By Logan Langlois
NASHVILLE, TN — Governor Bill Lee signed HB2169/ SB1738 into law earlier this week, introduced by Representative Mary Littleton in the State House and Senator Paul Rose in the Senate. Civil Rights groups such as the Tennessee Equality Project (TEP) have criticized the bill as a threat to the civil rights of trans foster children as it would prohibit “the Department of Children’s Services from requiring an adoptive or foster parent to support a policy on sexual orientation or gender identity that conflicts with the parent’s sincerely held religious or moral beliefs.”
TEP Policy Researcher Jace Wilder said he is afraid the bill will negatively impact some of the state’s most vulnerable children already going through a difficult process. He said many of the kids being targeted have already faced rejection by their families for their identity, and that many face discrimination within the foster care community.
“The continued attack on trans people has been going on for years and this is just another step in that direction,” Wilder said. “But unfortunately, it’s targeting our most vulnerable children.”
A Tennessee State Attorney who focuses on Child Advocacy, Nannette Clark, agreed with Wilder that she was saddened, but not surprised by the bill’s signing. Clark said while delivering her testimony to the legislature regarding the bill, she felt largely ignored while criticizing the legislation’s writing. Wilder said he largely expected the bill to pass since watching the Tennessee AG’s office along with 18 other states file a lawsuit going against a policy introduced by President Biden’s administration that would put in place general protections for LGBTQ+ children.
Clark said several legislators asked clarifying questions during her testimony but were either interrupted or told it was time to vote before their questions could be answered. Wilder said he felt both representatives Jason Powell and Torrey Harriss spoke up during the legislative discussion regarding their concerns on the bill’s writing and impact. Wilder said while TEP protested at the capitol during legislative discussions, several representatives including Harriss and Powell, as well as representatives Justin Jones and Gloria Johnson, spoke to the crowd to lend their support.
“DCS’s purpose … is to always put the child’s safety first,” Wilder said. “But then, you put in the term LGBTQ+, and automatically it flips the narrative.”
Wilder and Clark said Tennessee is also opening itself up to legal action based on how the law is currently written.
“This is basically codifying discrimination,” Clark said. “If a child commits suicide over this I think their parents would be able to file lawsuits. It’s horrifying to me the way the state is creating more and more discriminatory bills for the LGBTQ+ community but particularly for our most vulnerable population.”
Clark said HB2169 essentially fights a problem that doesn’t exist; as to her knowledge, no legislation in place penalizes parents for choosing not to foster LGBTQ+ children, particularly in this case trans children. Clark said she does however see how this legislation could not only hurt children and parents but harm the effectiveness of Tennessee’s foster care system itself with how it is currently written. She said Tennessee’s foster care system should be instead focused on placing trans foster kids, and all foster kids, with a home that is going to love and accept them.
Wilder said TEP sees each bill as its fight and will continue to fight HB2169, as well as other bills on their Slate of Hate. Further details regarding TEP actions can be found on their website, tnep.org.
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