NASHVILLE, Tenn. – Today the ACLU of Tennessee and Holland & Associates PC filed a lawsuit against the Tennessee Department of Safety and Homeland Security (TDSHS) on behalf of a transgender woman to challenge TDSHS’ enforcement of a new rule that bans all transgender people from changing the gender marker on their driver licenses.
The plaintiff, “Jane Doe,” whose identity is being withheld out of concern for her safety, requested TDSHS update her driver license to reflect her correct gender and appearance. As a result of TDSHS’ enforcement of its new rule, which never passed through lawful procedures, Ms. Doe was denied an accurate license based on the mere fact that she is transgender.
TDSHS’ action violates Ms. Doe’s constitutional rights to privacy, free speech, equal protection, and procedural due process, resulting in risk of physical harm, abuse, harassment, social stigma, and forced public disclosure of private medical information.
“All of us, including trans people, need access to accurate identification as it is an important part of daily life,” said the plaintiff, Jane Doe. “It allows Tennesseans to open bank accounts, enroll in school, start new jobs, vote and travel. Denying this right to trans people is cruel, discriminatory, and an effort to deny us the freedom to be ourselves.”
“TDSHS’ new rule contradicts the very purpose of having accurate identification and results in severe harm to our client,” said Lucas Cameron-Vaughn, staff attorney at the ACLU of Tennessee. “To further an ideological and political agenda aimed at erasing trans people from public life, TDSHS ignored the requirements of the law and violated Ms. Doe’s constitutionally protected freedoms — freedoms all Tennesseans are entitled to regardless of whether they are transgender or not.”
“TDSHS’ unlawful implementation of this new rule demonstrates a dedicated effort to target transgender people for discriminatory treatment,” said Maureen Truax Holland, attorney at Holland & Associates PC. “This rule puts Jane Doe and trans people like her at risk of physical harm, harassment, social stigma, and so much more. We urge the court to strike down this new rule that perpetuates harm against trans people and limits our fundamental right to be ourselves.”
The lawsuit argues that TDSHS’ rule was implemented without going through the legally required procedures under the Tennessee Uniform Administrative Procedures Act and that the rule was issued for the purpose of discriminating against driver license holders like Ms. Doe, who are transgender.
Public Chapter 486 was signed into law by Governor Lee, and became effective on July 1, 2023 establishing the definition of the word “sex” throughout Tennessee state code as “a person’s immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person’s biological sex.”
Despite the text of the law not requiring any action from TDSHS, they began enforcing their own rule related to the law — resulting in the violation of Ms. Doe’s constitutional rights.
The lawsuit filed by the ACLU of Tennessee and Holland & Associates PC asks the court to block TDSHS from enforcing the rule against Ms. Doe, and ultimately to strike the rule down.
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