Two nearby states last week saw divergent opinions on the role of parents when it comes to LGBT-related policies in public schools. On Thursday, U.S. District Court Judge Deborah L. Boardman issued a ruling on the case Mahmoud et al. v. McKnight et al., regarding Maryland’s opt-out policy for LGBT curriculum. Plaintiffs argued that as parents, they should be allowed to “opt their children out of reading and discussion of books with lesbian, gay, bisexual, transgender, and queer characters because the books’ messages contradict their sincerely held religious beliefs about marriage, human sexuality, and gender.” Boardman, in her opinion ruled the parents do not have a fundamental right to opt children out of curriculum for religious views, further denying a preliminary injunction request pending consideration by the U.S. Court of Appeals for the Fourth Circuit.

Virginia Attorney General Jason Miyares, just a day prior, issued his opinion on the state’s policy regarding exclusion of gender ideology, and sex-segregated bathrooms and sports in public schools. Miyares in the opinion said the parental rights-affirming policies comply with the Virginia Human Rights Act, the Equal Protection Clause of the 14th Amendment, and Title IX of the Education Amendments Act of 1972, making clear that "school boards across the Commonwealth should support and implement them.” Miyares added the Virginia Department of Education's recent adoption of the new model policies "confirms what the overwhelming number of Virginians already know[:] parents have a fundamental right to the care, upbringing, and education of their children,” and that “parents, not government, are in the best position to work with their children on important life decisions."

Tennessee Gov. Bill Lee in 2021 signed into law Pub. Ch. 281, which as enacted, requires a local education agency or public charter school to notify a student's parent or guardian prior to commencing instruction of a sexual orientation or gender identity curriculum and permits a parent or guardian to excuse the parent's or guardian's student from a sexual orientation or gender identity curriculum. Lee this year signed into law Pub. Ch. 285, which requires a student enrolled in a private school participating in athletic activities to do so "in accordance with the student's immutable biological sex as determined by anatomy and genetics existing at the time of birth."

Several law firms involved in a suit against the U.S. government over tainted drinking water at a Marine Corps base are being sued for violating the U.S. Telephone Consumer Protection Act (TCPA), reports Reuters. Violations of the TCPA can result in damages of up to $1,500 per unwanted call or text. The litigation over Camp Lejeune in Jacksonville, North Carolina, is emerging as one of the largest mass tort actions in U.S. history. Over 1,000 federal lawsuits and 93,000 administrative claims have been filed so far on behalf of victims. The U.S. government has estimated its total payout could amount to more than $20 billion.

The 2023 Equal Justice University (EJU) kicks off this week in Murfreesboro, starting with a meeting of the Tennessee Alliance for Legal Services (TALS) board Tuesday evening. Wednesday's opening plenary speaker is Rachel Rossi, director of the U.S. Department of Justice’s Office for Access to Justice, followed by Tennessee Supreme Court Justice Jeffrey Bivins speaking at the Welcome Luncheon. Wednesday afternoon, the Tennessee Supreme Court Access to Justice Commission meets and breakout sessions continue. The evening concludes with the annual Access to Justice Awards Dinner. On Thursday, the TBA Access to Justice Committee meets and TBA President Jim Barry speaks at lunch. The event wraps up Friday morning with a keynote address by Legal Services Corporation President Ron Flagg. The conference is presented by TALS and co-sponsored by the TBA and others.

A story in yesterday's issue of TBA Today misidentified state Rep. Justin Jones' district. He represents House District 52 in Davidson County.

TBA IP Section Members are invited to Patterson Intellectual Property Law, 1600 Division St., Ste. 500, Nashville 37203 on Tuesday, Sept. 5 at 6 p.m. CDT for a fireside chat with USPTO Texas Regional Director Hope Shimabuku followed by a meet and greet happy hour! Please RSVP by Friday, Sept. 1, by calling 615-724-2529 or email RSVP@IPLAWGROUP.COM.

The Tennessee Bar Association Podcast Network is home to a collection of podcasts for the Tennessee attorney. BarBuzz is a monthly rundown of TBA news and upcoming events at the local and state bar levels while Legislative Updates covers activity in the General Assembly, and the Young Lawyers Division offers "War Stories," which features seasoned attorneys talking about lessons learned while practicing law. All shows are now available on Spotify, Apple Podcasts, Google Play, Stitcher, TuneIn and the TBA's website. Simply search the show title or "Tennessee Bar Association" wherever you listen to podcasts.

Tennessee's special legislative session continued today with the House meeting at 2 p.m. and the Senate meeting at 4 p.m. CDT. In the House, spectators in the gallery expressed anger after the body voted 70-20 to silence Rep. Justin Jones, D-Nashville, for the day. The Tennessean reports that Jones earlier had been ruled out of order twice by House Speaker Cameron Sexton, R-Crossville. Democrats walked out of the session after the vote and Sexton ordered troopers to clear the balconies. In the Senate, leaders continued to refuse to open up the committee process and consider more proposals despite a call from Gov. Bill Lee to do so. Lee reportedly asked the Senate to consider 12 previously tabled bills in an effort to broker a compromise with House leadership. The paper has a summary of the bills in question.

Davidson County Chancellor Anne Martin held an expedited hearing at 11 a.m. CDT today in a legal dispute over a decision by the Tennessee House of Representatives to ban protest signs during a specially called session on public safety. Martin heard arguments from the state and ACLU, which filed suit on behalf of three attendees who were removed from a committee hearing after holding up small signs. The group argued that their free speech rights were violated. For the state, Assistant Attorney General Cody Brandon argued the signs were disruptive and that Martin overstepped her authority by temporarily blocking the rules. Martin did not immediately rule but vowed to issue a quick, thorough and thoughtful decision. Read more from the Tennessean.

The U.S. Citizenship and Immigration Services (USCIS) Nashville Office will hold a Virtual Stakeholders Engagement Meeting on Sept. 19 at 10 a.m. CDT. The meeting is for congressional staff and immigration law practitioners who represent clients at the Nashville field office with an interest in local USCIS operations; during the meeting, USCIS staff will provide local updates and respond to pre-submitted questions. TBA Immigration Law Section Chair Terry Olsen has been tasked with obtaining questions for this meeting by Sept. 13. If you would like to submit a question, please email Terry by Sept. 13. RSVP information for the meeting will be provided at a later date.

On Aug. 25, U.S. Citizenship and Immigration Services (USCIS) updated guidance in its policy manual to provide clarification on voter registration access at its administrative naturalization ceremonies. The updated guidance affirms that USCIS provides access to voter registration services at each ceremony and provides organizations offering the services the opportunity to introduce themselves and address the candidates before the ceremony. Read the full update and press release on USCIS's website.