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Health

Low-Income Tennesseans Resort To ‘Health Care Lottery’ For Coverage

Twice a year, Tennessee holds a “health care lottery” that gives some hope to the uninsured residents in the state who can’t afford health coverage. Tennesseans who meet certain requirements — in addition to falling below a certain income threshold, they must be elderly, blind, disabled, or a caretaker of a child who qualifies for Medicaid — may call to request an application for the state’s public health insurance program, known as TennCare.

The lottery is part of TennCare’s “spend down” program, which allows a resident’s income to be calculated after subtracting their medical costs from their total earnings. That means that some Tennesseans who technically earn too much annual income to qualify for public insurance could still be eligible for TennCare if they successfully complete the application process. The New York Times notes that while other states have similar “spend down” initiatives, most don’t limit the lottery enrollment period to a narrow window of call-ins. The unique enrollment process in Tennessee highlights the overwhelming demand for affordable health services, as many low-income Americans fall into a gap between being able to qualify for Medicaid and being able to access private insurance coverage:

State residents who have high medical bills but would not normally qualify for Medicaid, the government health care program for the poor, can call a state phone line and request an application. But the window is tight — the line shuts down after 2,500 calls, typically within an hour — and the demand is so high that it is difficult to get through. [...]

“It’s like the Oklahoma land rush for an hour,” said Russell Overby, a lawyer with the Legal Aid Society in Nashville. “We encourage people to use multiple phones and to dial and dial and dial.”

The phone line opened at 6 p.m. on Thursday for the first time in six months. At 5:58, Ida Gordon of Nashville picked up her cordless phone and started dialing. Ms. Gordon, 63, had qualified for TennCare until her grandson, who had been in her custody, graduated from high school last spring. Now she is uninsured, with crippling arthritis and a few recent trips to the emergency room haunting her.

“I don’t ask for that much,” Ms. Gordon said as she got her first busy signal, hanging up and fruitlessly trying again, and then again. “I just want some insurance.”

If Tennessee Gov. Bill Haslan (R) opted to expand Medicaid under Obamacare, more than 180,000 people would be able to be added to the TennCare rolls by 2019. Obamacare’s Medicaid expansion would extend coverage to low-income Americans whose earnings are above the current cut-offs for public assistance — which would include many of the people like Ida Gordon, who are desperately dialing and redialing in the hopes of winning an elusive health care lottery. Haslan has not yet decided whether Tennessee will accept Obamacare’s optional expansion of the Medicaid program, although he has indicated that he may make his decision sometime this week.

A growing number of GOP governors across the country have begun to concede that expanding Medicaid makes sense for the low-income residents in their states. But many of their fellow Republicans still aren’t willing to cooperate with the health reform law whatsoever — even going so far as to suggest that Obamacare will “degrade” or “destroy” what is already the “best health care system the world has ever known.” As Tennessee’s health care lottery demonstrates, however, the low-income Americans who are resorting to desperate measures to access the care they need may not agree with that assessment.

Health

Tennessee University Caves To Fox News’ Complaints, Pulls Funding From College Sex Ed Event

The University of Tennessee (UT) is pulling state funding from a week-long sexual education event for its undergraduate students, caving to mounting right-wing pressure after Fox News suggested the funds were being used inappropriately to fund a “lesbian bondage expert” and hold a drag show on campus.

UT’s six-day “Sex Week” will include free STD screenings for students and panel discussions on topics ranging from sexual health, sexual identity, gender roles, and ways that UT can better address issues of sexual assault on campus. But Fox News radio host Todd Starnes recently raised the alarm about the university using student fees to “host a lesbian bondage expert” — referring to one of the presenters, erotica author Sinclair Sexsmith, who was invited to conduct a poetry workshop. Even though the students who helped plan the Sex Week event confirmed Sexsmith would simply discuss poetry related to sexuality and gender roles in society, and would not include anything related to lesbian bondage, the Fox News host became fixated on the fact that Sexsmith is “an expert in sexuality and leather.”

