [L1.5], [R1.4].

On 23 May 2011, Governor Bill Haslam signed HB 600, the Equal Access to Intrastate Commerce Act into law, reversing Nashville’s new nondiscrimination ordinance [R1.3].

On 20 May 2011, SB0632/HB0600 banning all cities and counties from enacting non-discrimination ordinances was passed and transmitted to the Governor [R1.2].

Quaere: The Bill refers to discriminatory practices on the basis of “sex” meaning the designation of the person as male or female as indicated on the person’s birth certificate. It does not appear to prohibit non-discrimination ordinances based on “sexual orientation”.

On 12 May 2011, the state Senate approved the Equal Access to Intrastate Commerce Act 19–8 to effectively repeal Nashville’s anti-discrimination law. The state House of Representatives approved the bill last month, but it will need to sign off on a minor amendment added in the Senate before it goes to Gov. Bill Haslam for signature [R1.1].

See 1. State above.

On 07 August 2014, Chattanooga voters rejected the domestic partners Ordinance No. 12781 that would have granted city employees equal protection against harassment and discrimination on the ground of sexual orientation or gender identity or expression, with 13,685 votes against it to 8,184 for it [R2.8].

On 19 November 2013, the Chattanooga Council passed Ordinance No. 12781 granting city employees equal protection against harassment and discrimination on the ground of sexual orientation or gender identity or expression and qualified domestic partners over 18 who have shared a primary residence for the preceding year, certain medical and leave benefits [L2.7].

On 16 October 2012, Memphis City Council passed 9–4 a nondiscrimination in city employment ordinance including protections for disability, age, national origin, gender identity [quaere], sexual orientation and ethnicity [L2.6], [R2.5].

On 05 April 2011, the Nashville metro council approved a measure requiring companies doing business with the city not to discriminate on the basis of sexual orientation or gender identity [R2.4].

On 15 September 2009, an ordinance prohibiting discrimination based on sexual orientation and gender identity against LGBT municipal employees in Nashville passed by the city council 24–15 [R2.3].

In March 2003, an anti-discrimination ordinance that would have protected Nashville Metro’s gay and lesbian employees from discrimination on the basis of sexual orientation, barely passed the Metro Council in a 17–16 vote on the first reading [R2.2] and in April was defeated 19–18 on second reading, with a tie-breaking vote from Vice Mayor Howard Gentry Jr [R2.1].

The bill would have required 21 votes to pass on third reading, which it likely did not have [R2.1].

On 07 May 2019, the legislature reportedly passed and Governor Bill Lee signed into law Bill HB1151 expanding the state’s indecent exposure law to include incidents that occur in restrooms, locker rooms, dressing rooms, or showers if the offender is a different sex than what is labeled on the facility’s door [R1.2].

In August 2002, it was reported that transsexuals were barred from altering their birth certificates after gender reassignment surgery [R1.1].

On 08 February 2019, State Attorney General Herbert Slatery issued the opinion concluding that ”For the purposes of the hate-crime enhancement (Tennessee Code Annotated § 40-35-114) , 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” [D1.4], [R1.3].

In 2000, hate crimes based on sexual orientation became an aggravating circumstance [R1.2].

In June 2000, Governor Don Sundquist signed into law a bill that increases penalties for crimes motivated by antigay hatred [R1.1].

On 27 April 2016, Republican Governor Bill Haslam signed Bill HB1840 into law, effective immediately [R1.3]. The Bill allows counselors, therapists, and mental health professionals to refuse service to LGBT people, atheists, divorced people, literally anyone, merely by claiming their “sincerely held religious beliefs” allow them to.

On 06 April 2016, the House of Representatives passed 68-22 Bill HB1840 (the companion Bill SB1556 passed the Senate in January), allowing mental health counselors to refuse service to patients on religious grounds and protecting therapists and counselors from civil lawsuits and criminal action if they deny services to clients whose religious beliefs conflict with their own. The Bill was sent to Governor Bill Haslam [L1.2], [R1.1].

On 07 August 2014, Chattanooga voters rejected the domestic partners Ordinance No. 12781 that would have granted certain medical and leave benefits to city employees and their qualified domestic partners, with 13,685 votes against it to 8,184 for it [R2.2].

On 17 June 2014, The Nashville Metropolitan Council voted 27-7 (2 abstentions) to offer health insurance and pension benefits to the same-sex domestic partners of city and Davidson county “Metro” workers beginning 01 January 2015 [R2.1].

Consensual sex between same-sex couples is lawful [R1.4], the Court having struck down the sodomy law [R1.3].

On 23 December 2011, Rossville Christian Academy reportedly banned all mention of homosexuality in a new policy stating –

“Homosexuality is forbidden in scripture (Romans 1:27, Leviticus 18:22). A staff member or student who promotes, engages in, or identifies himself/herself with such activity through any word or action shall be in violation of this policy. Should the administration determine a violation of this policy, the person involved will be subject to disciplinary action with the possibility of permanent dismissal. Any applicant who is not in compliance with this policy will not be admitted.” [R1.2].

