Last in the Nation

Last in the Nation Tennessee’s War on Transgender Rights

Lee Hatcher

This year, Tennessee has shown its true colors in its war on LGBTQ+ rights, which has disproportionately targeted transgender individuals. The General Assembly passed—and Governor Lee signed—TWO bathroom bills, anti-trans legislation purportedly protecting women from competing against trans athletes, a bill intervening in healthcare for trans youth, and bill affecting how LGBTQ+ people are represented in education.

Meanwhile, changes elsewhere in the country gave Tennessee a dubious distinction in its anti-trans posture: we are now the last state in the nation where it is impossible for a transgender person to amend their birth certificate to reflect their gender. In some states it’s easier than others, yes, but Tennessee is the only place that it is currently not allowed. Even Mississippi is more progressive on this issue.

Given the current makeup of the Tennessee General Assembly and the governor’s office—where occupants regularly vie for titles like ‘most friendly representation of slavery’ by stumbling over themselves to praise the 3/5 Compromise as a forward-thinking legal doctrine or most revisionist understanding of celebrating the Klan—it’s unlikely Tennessee will willingly abandon its hard antitrans position any time soon.

There is however another hope for transgender citizens of Tennessee. Despite being delayed by COVID, a case filed last year—Gore v. Lee—remains to be heard by the court. Gore v. Lee challenges Tennessee’s refusal to allow trans individuals to amend their birth certificates and seeks to bring Tennessee into line with the other 49 states.

Managing editor of OUTvoices Nashville James Grady recently caught up with Jaime Combs, one of the plaintiffs.

Asked how she felt about this year in the legislature, and Tennessee becoming the last state depriving transgender people of the opportunity to update gender markers, Combs said, “It's very frustrating, because Tennessee is taking a lot of pride in being the most transphobic state in the United States, it seems.”

“I'm angered, I'm hurt. I do feel like legislators will have blood on their hands from the legislation that they are passing. It's humiliating! It's frustrating! I mean, July 1, 2021, every establishment that is trans affirming will have to have an 8x8 placard [announcing their transaffirming restroom policies]. This is crazy. I think it labels people and also think a lot of people [including cisgender men and women] will suffer that may not fit a gender binary presentation.” How did Combs get involved in the Gore v. Lee?

“Kayla Gore—who is a phenomenal transgender advocate and activist in the Memphis area—was really the unifier to get this started and placed with Lambda Legal. They did a press conference in Nashville. The issue was important to me. I was there at the press conference. And then I met with the attorneys, and I said, ‘If there's any way I can be of assistance, please let me know.’ And later I was added to that to the lawsuit.”

The barrier to proper documentation and birth certificates creates barriers for transgender citizens that others may not even think of. Imagine being a transgender woman applying for a job where identity verification is required—and thus being forced to out herself to every employer.

“When I was in transition, and I was in inadequate housing and newly facing homelessness. This information is something that could have kept me from attaining a job. And that was a critical time that I had employment, because most people need the birth certificate for most jobs.”

Of course, a birth certificate is also required for a passport, so despite federal regulations being more up-to-date, Tennessee’s restriction affects transgender people’s process in humiliating ways.

“A few years back when I went to get my passport, because I'm a transgender woman, I was required to have a gynecological examination, just to get a passport with the correct gender marker [because of the inability to update the marker on the birth certificate]. And this is crazy. This is ludicrous. And it should never happen to people.”

Right now, the path of the lawsuit is unclear, due to backlogs in the courts.

“Right now with the pandemic, we really don't know, the status. Everything is filed. We were hoping for a favorable outcome. I think so many people are depending upon a favorable outcome. And I think it's time that we get in alignment with the other states about this issue.”

On thing is for sure, a positive outcome in Gore v. Lee would provide cause for celebration for the transgender community in Tennessee and the LGBTQ+ community at large.