As Raw Story reports, the right-wing media attention eventually made its way to state Sen. Stacey Campfield (TN-R), who threatened to reconsider the university’s budget unless it made some changes to Sex Week. “We are not talking about health and safety to do a drag show. What are these issues so important for?” Campfield told a local news affiliate. “This is not something that the parents sent their kids to school to learn, this is not even close, we have some serious issues going on at the University of Tennessee.”

The state senator’s loud opposition to the university event perhaps comes as no surprise. Campfield has a long history of being hostile to issues of human sexuality, particularly when it comes to the LGBT community. He’s repeatedly introduced “Don’t Say Gay” bills to prevent teachers from discussing any aspects of “non-heterosexual” sexuality with public school students, and the most recent iteration includes a clause requiring teachers to inform parents if their child is gay. He’s also compared homosexuality to injecting heroin. Unfortunately, he’s hardly the first far-right Republican to attempt to block sexual education programs on college campuses.

Sex Week will still go on as planned. “This whole thing makes it more important to do this,” Brianna Rader, the UT student who led organizing efforts for Sex Week, said of the controversy. But she’s frustrated that university officials reversed their decision on Thursday about allocating state funding for the event. “People are getting upset about college kids talking about sex education? This sounds made up. This sounds like we’re in a movie,” Rader pointed out. “It was a cowardly move, and I’m disappointed in them.”

Justice

Tennessee Attorney General Says Bill To Force Colleges To Allow Discrimination Is Unconstitutional

Later today, a Tennessee House subcommittee is scheduled to consider a bill that would take away university police departments unless those institutions permit religious student organizations to engage in anti-gay discrimination. The bill arises from a conflict between Vanderbilt University and anti-gay lawmakers led by state Rep. Mark Pody (R), who object to Vanderbilt’s policy which requires student organizations to accept “all comers” if they wish to be subsidized by the school.

Last week, however, Tennessee Attorney General Robert Cooper (D) threw cold water on Pody’s efforts with an official opinion explaining that the bill is unconstitutional, at least as-applied to private universities such as Vanderbilt. As Cooper’s opinion explains, private universities generally have a right to decide which student organizations they wish to be associated with, and that includes the right to take a stand against discrimination:

It is well established that the State may not condition continued receipt of a valuable state benefit (here, the exercise of the State’s police power to commission and maintain a police force) on a private institution’s compliance with an unconstitutional condition. . . .

As previously discussed SB1241 impacts a private university’s First Amendment right of free association and distinguishes between those universities that organize their student groups in conformity with SB1241 and those that do not. This classification thus impacts a fundamental right – a private university’s First Amendment right to free association – and would be reviewed under the strict scrutiny standard. The General Assembly has an interest in how the State delegates its police power to a private university. Even if that interest is compelling, the General Assembly cannot assert that interest through an unrelated requirement that a private university abandon its right of free association.

Cooper also concludes that Pody’s anti-gay law would be constitutional as-applied to public universities, because Tennessee is allowed to decide that it does want to associate itself and its universities with anti-gay discrimination. This conclusion, however, is likely not correct. Just as the federal government cannot discriminate against gay couples when it doles out marriage benefits — that’s why the Defense of Marriage Act is unconstitutional — a state government also cannot form official groups that engage in anti-gay discrimination. Thus, to the extent that a student group at a Tennessee university is an arm of the state itself, such as group is not permitted to engage in anti-gay discrimination.

LGBT

‘Don’t Say Gay’ Bill Could Prevent Counselors From Providing Mental Health Support

Tennessee Rep. John Hagan (R)

Tennessee’s odious “Don’t Say Gay” bill has not yet advanced, but it might be getting another new provision to make it even worse. Its original intent — to ban teachers in grades K-8 from even mentioning homosexuality — was bad enough, and this year’s bill also includes a provision to out gay students to their parents. Now House sponsor Rep. John Ragan (R) is offering a new amendment that would completely bar school personnel from providing any kind of “mental health” guidance, according to WBIR:

A measure in the works in the Tennessee legislature would bar school personnel from advising students on “mental health” issues, ‘lifestyle’ choices or other conditions or activities outside career and educational counseling” unless they have been licensed as a clinical psychologist or psychiatrist. [...]