In February 2008, a Tennessee politician reportedly filed a bill that would bar teachers from discussing homosexuality in public schools [R1.1].

On 27 April 2017, the Senate passed 23-6 SB1085 (HB1111) requiring that ”undefined words shall be given their natural and ordinary meaning, without forced or subtle construction that would limit or extend the meaning of the language, except when a contrary intention is clearly manifest”. Critics say the legislation could be interpreted by judges and used to deny rights to same-sex couples as well as transgender persons. The Bill has been sent to Govenor Bill Haslam to be signed into law [R1.3].

On 10 January 2016, the First Baptist Church congregation in Memphis, a Cooperative Baptist Fellowship, adopted a resolution granting gays the same privilege to get married afforded to everyone else [R1.2].

On 26 June 2013, the US Supreme Court ruled 5-4 that same-sex couples have the constitutional right to marry and all states must fully recognize same-sex marriages lawfully performed in any jurisdiction [C2.27], [R2.26]. See 2. Courts & Tribunals below .

In 1996 a law was passed prohibiting same-sex couples from marrying.

In May 2009, a trans woman had her marriage declared invalid after the state refused to recognise her female status [R1.1].

On 10 May 2017, 4th Circuit Court Judge Greg McMillan granted a woman the legal rights of a husband, approving the divorce of same-sex couple Sabrina Witt and Erica Witt that includes designation of Erica Witt as the legal ”father” of the couple’s daughter, conceived through artificial insemination. The Court accepted the advice of Sara Sedgwick, senior counsel for the health care division of the office, to view the words ”wife” and ”husband” in a ”gender-neutral” fashion. To do otherwise, she wrote, would be to violate constitutional law, particularly in light of the same-sex marriage decision [R2.35].

On 18 September 2015, Hamilton County Chancellor Jeffrey Atherton granted opposite-sex couple Pamela and Thomas Bumgardner a divorce on the grounds of irreconcilable differences, after the couple presented an agreement eliminating their contested status. In a handwritten edit on the order, Atherton reportedly vacated his 31 August ruling – that Tennessee courts could not hear contested divorces because the US Supreme Court ruling in Obergefell invalidated their jurisdiction – writing “said holding may be interpreted as intruding upon the exclusive province of the Tennessee legislature” and entered an order setting 28 September to receive argument … concerning whether this Court’s Order of August 31st, 2015, should be altered or amended” [C2.34], [R2.33].

On 31 August 2015, Hamilton County Chancery Court Chancellor Jeffrey M Atherton denied the divorce petition of Pamela E Bumgardner and Thomas A Bumgardner contending, amongst other reasons, that the US Supreme Court decision on same-sex marriage has derailed Tennessee’s ability to determine what constitutes divorce [C2.32], [R2.31].

On 04 August 2015, Judge D Michael Swiney in the Court of Appeals reversed the Trial Court’s judgment in August 2014 that Frederick M. Borman and Larry Kevin Pyles-Borman couldn’t divorce because the state of Tennessee only recognized marriages between males and females and remanded the case for further proceedings and collection of costs against the State [C2.30], [R2.29].

On 10 July 2015, it was reported that following the US Supreme Court same-sex marriage ruling, the Tennessee attorney general’s office is no longer contesting the divorce of Frederick Michael Borman and Larry Kevin Pyles-Borman who wed in Iowa in 2010 [R2.28].

On 26 June 2013, the US Supreme Court ruled 5-4 that same-sex couples have the constitutional right to marry and all states must fully recognize same-sex marriages lawfully performed in any jurisdiction [C2.27], [R2.26].

On 16 January 2015, the US Supreme Court agreed to consider the four same-sex marriage cases from Kentucky, Michigan, Ohio and Tennessee, consolidated and heard together on the question as to whether the Fourteenth Amendment requires states to licence same-sex marriage and to recognize out-of-state same-sex marriages. A ruling is expected before the current term ends in late June [C2.25], [R2.24].

On 23 December 2014, the US Supreme Court confirmed that the same-sex marriage cases of Bourke v. Bashear (Kentucky) , DeBoer v. Snyder (Michigan), Obergefell v. Hodges (Ohio) and Tango v. Haslam (Tennessee) were distributed to the Justices for consideration at their 09 January Conference, when the case of Robicheaux v. George (Louisiana) will also be conferenced [R2.23].

On 14 November 2014, a joint petition was filed in the US Supreme Court seeking a review of the 6th Circuit Court of Appeals opinion upholding the same-sex marriage bans in Ohio and Tennessee. Responses are due by 15 December, perhaps earlier. Petitions are also expected in the Kentucky and Michigan 6th Circuit cases [C2.22], [R2.21].

On 06 November 2014, the US Court of Appeals for the Sixth Circuit upheld same-sex marriaage bans in Kentucky, Michigan, Ohio, and Tennessee. In contrast, the Fourth, Seventh, and Tenth Circuits have struck the bans down, making it more likely that the US Supreme Court will eventually make a ruling [C2.20], [R2.19].

