Saturday, November 08, 2014

Challenge To Tennessee Limittions On LGBT Protections Dismissed On Standing and Mootness Grounds

In Howe v. Haslam, (TN App, Nov. 4, 2014) (Farmer, J opinion for court)  (Stafford, J concurring) (McBrayer, J concurring in part), the Tennessee Court of Appeals dismissed on a combination of mootness and standing grounds a challenge to Tennessee statutes that effectively prevent local governments from enacting civil rights protections to ban discrimination on the basis of sexual orientation or gender identity.  At issue are provisions of state law that amend Tennessee's state anti-discrimination law to define "sex" to mean the designation of male or female on one’s birth certificate, and then generally prohibit local governments from imposing anti-discrimination standards that deviate from those in state law.