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Lesbian, Gay, Bisexual and Transgender Rights LESBIAN, GAY, BISEXUAL AND TRANSGENDER RIGHTS Overview federal sexual harassment laws such as the Civil Rights Despite advances made in recent years, lesbian, gay, Act. bisexual and transgender (LGBT) people continue to face discrimination in all areas of life. So far, the United States Employment and Housing Supreme Court has not granted heightened protection as a Currently, sexual orientation remains, in most cases, a class to LGBT persons. No federal laws specifically valid basis for discrimination in the workplace. prevent a person from being fired from a job based on sexual orientation. LGBT people often face discrimination Tennessee law and federal law do not specifically prohibit in domestic court disputes, including divorce, adoption and acts of discrimination on the basis of sexual orientation by child custody battles. employers, nor do they protect tenants from discriminatory treatment by landlords solely because of sexual orientation. Adoption and Parenting Rights Since the U.S. Supreme Court recognized that marriage In some cases, transgender individuals may be protected between two people of the same sex is a fundamental right under federal law to the extent that the discriminatory acts in Obergefell v. Hodges, married same-sex partners should were premised on an employee’s gender expression that be universally allowed to adopt a partner’s biological child does not conform to gender stereotypes. Similarly, the (“a second-parent adoption”) in the same manner as Equal Employment Opportunity Commission has released opposite-sex couples. Same-sex couples pursuing an opinion that discrimination against a person based on parenthood through adoption or in vitro fertilization or their sexual orientation may, in certain circumstances, surrogacy should likewise be treated the same as opposite- constitute discrimination on the basis of sex. sex couples. In Tennessee, no law currently prohibits an LGBT person from serving as a foster or adoptive parent. For the time being, the Equal Protection clause of the U.S. Visitation rules and restraints apply to all persons Constitution offers some protection against any state action regardless of sexual orientation or the gender of their that attempts to regulate on the basis of sexual orientation spouse or partner. alone. Sexual Harassment Gender and Birth Certificates In 1996, the Supreme Court in Romer v. Evans, invalidated Tennessee remains one of only a few states that will not a Colorado constitutional amendment, passed by a state amend a person’s gender marker on a birth certificate, even public referendum, that prohibited the state and its after sex-reassignment surgery. municipalities from enacting gay rights laws. And, in 1998, the Supreme Court held that a sexual harassment case Marriage could not be dismissed simply because the victim and his The Supreme Court decision in Tanco v. Haslam, the alleged harassers were both men. The Court struck down Tennessee case that was part of the consolidated lawsuit an earlier decision that sexual harassment can only occur Obergefell v. Hodges, invalidated Tennessee’s statute where the victim and harasser are the opposite sex. This and constitutional amendment which limited marriage to case opens the door to greater protections from harassment being between one man and one woman. Marriage based on sexual orientation in the workplace. certificates should be issued to all applicants without regard to gender or sexual orientation. For more In Tennessee, “sexual orientation does not prevent a information, visit http://www.aclu-tn.org/marriageTN.html. plaintiff from asserting an otherwise-valid sex discrimination claim where the harasser happens to be of the same sex” (Ellsworth v. Pot Luck Enterprises). Thus, federal courts in Tennessee will likely recognize sexual harassment claims even if the victim and harasser are of the same sex, provided the claim is otherwise valid under P.O. Box 120160, Nashville, TN 37212 Tel: 615.320.7142 This information provided is for educational purposes only. It is not intended to be legal advice. 