LGBT rights in Tennessee

LGBT rights in Tennessee
Same-sex sexual intercourse legal status Legal since 1996
(Campbell v. Sundquist)
Gender identity/expression Vital Records Act of 1977
Discrimination protections None at the state level
Family rights
Recognition of
relationships		 Same-sex marriage is recognized statewide since 2015
Adoption Legal since 2007

Lesbian, gay, bisexual, and transgender Tennesseans face some legal challenges that non-LGBT Tennesseans do not. Same-sex sexual activity is legal in the state. Marriage licenses have been issued to same-sex couples in Tennessee since the Supreme Court ruling in Obergefell v. Hodges on June 26, 2015.

Sodomy law

The Tennessee Court of Appeals ruled unanimously that the state's sodomy statute was unconstitutional in 1996 in the case of Campbell v. Sundquist.[1]

Recognition of same-sex relationships

Marriage

Prior to being overturned, Tennessee recognized neither same-sex marriages nor any other form of legal recognition of same sex-unions. The state banned same-sex marriage both by statute and by constitutional amendment. That ban was overturned by the Supreme Court of the United States on June 26, 2015.

House Bill 1111

Domestic partnership

Map of Tennessee counties and cities that offer domestic partner benefits either county-wide or in particular cities.
  City offers domestic partner benefits
  County-wide partner benefits through domestic partnership
  County or city does not offer domestic partner benefits

The cities of Chattanooga[2], Collegedale[3] and Knoxville[4] together with the Metropolitan Area of Nashville and Davidson County[5][6] have enacted domestic partnership benefits for same-sex couples.

Adoption and parenting

Tennessee allows single persons to adopt children. Same-sex couples may legally adopt in the state. In 2007, the Tennessee Attorney General released an opinion that adoption by same-sex couples was not prohibited by state statute, and could be done if in the child's best interest.[7][8]

Discrimination protections

Map of Tennessee counties and cities that have sexual orientation and/or gender identity anti–employment discrimination ordinances circa 2016
  Sexual orientation and gender identity solely in public employment
  Sexual orientation in public employment
  Does not protect sexual orientation and gender identity in employment

Tennessee law does not prohibit discrimination of the basis of sexual orientation and gender identity. [9]

The cities of Knoxville[10] and Memphis,[11] together with the Metropolitan Area of Nashville and Davidson County[12] have ordinances prohibiting discrimination on the basis of sexual orientation and gender identity.

The Tennessee Board of Regents[13] has established a policy of non-discrimination with regard to sexual orientation and gender identity in employment and for students, while the University of Tennessee System[14][15][16][17][18] covers sexual orientation only.

Equal Access to Intrastate Commerce Act

Senate Bill 1556

Hate crime law

Tennessee law has punished hate crime on the basis of sexual orientation since 2001, but the law does not include gender identity, though it is covered by federal law.[19]

Gender identity and expression

In 1977, the Tennessee state legislature passed a birth certificate statute that prohibits the state from altering the sex on birth certificates.Tennessee is the only state to prohibit the reassignment of one’s gender on a birth certificate. [20]

Summary table

Same-sex sexual activity legal (since 1996)
Equal age of consent
Anti-discrimination state laws for sexual orientation
Anti-discrimination state laws for gender identity or expression
Hate crime laws include sexual orientation
Hate crime laws include gender identity or expression
Step adoption by same-sex couples
Joint adoption by same-sex couples
Access to IVF for lesbians Not technically specified
Same-sex marriages
MSMs allowed to donate blood

See also

References

  1. ↑ American Psychological Association: Campbell v. Sundquist, 926 S.W.2d 255, accessed April 9, 2011
  2. ↑ "Chattanooga City Council approves domestic partner benefits". nooga.com. November 12, 2013.
  3. ↑ "Collegedale first TN city to offer benefits to same-sex domestic partners". 5wmctv.com. Aug 6, 2013.
  4. ↑ "Knoxville expanding employee benefits to same-sex, domestic partners". WBIR. October 17, 2013.
  5. ↑ Metro Council approves domestic partner benefits
  6. ↑ Mayor Signs Domestic Partner Benefits Into Law
  7. ↑ Human Rights Campaign: "Tennessee Adoption Law" Archived 2011-06-07 at the Wayback Machine., accessed April 9, 2011
  8. ↑ http://nashvillecitypaper.com/content/city-news/ag-same-sex-adoption-ok-tennessee
  9. ↑ State of Tennessee "Equal Access to Intrastate Commerce Act", accessed June 17, 2016
  10. ↑ Witt, Gerald (May 1, 2012). "Knoxville City Council passes anti-discrimination ordinance". Knoxville News Sentinel. Retrieved May 1, 2012.
  11. ↑ "Memphis includes gays under anti-discrimination". Knoxville News Sentinel. Associated Press. October 17, 2012. Retrieved October 17, 2012. The Memphis City Council has included sexual orientation and gender identity in an ordinance that bans discrimination in city hiring.
  12. ↑ "Statement of Non-Discrimination". Metropolitan Government of Nashville and Davidson County. Retrieved April 14, 2012.
  13. ↑ "Discrimination & Harassment - Complaint & Investigation Procedure : P-080". Tennessee Board of Regents. Retrieved 2013-10-22.
  14. ↑ "EEO/AA Statement /Non-Discrimination Statement". University of Tennessee. Retrieved 2013-10-22.
  15. ↑ "File a Complaint". University of Tennessee at Chattanooga. Retrieved 2013-10-22.
  16. ↑ "Office of Equity & Diversity". University of Tennessee at Martin. Retrieved 2013-10-22.
  17. ↑ "UTHSC Office of Equity and Diversity". University of Tennessee Health Science Center. Retrieved 2013-10-22.
  18. ↑ "EEO/AA Statement /Non-Discrimination Statement" (PDF). University of Tennessee Space Institute. Retrieved 2013-10-22.
  19. ↑ Tennessee Hate Crimes Law at Human Rights Campaign.
  20. ↑ "Transgender Legal History". translegalhistory.info. Retrieved 2013-10-22.
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