NASHVILLE — State laws regulating rights and access of transgender people continue to be blocked by federal judges.  

U.S. District Judge Aleta A. Trauger on May 17 struck a Tennessee law that would have required establishments to post a warning sign at restroom entrances if it allows transgender people to use the public restroom that matches their gender identity.  

Tennessee Gov. Bill Lee signed the law (H.B. 1182 /S.B. 1224) in May 2021 after it received approval by state lawmakers, and the law was temporarily halted from taking affect through a court injunction issued in July 2021.

“We applaud the court for recognizing that this law violates the First Amendment and harms transgender people,” said Hedy Weinberg, ACLU of Tennessee executive director. “Transgender individuals should be able to live their lives free of harassment and discrimination. Today’s decision ensures that the businesses who welcome them are not forced to become instruments for politicians’ discrimination.”

According to the law, businesses would have had to post  a “NOTICE” sign in yellow on a red background at the top, followed by text stating, “THIS FACILITY MAINTAINS A POLICY OF ALLOWING THE USE OF RESTROOMS BY EITHER BIOLOGICAL SEX, REGARDLESS OF THE DESIGNATION ON THE RESTROOM.”

The state, in response to the lawsuit, stated among several claims, that the term “biological sex” is a neutral term that conveys no stigma or viewpoint.  Nor is the term necessarily indicative of attempts to “limit or eliminate the legal recognition, protection and rights of transgender people.” 

The lawsuit was filed on behalf of Bob Bernstein and his restaurant, Fido, which has informal policies that allow customers to determine which restroom is appropriate for them and has not had any complaints or concerns about its restroom policies, according to ACLU.

“As a former journalist, I believe strongly in free speech,” Bernstein said. “The government can’t just force people to post discriminatory, inaccurate and divisive signs in their places of business. I am glad that the court recognized that this law violates the First Amendment.” 

Lauger’s decision stated the act violates the First Amendment and is “a brazen attempt to single out trans-inclusive establishments and force them to parrot a message that they reasonably believe would sow fear and misunderstanding about the very transgender Tennesseans whom those establishments are trying to provide with some semblance of a safe and welcoming environment.” 

On May 13, a U.S. District Judge Liles Burke blocked Alabama’s law prohibiting youth gender-affirming treatments from taking effect pending a trial, also claiming it is likely unconstitutional.

Alabama Gov. Kay Ivey also signed a law last month that requires students to use the bathroom corresponding with the sex assigned on their birth certificate.