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Federal judge blocks Tenn. law restricting drag shows

Statute was to have taken effect Saturday

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(Washington Blade photo by Michael K. Lavers)

U. S. District CourtĀ Judge ThomasĀ L.Ā ParkerĀ of the U. S. District Court for the Western District of Tennessee ordered a temporary injunction halting a just enacted Tennessee law that criminalizes some drag performances, hours before it was set to take effect Saturday.

A Memphis-basedĀ LGBTQ theatre company,Ā Friends of Georgeā€™s, had sued the state of Tennessee, claiming the law unconstitutional under the First Amendment. In his 15 page order issued late Friday evening Parker wrote:

ā€œIf Tennessee wishes to exercise its police power in restricting speech it considers obscene, it must do so within the constraints and framework of the United States Constitution. […] The court finds that, as it stands, the record here suggests that when the legislature passed this statute, it missed the mark.ā€

The theatre troupe, which had a scheduled April 14 performance, had argued in their motion for a restraining order: “This law threatens to force a theatre troupe into a nightclub, because Tennessee legislators believe they have the right to make their own opinions about drag into law. Plaintiffā€™s other option is to proceed as planned, knowing that the Friends of Georgeā€™s drag performers could face criminal ā€” even felony ā€” charges.ā€

In their filing, the plaintiff’s also argued that as an example should in a performance a drag performer alongside a Tennessee Titan (a National Football League team in Nashville) cheerleader, with minor children present, that under the language of the anti-drag law, only the drag performer would be breaking the law.

ā€œThus, the prohibited speech is defined by the identity of the drag performer ā€” and the message he conveys,ā€ attorneys for Friends of Georgeā€™s wrote, adding that by that definition, violates the First Amendment.

Parker, who agreed issued a temporary injunction which will expire in 14 days unless he decides to extend it for an additional period under the Federal Rule of Civil Procedure. The court will hold a status conference next week with all parties to schedule future hearings.

The office of Tennessee Attorney General Jonathan Skrmetti and Tennessee Gov. Bill Lee’s office did not immediately respond to requests for comment Friday night.

The theatre company tweeted late Friday: “Friends Of George’s was successful in the obtaining a temporary restraining order, which means that the “drag ban” will NOT go into affect at midnight tonight. This is a terrific first step in an ongoing battle.”

Mark Campbell, president of the board of directors of Friends of Georgeā€™s, issued a statement that said in part: “We won because this is a bad law.”

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Tennessee

Olivia Hill elected as first openly transgender official in Tenn.

Nashville native is U.S. Navy veteran

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Olivia Hill (Photo courtesy of the LGBTQ+ Victory Fund)

Voters in Nashville and surrounding Davidson County made history Thursday as Olivia Hill won an at-large seat on the Metro Council, making her the first openly transgender official elected to public office in the Volunteer State.

The Tennessean reported that Hill secured one of the councilā€™s five at-large seats in Thursdayā€™s runoff election with 12.9 percent of the vote, as of 10 p.m. Thursday night. She joins a historic number of women elected to the council. All five at-large members will be women, as well as 17 district councilmembers. That adds up to 22 women ā€” a majority of the 40-member council.

ā€œI want to say that I am elated,ā€ Hill told the Tennessean after the historic win. A Nashville native, Hill graduated from Hillwood High School in 1983. She then served in the U.S. Navy from 1986-1995 and saw combat overseas during Desert Storm.

LGBTQ+ Victory Fund CEO Annise Parker released the following statement after Hill was elected:

ā€œNashville voters clearly reject the hateful rhetoric that has grown louder in Tennessee politics lately. Oliviaā€™s victory proves that transgender people belong everywhere decisions about them are being made, including local office. I know Olivia is well-prepared to take her seat on the Metro Council and work to make Nashville and Davidson County a more welcoming place for all.ā€

The Metropolitan Council (officially the Metropolitan Council of Nashville and Davidson County) is the legislative body of the consolidated city-county government of Nashville and Davidson County.

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Tennessee

Tenn. could lose billions in federal funds over anti-transgender laws

Ban on gender-affirming care to minors took effect July 1

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(Washington Blade photo by Michael K. Lavers)

By the time North Carolina Gov. Roy Cooper signed into law the repeal of House Bill 2, also known as the ā€œBathroom Bill,ā€ in 2017 it was estimated that the state had lost up to $3.5 billion in revenue. Almost six years later, more than 500 similar anti-transgender bills have been introduced in nearly all 50 states and economists anticipate devastating financial consequences.

Tennessee, which borders North Carolina, on July 1 enacted a law that bans health care providers from offering gender-affirming care to minors. Trans minors that were receiving gender-affirming care prior to the law taking effect had to stop treatment. 

The Tennessee General Assembly Fiscal Review Committee issued a report on Feb. 28 that found the bill would not only increase state spending to be in compliance with the law, but would also jeopardize federal funding opportunities.Ā 

The law defines sex as ā€œthe biological state of being female or male, based on sex organs, chromosomes, and endogenous hormone profiles.ā€ 

ā€œProposed language may result in increases to state and local expenditures associated with compliance measures, potential civil litigation, and could jeopardize federal funding,ā€ the report says.

