NASHVILLE, Tenn. (WKRN) — A number of laws passed by the Tennessee General Assembly have been challenged in court by certain groups or whole cities. Metro Nashville currently has legal challenges pending against a number of laws that the city's legal experts say target Nashville specifically, while the Department of Justice is currently suing the state over one anti-LGBT law. Here are where those laws stand amid ongoing legal battles.
Ban on gender-affirming care
The Tennessee General Assembly's first priority this legislative session, a bill that prohibits minors from receiving any gender-affirming care, including medications and any surgeries, is currently being challenged by the United States Justice Department. The DOJ sued Tennessee in April, seeking to invalidate the law that it claims violates the U.S. Constitution's equal protection clause in the Fourteenth Amendment.
"The right to consider your health and medically-approved treatment options with your family and doctors is a right that everyone should have, including transgender children, who are especially vulnerable to serious risks of depression, anxiety and suicide," said Assistant U.S. Attorney General Kristen Clarke.
The law is set to take effect July 1, but the DOJ also filed a memo seeking the courts to block the law's enforcement.
Anti-drag law
The bill that saw scores of people march on the the state capitol earlier this year, SB0003, is blocked from being enforced partially in Tennessee. The bill added "male or female impersonators" to the already established legal definition of "adult cabaret entertainment" and also stipulates that those performances may not be held on public property or on private property "where it might be seen by a person who is not an adult."
Signed into law by Gov. Bill Lee in March, the bill was set to take effect April 1, but it was blocked by a federal judge following suit from a Memphis-based theater group Friends of George's. They said the law would negatively impact them because they produce many drag shows and drag-related entertainment in venues with no age restrictions.
Judge Thomas L. Parker eventually ruled the law unconstitutional, saying it was overly broad and could encourage "discriminatory enforcement," Parker's ruling, however, only pertains to Shelby County.
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Metro Nashville Council size
Metro Nashville is currently suing the legislature over a bill that reduces the size of the Metro Council and would have thrown the upcoming Metro elections into "chaos," according to city leaders.
Earlier this year, the legislature passed and governor signed HB0048, which would have required Metro Council to immediately reduce its size to just 20 members and come up with a plan for how to redistrict the city and county before the Aug. 3 general election. The law gave Metro just 30 days from its signing to come up with the new maps, prompting Metro legal officials to sue immediately, seeking an injunction against the state for the rapid timeline.
A three-judge panel granted that stay of the rapid timeline, stating it agreed with Metro's position that keeping the 40-member council was better for this election and postponing the effects of the law for at least four years.
Tennessee Attorney General Jonathan Skrmetti said he would not be appealing the ruling.
Metro Nashville Airport Authority makeup
Metro is also suing over the legislature's decision to pass a law granting it much more power of who sits on the authority. SB1326 would vacate the current membership of the Metro Nashville Airport Authority and instead give state lawmakers most of the power over appointments to the authority. Currently, MNAA has its members appointed by the Metro Mayor.
The new authority board would be made up of eight commissioners, with appointments coming from the governor, Speaker of the House, Speaker of the Senate and mayor, with each position receiving two appointments. At least one of those appointments must be a Davidson County resident, per the text of the law. The new board would be required to be in place by July 1.
Metro filed suit against the state, challenging the validity of the legislation, arguing the Home Rule provision of the Tennessee Constitution makes the legislation a violation of Metro's authority to govern itself. Metro is seeking a temporary and permanent injunction against the law, asking the Court to declare it unconstitutional. The case is currently being litigated in Davidson County Chancery Court.
For its part, the FAA issued a letter to Nashville, stating it would continue to recognize the current makeup of the MNAA until the litigation is complete.
from WKRN News 2 https://ift.tt/xygkh3b
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