On 08 August 2014, Roane County Circuit Court Judge Russell E. Simmons Jr. was reported to have ruled that state law banning same-sex marriage prevented recognition of the 2010 Iowa marriage Frederick Michael Borman and Larry Kevin Pyles-Borman and their application for divorce [C2.18], [R2.17].

On 27 June 2014, Roane County Circuit Court Judge Russell Simmons Jr, announced he would issue an opinion as to whether a divorce in the case of Frederick Michael Borman and Larry Kevin Pyles-Borman, who married in Iowa in 2010, should proceed in the face of the Tennessee ban on same-sex marriage [R2.16].

On 16 June 2014, the US Sixth Circuit Court of Appeals in Cincinatti, in four separate notices, set 06 August at 1 pm as the single day to hear arguments in the five marriage equality cases pending before the court [R2.15].

On 25 April 2014, the 6th Circuit Court of Appeals in Ohio granted a stay of US District Court Judge Aleta A.Trauge’s 14 March order in “Valeria Tanco & Ors. v. William E Haslam & Ors. ” [R2.14].

On 20 March 2014, US District Judge Aleta Trauger denied Tennessee’s request to put the state’s recognition of three same-sex couples’ marriages on hold while state officials challenge the judge’s original decision [C2.13], [R2.12].

On 18 March 2014, the state defendants in Tanco v. Haslam have filed a notice of appeal to the United States Court of Appeals for the Sixth Circuit, of the district court’s decision in favor of the same-sex couples [C2.11], [R2.10].

On 14 March 2014, Judge Aleta A. Trauger in the US District Court for the Middle District of Tennessee ordered state officials to recognize the marriages of three same-sex couples during the consideration of their lawsuit challenging the validity of the state’s ban on recognizing such marriages, issuing a preliminary injunction barring officials from enforcing the Tennessee Code and Constitution [C2.9], [C2.8], [C2.7], [R2.6].

On 20 November 2013, four same-sex couples filed a motion in the US District Court seeking a preliminary injunction that would force Tennessee to recognize their marriages [C2.5], [R2.4].

On 21 October 2013, four legally married same-sex couples who live in Tennessee filed a lawsuit in federal district court in Nashville, challenging Tennessee laws that prevent the state from recognizing their marriages and treating them the same as all other legally married couples in Tennessee [C2.3], [R2.2].

In July 2006, the State Supreme Court ruled that a proposed constitutional amendment against same-sex marriage could stay on the November ballot. The American Civil Liberties Union had sued to block the measure on technical grounds, saying the state had not met notification requirements. The court dismissed the suit, saying the A.C.L.U. had no standing [R2.1].

On 01 April 2019, the House of Representatives reportedly passed 67-22 Bill HB 836 that would allow adoption and foster care agencies to refuse service to same-sex couples based on religious objections. The bill must still pass the Senate and then be signed by Gov. Bill Lee to be approved into law [R1.1].

On 21 July 2017, Davidson County Chancellor Ellen Hobbs Lyle, dismissed a lawsuit challenging a new Tennessee law defining terms by their ‘natural and ordinary meaning’, whilst declaring that Tennessee officials must ”accord same-sex parents the same right as opposite-sex parents to be named on a child’s birth certificate”. The judge found that the plaintiffs had failed to demonstrate their rights and the rights of the yet to be born children had been violated [C2.4], [R2.3].

On 10 May 2017, 4th Circuit Court Judge Greg McMillan granted a woman the legal rights of a husband, approving the divorce of same-sex couple Sabrina Witt and Erica Witt that includes designation of Erica Witt as the legal ”father” of the couple’s daughter, conceived through artificial insemination. The Court accepted the advice of Sara Sedgwick, senior counsel for the health care division of the office, to view the words ”wife” and ”husband” in a ”gender-neutral” fashion. To do otherwise, she wrote, would be to violate constitutional law, particularly in light of the same-sex marriage decision [R2.2].

On 24 June 2016, Fourth Circuit Court Judge Greg McMillan ruled that Erica Witt, who in April 2014 married Sabrina Witt in DC, has no biological relationship with the child born to Sabrina via artificial insemination from an anonymous donor in January 2015 and has no contractual relationship with the child. Erica Witt’s name was not placed on the baby’s birth certificate at the time as the State did not then recognize the marriage. Sabrina filed for divorce in February [R2.1].

On 04 June 2019, it was reported that a video of Coffee County District Attorney Craig Northcott emerged of him indicating he would not prosecute anyone with domestic assault charges if they are in a gay marriage because he does not recognize their legal status [R1.1].

On 10 February 2016, the Sixth Circuit decision in Smith v. Rock-Tenn Services, Inc. upheld a Tennessee District Court’s award of $300,000 to an employee against his former employer after the employee alleged sexual harassment and hostile work environment claims pursuant to Title VII of the Civil Rights Act of 1964, determining that the employer failed to take thorough, timely action after a male employee complained of improper, unwanted, and offensive physical contact by a male co-worker [C2.2], [R2.1].