The report states the U.S. Education Department said the bill could jeopardize the stateā€™s funding under policies that provide protections for students and define sex differently than the stateā€™s law. The committee put estimated education funding losses at just over $1.2 billion.

The Tennessee Department of Health could also lose up to $750 million in federal grant money for being out of compliance with Title X, which provides family planning services for low-income families and also provides a different definition of sex than Tennesseeā€™s law.

While itā€™s unknown what the total cost to Tennessee will be, many LGBTQ performers and business owners let out a sigh of relief when a federal judge blocked the stateā€™s proposed drag ban before it could go into effect. The state has already appealed the decision.

Under the law, a first offense would be classified as misdemeanors and punishable by up to one year in jail and a $2,500 fine. Following offenses would be classified as Class E felonies punishable by up to six years in prison and a fine of up to $3,000.

While Tennesseeā€™s law may have been blocked, four other states are considering similar bans. Texas, Florida, Arkansas and North Dakota have all introduced potential drag bans, with Floridaā€™s being temporarily blocked by a district court decision. 

The state has appealed the ruling.

These bans raise questions for touring productions that include drag, in addition to local businesses. ā€œRuPaulā€™s Drag Raceā€ alums BenDeLaCreme and Jinkx Monsoon will be taking their holiday tour across North America this winter, and planning tour dates around where drag may or may not be banned has become a considerable factor.

ā€œBecause our tour is for a limited amount of time, we always have to be selective about where weā€™re going,ā€ BenDeLaCreme told Vulture. ā€œUnfortunately, itā€™s far enough out that I donā€™t know where the laws will be, and I am making decisions in a way where Iā€™m like, ā€˜All right, we have to know weā€™re going to be able to go, so weā€™ll have to avoid these spots.ā€™ Itā€™s deeply upsetting because those communities need us, but itā€™s hard to know what to do.ā€

Given federal court rulings that have blocked anti-trans bills around the country, there is some hope that further bills will also be restricted. The American Civil Liberties Union has already promised to track and challenge anti-trans and anti-drag bills that are introduced in state legislatures.

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Tennessee

Vanderbilt University sued for sending records on gender affirming care to Tenn. AG

Documents shared in compliance with Jonathan Skrmettiā€™s orders

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Vanderbilt University Medical Center (Screenshot/YouTube WTVF News Channel 5 Nashville)

Two transgender patients have filed a lawsuit against Vanderbilt University Medical Center for sharing their health records with the office of Tennessee Attorney General Jonathan Skrmetti in connection with its investigation into the provider’s billing practices.

The plaintiffs’ lawsuit argues Vanderbilt should have removed their personally identifying information in consideration of how hostile Skrmetti and other elected Republican leaders in the state have been toward gender affirming care and transgender people more broadly.

Earlier this month, an appeals court ruled Tennessee’s ban on gender affirming care for minors can go into effect, pending the outcome of litigation challenging the restrictions.

State lawmakers paused all gender affirming surgeries for minors a month after anti-trans conservative pundit Matt Walsh published footage of a provider claiming the procedures are ā€œhuge money makersā€ for hospitals.

Vanderbilt says the clinic performs about five surgeries per year on patients under 18 ā€” all with parental consent and none receiving genital procedures.

Plaintiffs will seek class certification for all patients whose records were collected by authorities, a total of more than 100, according to their lawsuit.

Last month, the Los Angeles Blade confirmed the documents were shared in compliance with the attorney general’s orders for information as part of its probe into the clinic’s management of TennCare payments.

The investigation began in September 2022, with Vanderbilt beginning to turn over patient records a few months later, according to a spokesperson for Skrmetti’s office who added, ā€œWe are surprised that VUMC has deliberately chosen to frighten its patients like this.ā€

The Tennesseean reported that parents of trans children called a local LGBTQ advocacy organization in a panic after the medical center went public about its compliance with the attorney general’s investigation.

Likewise, the patients’ lawsuit says following the disclosure they were ā€œterrified for their physical safety, have had significant anxiety and distress that has impacted their ability to work, has caused them to increase home security measures, and drop out of activities in which they normally would participate.ā€

A Vanderbilt spokesperson said, ā€œthe decision to release patient records for any purpose is never taken lightly, even in situations such as this where VUMC was legally compelled to produce the patient records.ā€

Disclosure of the requests came after another court case revealed their existence.

Plaintiffs contend, however, that the clinic caused emotional damage by negligently failing to redact patient information and acted in violation of privacy and consumer protection laws.

The Associated Press reports their lawsuit seeks “monetary damages, improved security procedures, an injunction blocking further release of their records without notice, an acknowledgement by Vanderbilt that it violated its own privacy policy, and an admission that the policy inadequately informs patients of their rights regarding disclosures.”

The complaint was filed Monday in the Nashville Chancery Court.

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