“School counselors in general are licensed, hired and paid to be counseling on academic and career education,” said state Rep. John Ragan, R-Oak Ridge. “We do not pay them nor license them to counsel on anything else.” [...]

Teachers, counselors and principals instead would be asked to give students a referral for psychiatric care if they bring up mental health or lifestyle issues. School districts would also have to train educators on how to handle such questions.

It’s troubling enough that LGBT students would not be able to ask any counselor about their issues — and would be told they need to see a therapy. But Ragan could not be more wrong; this amendment completely undermines the work many counselors do every day, including providing support for depression, suicidal thinking, eating disorders, problems at home, grief, and overall social development. Tennessee already requires that school counselors have completed a graduate degree in counseling, as opposed to just education. Ragan is trying to prevent them from doing the very job they are expected to do.

This is the significant overstep from the usual assumptions about “parents’ rights,” the line of reasoning that attempts to justify censorship in schools, as this bill does. The entire point of school counselors is to supplement what support students may or may not get at home. Ragan’s amendment is nothing short of a guarantee to make schools less safe and ensure young people have even less support for their academic success.

(HT: The New Civil Rights Movement.)

LGBT

POLL: Even Anti-Equality Tennesseans Oppose ‘Don’t Say Gay’ Bill

A new poll from Middle Tennessee State University shows that a solid 62 percent of Tennesseans oppose marriage equality, while only 28 percent in favor. This opposition is significantly higher than is often found across several southern states. Nevertheless, 57 percent also oppose the odious “Don’t Say Gay” bill, which prohibits schools from discussing sexual orientation until after 8th grade — which includes related anti-bullying efforts — and only 31 percent support it. Additionally, 49 percent oppose the bill’s new provision requiring school officials to notify parents of students’ sexuality, while only 33 percent such a provision. Interestingly a position on marriage was not necessarily predictive of a position on the “Don’t Say Gay” legislation.

It seems clear that Tennessee is a particularly toxic place for LGBT people, but even so, even Tennesseans realize that the outright censorship of homosexuality and violation of young people’s privacy are wrong.

LGBT

Tennessee Joins Bandwagon Protecting Discrimination In Higher Education

Tennessee Sen. Mae Beavers (R)

Tennessee is the latest state to be considering bills that would enshrine discrimination on university campuses. A bill from Rep. Mark Pody (R) threatening campus police departments has been withdrawn for now, but Sen. Mae Beavers (R) has introduced a bill (SB 0802) to match another House proposal that would prohibit state universities from requiring campus religious groups to not discriminate.

The argument behind this legislation is that religious groups on campus should not have to accept people who do not currently identify with that religion or with its creeds — i.e. a Christian evangelical group would be free to exclude gay students because of their anti-gay beliefs. And Tennessee has been at the center of such proposals because of Vanderbilt University’s “all-comers” non-discrimination policy. The principle behind the policy is simple: all students pay into student fees so all students should have equal access to groups who utilize that funding (“all who come are welcome”). Ohio passed a law last year banning such policies, Virginia just passed one a few weeks ago, and another has been proposed in Texas. The intention behind them all is clear: let groups discriminate.

But that’s not the only pro-discrimination legislation proposed in Tennessee this session. Rep. John DeBerry (D) has proposed a bill (HB 1185) that would also allow university counseling students to discriminate against clients. The motivation for such a policy comes from conflicting cases in Michigan and Georgia in which Christians in graduate counseling programs refused to work with gay clients because of their beliefs. Counseling curricula are based on professional standards, which dictate that gay clients should be affirmed in their identity. The passage of a such a bill would compromise those standards and encourage anti-gay discrimination.

As the ACLU describes, these bills are clearly designed to protect discrimination under the guise of religious freedom. No amount of respect for individuals’ religious beliefs justifies entitling them to discriminate against others.

Security

Tennessee Republican Lawmakers Propose Banning U.N. Officials From State

Polling board members in Arlington, Virginia, demonstrate touch screen voting machines to OSCE observers in 2004

A freshman lawmaker in Tennessee is pushing to revoke the official status of any United Nations representative who sets foot within his state — and criminalize the actions of international elections monitors.

