Of Course They Did
The American Civil Liberties Union (ACLU) of Tennessee filed a lawsuit this week on behalf of a transgender woman – a male that identifies as a female – challenging the enforcement of a Tennessee law that defines “sex” as “biological sex.”
In May 2023, Governor Bill Lee signed the bill, SB1440/HB0239, to amend the Tennessee code to apply biology-based definitions across all state statutes.
The legislation, which took effect on July 1, 2023, legally defines “sex” as a person’s “immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person’s biological sex.”
The ACLU filed its lawsuit on behalf of the transgender individual after the person was allegedly prevented from changing the gender marker on their driver’s license.
The organization’s lawsuit names the Tennessee Department of Safety and Homeland Security (TDSHS) as a defendant, arguing the department’s enforcement of its “Redefinition of Sex Rule” violates “rights to privacy, free speech, equal protection, and procedural due process under the Tennessee Constitution.”
The lawsuit says that the plaintiff and other transgender people are “at risk of physical harm, abuse, harassment, social stigma, and forces public disclosure of medical status” under the law:
As a result of Defendants’ enforcement of the Redefinition of Sex Rule against Ms. Doe, she has experienced harmful and discriminatory treatment because she is transgender. The Redefinition of Sex Rule unconstitutionally discriminates against Ms. Doe as it violates her rights to privacy, free speech, equal protection, and procedural due process under the Tennessee Constitution. The Redefinition of Sex Rule puts Ms. Doe and other transgender people like her at risk of physical harm, abuse, harassment, social stigma, and forces public disclosure of medical status.
“All of us, including trans people, need access to accurate identification as it is an important part of daily life,” the unidentified plaintiff said in a statement. “It allows Tennesseans to open bank accounts, enroll in school, start new jobs, vote and travel. Denying this right to trans people is cruel, discriminatory, and an effort to deny us the freedom to be ourselves.”
The ACLU argues that TDSHS’ rule was implemented “without going through the legally required procedures under the Tennessee Uniform Administrative Procedures Act” and as a discriminatory measure against transgender individuals.
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Kaitlin Housler is a reporter at The Tennessee Star and The Star News Network. Follow Kaitlin on X / Twitter.
Photo “State ID” by tn.gov.