02/16 RESOURCES – NATIONAL AND STATE professionals, and organizations understand and address the concepts of gender identity and expression. ACLU-TN provides the following list of resources for informational purposes only. ACLU-TN does not endorse . GLBT National Help Center any of the organizations listed. National Hotline: 1-888-THE-GLNH (1-888-843-4564) National Youth Talkline: 1-800-246-PRIDE (7743) National Organizations Website: http://www.glbthotline.org/ . ACLU LGBT Project The Gay, Lesbian, Bisexual and Transgender (GLBT) 125 Broad Street, 18th Floor National Help Center is a non-profit organization that New York, NY 10004 provides peer support, community connections and Website: https://www.aclu.org/issues/lgbt- resource information to people with questions regarding rights?redirect=lgbt-rights sexual orientation and/or gender identity. Phone: 212-549-2500 . Gay, Lesbian & Straight Education Network The ACLU works to ensure that lesbian, gay, bisexual, (GLSEN) and transgender people can live openly without GLSEN works to ensure LGBT students are able to learn discrimination and enjoy equal rights, personal and grow in school environments free from bullying by autonomy, and freedom of expression and association. conducting extensive and original research, authoring developmentally appropriate resources, partnering with . Gay and Lesbian Alliance Against Defamation national education organizations and empowering (GLAAD) students to affect change. Website: http://www.glaad.org/ National Headquarters th GLAAD tackles tough issues to shape the narrative and 110 William Street, 30 Floor provoke dialogue that leads to cultural change. New York, NY 10038 Website: http://www.glsen.org/ . Gay Straight Alliance (GSA) Network Phone: 212-727-0135 1611 Telegraph Ave., Suite 1002 E-mail: [email protected] Oakland, CA 94112 Website: https://gsanetwork.org GLSEN East Tennessee Phone: 415-552-4229 2833 Louisville Road Fax: 415-552-4729 Louisville, TN 37777 E-mail: [email protected] Website: http://www.glsen.org/chapters/easttn/ ourchapter GSA Network is a next-generation LGBTQ racial and Phone: 423-377-3226 gender justice organization that empowers and trains E-mail: [email protected] queer, trans, and allied youth leaders to advocate, organize, and mobilize an intersectional movement for GLSEN Middle Tennessee safer schools and healthier communities. 102 B Public Square Gallatin, TN 37066 . Gender Spectrum Website: http://www.glsen.org/chapters/middletn 1611 Telegraph Ave., Suite 1002 Phone: 931-704-8814 Oakland, CA 94112 E-mail: [email protected] Website: https://gsanetwork.org Phone: 510-788-4412 E-mail: [email protected] Gender Spectrum provides consultation, training and events designed to help families, educators, P.O. Box 120160, Nashville, TN 37212 Tel: 615.320.7142 This information provided is for educational purposes only. It is not intended to be legal advice. 02/16 . Human Rights Campaign (HRC) . National Center for Lesbian Rights 1640 Rhode Island Ave. N.W. 870 Market Street, Suite 370 Washington, DC 20036-3278 San Francisco, CA 94102 Website: http://www.glbthotline.org/ Website: http://www.nclrights.org/ Phone: 202-628-4160 Phone: 415-392-6257 Toll-Free: (800) 777-4723 Fax: 415-392-8442 TTY: 202-216-1572 E-mail: [email protected] Fax: 202-347-5323 The National Center for Lesbian Rights (NCLR) is a HRC is the largest national lesbian, gay, bisexual and non-profit, public interest law firm that litigates transgender civil rights organization with a mission to precedent-setting cases at the trial and appellate court ensure LGBT people are ensured basic equal rights. levels; advocates for equitable public policies affecting the LGBT community; provides free legal assistance to . Immigration Equality LGBT people and their legal advocates; and conducts Website: http://www.immigrationequality.org/ community education on LGBT issues. Phone: 212-714-2904 . National LGBTQ Task Force Immigration Equality provides free legal services for 1325 Massachusetts Ave. NW, Suite 600 LGBT and HIV-positive immigrants. Washington, DC 20005 Website: http://www.thetaskforce.org/ . It Gets Better Project Phone: 202-393-5177 110 S. Fairfax Avenue, Suite A11-71 Fax: 202-393-2241 Los Angeles, CA 90036 Website: http://www.itgetsbetter.org/ The National LGBTQ Task Force advances full freedom, justice and equality for LGBTQ people. The It Gets Better Project’s mission is to communicate to lesbian, gay, bisexual and transgender youth around the . PFLAG world that it gets better, and to create and inspire the PFLAG is committed to advancing equality and full changes needed to make it better for them. societal affirmation of LGBTQ people through its threefold mission of support, education and advocacy. Lambda Legal 120 Wall Street, 19th Floor Website: http://www.pflag.org/ New York, NY 10005-3919 Website: http://www.lambdalegal.org/ PFLAG Chattanooga Phone: 212-809-8585 P.O. Box 17252 Fax: 212-809-0055 Chattanooga, TN 37415-8252 Website: http://community.pflag.org/chattown Southern Regional Office Phone: 423-802-0449 730 Peachtree Street, NE, Suite 1070 E-mail: [email protected] Atlanta, GA 30308-1210 Phone: 404-897-1880 PFLAG Cookeville Fax: 404-897-1884 502 Gould Drive Cookeville, TN 38506 Lambda Legal is a national nonprofit legal organization Phone: 931-954-2873 whose mission is to achieve full recognition of the civil E-mail: [email protected] rights of lesbians, gay men, bisexuals, transgender
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