The proposal comes on the heels of last year’s right-wing outrage that the “United Nations” was sending officials to monitor the U.S. national elections. Unimportant to critics of the program was the fact that the program was neither run by the U.N. — instead being conducted by the Organisation for Security and Cooperation in Europe — nor that it’s been going on for more than a decade.

That hasn’t stopped newly elected state Rep. James “Micah” Van Huss (R) from introducing legislation that would keep such an atrocity from ever happening on Tennessean soil again. Van Huss has put forward two bills to stop the U.N. in its tracks. H.B. 588 adds a section into Tennessee law that reads: “Any representative of the United Nations who enters the state loses all official status and shall not operate in the state in any official capacity.” H.B. 589, meanwhile, puts forward that “Representatives of the United Nations shall not observe elections in the state” and that “violation of this section is a Class C misdemeanor.”

Van Huss, who came up with the push at a Tea Party event during his campaign, defended his proposal as being necessary to guarantee freedom:

I feel, as a lot of my constituents do, that the United Nations continues to put forth agendas that would infringe on our personal liberties; that’s not the freedom that I fought for, and not the freedom that my buddies gave their lives for,” Van Huss, R-Jonesborough, told the Kingsport Times-News in an email.

The bill is being sponsored on the Senate side by state Sen. Frank Niceley (R). Disturbingly enough, Tennessee’s legislature may well pass Van Huss’ bill. Last year, the body sent to Gov. Bill Haslam (R) a non-binding resolution that slammed the U.N’s Agenda 21 for its “destructive and insidious nature.” Haslam rightly refused to sign the bill, as he believes that environmental protection and economic growth are not mutually exclusive. Requests for comment from the office of House Speaker Beth Harwell on Van Huss’ bills were not immediately returned.

Tennessee is just one of a multitude of states in which Republican lawmakers are attempting to place limits to the United Nations’ supposed overreaching power. During the lead-up to the election, Republicans from Texas and Iowa each threatened to arrest any OSCE observers who monitored elections.

Legislatures from Georgia to Oklahoma to Indiana have moved bills seeking to counter the U.N. and Agenda 21, whose threat to America’s golf courses Sen. Ted Cruz (R-TX) has made well-known. The National Republican Party is also in on the action, having made sure to insert language into their 2012 Platform that called the non-binding series of resolutions “erosive to American sovereignty.”

LGBT

Tennessee Bill Would Eliminate Campus Police If Universities Don’t Allow Christian Clubs To Discriminate

Higher education is becoming a growing front where conservatives are using claims of “religious freedom” to justify discrimination against the LGBT community. This month, the Virginia legislature approved a bill that would require state universities to continue funding student organizations even when they discriminate based on sexual orientation in violation of university policies. Those funds come from fees students pay into, inherently privileging religious groups to funding that all students should have access to. Now, a bill (HB 1046) introduced (and immediately withdrawn) in Tennessee’s legislature by Rep. Mark Pody (R) is raising the stakes: if universities don’t tolerate the faith-based anti-LGBT discrimination, they won’t be allowed to have police departments.

Pody has led this campaign for several years because he is particularly troubled by a conflict playing out at Vanderbilt University. Christian student groups on campus have objected to the requirement that they not discriminate based on sexual orientation, claiming they themselves are being discriminated against by having to allow gay students to attend meetings and run for officer positions. The Tennessee legislature passed another of Pody’s bills last year stripping funding for Vanderbilt and any other public university with such an “all-comers” policy, but Gov. Bill Haslam (R) vetoed it. (“All-comers” is shorthand for “all who come are welcome.”)

Unsatisfied by that result, Pody is now threatening the very safety of students on campus with his will to discriminate. Though he immediately withdrew his bill, he says he still intends to replace it with another version. A separate bill also introduced (HB 534) simply creates a new law requiring the universities to tolerate discrimination, as opposed to threatening to cut their police departments if they don’t.

