Federal judge blocks Tennessee law on transgender restroom use News
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Federal judge blocks Tennessee law on transgender restroom use

A judge for the US District Court for the Middle District of Tennessee has temporarily blocked a Tennessee law that requires businesses to post signs alerting patrons if they allow transgender individuals to use the restroom that corresponds with that individual’s gender identity.

Tennessee HB 1182 requires all businesses with formal or informal policies of allowing customers to use the restroom that aligns with their gender identity to post notices about that policy. Under the law, the business is required to post notices both by the restrooms and at the entrance of the business. These notices are required to state, in bold lettering, “THIS FACILITY MAINTAINS A POLICY OF ALLOWING THE USE OF RESTROOMS BY EITHER BIOLOGICAL SEX, REGARDLESS OF THE DESIGNATION ON THE RESTROOM.” Governor Bill Lee signed the bill into law on May 17, and it took effect on July 1.

The American Civil Liberties Union (ACLU) filed suit on behalf of two business owners on June 25. The business owners cited concerns that the signage would offend or confuse patrons, family, and employees, causing them to lose workers and customers.

They asked for a preliminary injunction, which Judge Aleta Trauger granted on Friday. She began her opinion by noting: “The State of Tennessee has enacted a law ordering the plaintiffs to say something that they do not wish to say, in furtherance of a message they do not agree with.”

She found that the plaintiffs were likely to succeed on the merits of their case, as there was no “plausible argument” that the law could withstand strict scrutiny. Even assuming there was a compelling interest in telling patrons bathroom policies, that interest could be served by “simply requiring businesses to disclose that information when asked or to keep it filed away somewhere accessible.” She also found that plaintiffs had shown that irreparable harm would occur absent an injunction.

Because of this, Trauger issued a preliminary injunction, temporarily blocking the new law’s enforcement.