Connecticut One Step Forward, Tennessee Two Steps Backward

While Connecticut moves forward by passing the gender inclusive anti-discrimination bill; Tennessee takes two steps backward by passing an anti-anti-discrimination bill. They passed a law that prevents any municipality from passing an anti-discrimination law that is more inclusive than the state law.

‘Discriminatory’ anti-gay state law challenged with lawsuit
Business & Heritage Clarksville
David W. Shelton
June 13, 2011

NASHVILLE – A group of Metro Nashville elected officials, individuals, and lesbian, gay, bisexual and transgender (LGBT) rights organizations filed a lawsuit today in Davidson County Chancery Court, challenging the state’s recent passage of House Bill 600, which prohibits local municipalities and counties, including local school districts, from enacting local laws or school policies that protect gay and transgender people against discrimination.

Do you remember back in November during the election, one of the big talking point for the Republicans was about how they would pass no law that was unconstitutional, well it seems that pledge only applies to the bill that the Republicans do not like…

“Fifteen years ago, in fact – in a case quite similar to this one – the U.S. Supreme Court ruled that, ‘if the constitutional conception of ‘equal protection of the laws’ means anything, it must at the very least mean that a bare . . . desire to harm a politically unpopular group cannot constitute a legitimate governmental interest’,” said Rubenfeld, citing Romer v. Evans, which struck down a Colorado constitutional amendment that barred localities or the state from passing laws to prohibit discrimination against gay people.

“One difference is that Colorado [in the 1993 Constitutional amendment later struck down by Romer] forbade a city from adopting or enforcing civil rights ordinances on the basis of sexual orientation,” said Jonathan Cole, Board Chairman of the Tennessee Equality Project. “The Tennessee law doesn’t specifically mention sexual orientation, but it’s clear that the intent is directed toward the LGBT community.”

So in order to get around the Supreme Court and the Constitution the Republicans made this law so broad that it does away with discrimination protections for veterans, and discrimination based on income, age, and disability.

Why did the state of Tennessee feel that this law that stripped away protection against discrimination from thousands of people was needed… why because of the lesbians, gays and transgender people.

The [Nashville] Metro Council passed a law in April requiring contractors doing business with the city to pledge not to discriminate based on sexual orientation or gender identity — an extension of the protections already given to employees based on age, race, sex, color, national origin and disability. The state legislature then approved legislation preventing municipalities from taking such action, arguing it would hurt the business environment by creating different standards in different places.
The Tennessean

So who is behind the bill and was instrumental in getting it passed? David W. Shelton writes that,

By mid-January of this year, the Family Action Council held a meeting to see if state law could be amended to prevent Nashville — or any other locality — from passing laws to protect lesbian, gay, bisexual, or transgender people. This meeting was attended by State Representatives Glen Casada (who later sponsored HB600) and State Representative Jim Gotto. The Family Action Council was founded by David Fowler, a former Tennessee State Senator who led the successful passage of a constitutional amendment to ban gay marriage in 2006.

This is the same Family Action Council that is listed as a hate group by the Southern Poverty Law Center.