Pody and his allies clearly do not understand university living or learning environments. The entire purpose of nondiscrimination provisions like Vanderbilt’s “all-comers” policy is to ensure that all students have equal access to all resources on campus that they pay into. This ensures a safe and efficient learning environment for all students. It is exactly the eagerness to discriminate exhibited by these Christian groups that makes a campus environment toxic for LGBT students or other affected groups, which quickly becomes a financial burden for the university because recruitment and retention rates decline. That Pody is considering holding campus safety forces hostage to enforce this discrimination shows his motivations are selfish and guided by animus, having little to do with the academic, social, or financial success of Tennessee universities.

LGBT

‘Don’t Say Gay’ Sponsor Compares Homosexuality To Injecting Heroin

Tennessee state Sen. Stacey Campfield (R) is making the press rounds to stump for the new and worsened version of his odious “Don’t Say Gay” bill, which prohibits teachers in grades K-8 from acknowledging the existence of homosexuality and also requires school officials to out gay students to their families. He has already made it clear he believes homosexuality itself is dangerous, and in an interview with TMZ, he doubled down on that absurd belief. After explaining the AIDS epidemic in Africa by claiming that sodomy was more common there among heterosexuals, Campfield went on to compare being gay to using heroin:

TMZ: If they’re going to engage in homosexual acts anyway, why not teach them how to protect themselves from [HIV]?

CAMPFIELD: You know, you could say the same thing about kids who are shooting heroin. We need to show them the best ways to shoot up. No, we don’t. Why do we have to hypersexualize little children? Why can’t we just let little kids be little kids for a while? Why do we have to have little kids be…?

TMZ: Do you believe in sex education period?

CAMPFIELD: …If you can show me where it works, great.

Watch the whole interview (HT: Alvin McEwen):

Sex education actually works when a comprehensive safe sex curriculum is taught, and fails in states that only teach abstinence. Southern states like Mississippi, which has the highest teenage pregnancy rate in the country, are starting to realize this. It’s doubtful, however, that Campfield would be interested in such facts.

Campfield’s understanding of homosexuality is limited to the performance of sex acts. It seems beyond his comprehension that those “little kids” might have same-sex parents. He has no sympathy for those children who might realize at a very young age that they are not the same as all the other kids. Discussing the existence of gay people does nothing to “sexualize” young people, whatever that would even mean. It’s no surprise that the TMZ crew had to wrestle with the idea that Campfield had ever been elected; his understanding of the world around him is severely narrow.

LGBT

‘Don’t Say Gay’ Bill Sponsor: ‘The Act Of Homosexuality Is Very Dangerous’

TN Sen. Stacey Campfield (R)

Tennessee state Sen. Stacey Campfield (R) has reintroduced his “Don’t Say Gay” bill, which not only prevents public school educators from discussing the existence of LGBT people, but now also would mandate teachers and counselors out LGBT students to their parents without their consent. Campfield’s views on homosexuality live up to the threat of his odious bill, according to Nashville Public Radio:

CAMPFIELD: I can’t speak from personal experience, but being homosexual in and of itself is not deadly or dangerous. The act of homosexuality is very dangerous.

He made similar comments in a video interview with The Tennessean, blaming the likelihood of getting AIDS for his “deadly” condemnation. Watch it:

Campfield is borrowing his narrative from the “love the sinner, hate the sin” motto adopted by the Catholic Church and other religious groups to sugarcoat their continued stigmatization of gays and lesbians. A person’s sexual orientation is a core part of their identity that transcends any sexual behavior they might engage in. To separate the two is to erase the community entirely.

But Campfield’s views are more absurd than that. He doesn’t just believe that homosexuality is “dangerous” because of the potential spread of HIV, he actually believes that AIDS “came from the homosexual community — it was one guy screwing a monkey, if I recall correctly, and then having sex with men. It was an airline pilot, if I recall.” He also believes that homosexuality is a “learned behavior” comparable to bestiality. Defending his bill, Campfield has described any teacher who might mention the existence of gay people as “radical,” because they ought to “spend more time on arithmetic.”

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