ACLU continues challenge to Tennessee ban on sex changes for driver's licenses
The American Civil Liberties Union of Tennessee, along with Holland & Associates PC, filed a petition in Davidson County Chancery Court May 12 challenging the Tennessee Department of Safety and Homeland Security's continued implementation of the policy, asking the court to review whether the policy is lawful.
The ACLU also filed a motion asking the courts to block the policy while the case continues.
The challenge stems from an April 2024 lawsuit on behalf of a Monroe County woman, which asked that the courts block the department's rule that keeps transgender people from updating their driver's licenses to reflect their gender identities.
The rule was implemented after a state law passed in 2023 requiring all Tennessee residents possess identification that reflects their 'biological sex as determined by anatomy and genetics existing at the time of birth.'
The measure was signed into law by Gov. Bill Lee on May 17, 2023. The ACLU alleges the rule violates a host of provisions of the Tennessee Constitution, including rights to privacy, freedom of speech, equal protection and procedural due process.
The woman at the heart of the lawsuit, identified in court documents by the pseudonym Jane Doe, is a transgender woman, meaning she identifies as a woman but her sex was designated as male at birth, the lawsuit states. Unable to change the gender marker on her driver's license, she is forced to disclose her transgender status each time she hands her driver's license to a third party, the lawsuit stated.
More: Tennessee front and center as US Supreme Court justices clash over transgender health care
'All people deserve the freedom to live their lives safely and with dignity,' Lucas Cameron-Vaughn, ACLU of Tennessee senior staff attorney, said in a statement. 'Our clients need accurate identification documents in order to travel for work and family, to vote, and to engage in everyday life like everyone else. Forcing them to carry identification that contradicts who they are — or else withholding that identification altogether — is cruel, unfair and unlawful.'
A second transgender woman, Chrissy Miller, joined the case in 2024. According to the lawsuit, Miller successfully changed the sex designation on her driver's license. But four months later, the state demanded she surrender her license or face the suspension of her driving privileges — a move that was later blocked by a Davidson County Chancery Court judge.
While movement on the case has been slow, a hearing was held in January 2025 where the state affirmed its commitment to enacting the policy. Weeks later, the plaintiffs then asked the state to stop enforcing its rule while the case proceeded. The state then failed to file a decision on the request in the appropriate timeframe, resulting in May 12's petition by the ACLU.
A spokesperson for Tennessee attorney General Jonathan Skrmetti declined to comment.
Evan Mealins contributed to this report.
The USA TODAY Network - Tennessee's coverage of First Amendment issues is funded through a collaboration between the Freedom Forum and Journalism Funding Partners.
Have a story to tell? Reach Angele Latham by email at alatham@gannett.com, by phone at 931-623-9485, or follow her on Twitter at @angele_latham
This article originally appeared on Nashville Tennessean: ACLU files petition challenging ban on sex changes for drivers licenses
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