A federal court permanently enjoined Tennessee from enforcing a law mandating that businesses fasten signs outside bathrooms if they allow transgender people to use the facilities.
The law compelled private businesses to display a sign that"improperly privileges one highly contestable viewpoint over another" in violation of the First Amendment and other Supreme Court precedents, the U.S. District Court for the Middle District of Tennessee determined.
"The Supreme Court nevertheless held that the law violated the First Amendment because it, in effect, 'co-opt[ed] the [regulated] facilities to deliver its message' on the highly controversial topics of contraception and abortion," the court wrote."The Supreme Court has expressly recognized that 'sexual orientation and gender identity' are among the 'controversial subjects' capable of raising such constitutional concerns.
"Public restrooms exist for the convenience of a business’s customers, not as the business’s actual product," she continued."The Act, however, does not simply require a facility to accurately disclose its policies; it requires the facility to voice the government’s characterization of those policies. That characterization, moreover, is not itself simply some neutral, non-ideological statement.
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