'Homosexuality' is now legal in Murfreesboro, city leaders decide in response to lawsuit
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The term "homosexuality" stopped being part of a city code prohibiting inappropriate "sexual conduct," the Murfreesboro City Council decided recently.
City Manager Craig Tindall advised the council Oct. 19 to update a city ordinance, dating back to 1949, following a federal First Amendment lawsuit from BoroPride LGBTQ+ supporters and a court order from Judge Waverly D. Crenshaw Jr., the chief judge for the U.S. District Court in Nashville.
The council unanimously voted to eliminate the term, "homosexuality," from the code's definition prohibiting inappropriate sexual conduct.
The LGBTQ+ festival organizers and the American Civil Liberties Union won the court order and a change in the city code prior to the Oct. 28 BoroPride free event for all ages at Tennessee Miller Coliseum in north Murfreesboro.
Crenshaw's ruling tells the Murfreesboro city manager, Mayor Shane McFarland and the council that they "shall not enforce or take any action pursuant to the provision to Murfreesboro City Code 21-71 that includes 'homosexuality' within the definition of 'sexual conduct.'"
The city responded to the court order by saying the government reached a compromise with BoroPride pertaining to the code in question.
Enforcement of the code and the city's recent community decency standards ordinance has concerned supporters of BoroPride and the Rutherford County Library System who worry about book banning.
'We are relieved': BoroPride wins court order to protect LGBTQ+ festival from government
City manager addresses outdated statute
The code dates back to 1949 in defining prohibited “sexual conduct” that includes “homosexuality,” and the language remained in place with a 1977 code update, according to an Oct. 19 council agenda report from the city manager.
“The term homosexuality is an anachronism unenforceable under current law,” Tindall's report said. “Therefore, it should be excluded from the definitions used in these ordinances.”
The council and mayor refrained from commenting when they agreed to update the code by deleting the word “homosexuality” from the definition of “sexual conduct."
Tindall during the meeting only talked about updating "language" in a code that's "unenforceable" without discussing details of the language in question.
The City Council Oct. 19 agenda report from Tindall suggested updating the ordinance was about clarifying code sections that are enforceable for purpose of public safety.
Tindall’s report also said the city has no recollection of ever having enforced the code that prohibited “homosexuality.”
'I gotta believe!': BoroPride pleased with revised festival plan, MTSU public records show
First Amendment expert weighs in
The council's decision to update the code because of a long past position is not uncommon for governments, said Ken Paulson, director of the Free Speech Center at Middle Tennessee State University in Murfreesboro.
“There was a time in the 20th century where governments assumed they had the right to control lifestyles and personal decisions, including living a homosexual lifestyle,” said Paulson, who's also an MTSU media professor and a former editor in chief for USA Today. “It’s a reminder to every government body to recognize that those days are long gone, and anachronistic elements of a legislative code can prove embarrassing.”
Paulson said governments also have had outdated laws pertaining to slavery.
"All legislative bodies would do well to review their long-standing constitutional provisions and codes," Paulson said. "Both Wisconsin and Kentucky still have state constitutions that preserve slavery as a punishment for crimes. Neither state makes use of that provision, but this – and similarly anachronistic language referring to homosexuality and race – sends an unfortunate message to victims of discrimination."
The U.S. Supreme Court banned sodomy laws in 2003 with the Lawrence v. Texas case, said John Vile, a 47-year political science professor, including 35 years at MTSU. The high court ruling means "private, adult and consensual sexual intimacy of same sexes may not be punished by the state," said Vile, who's also the dean of MTSU's Honors College.
BoroPride volunteer: 'It’s hurting our LGBTQ+ community'
BoroPride volunteer Matt Ferry of Murfreesboro said he's glad the council took "homosexuality" out of the ordinance.
"Of course, they only did that after the judge slapped them down and said that BoroPride must happen," Ferry said. "The problem is that the mayor and the city manager keep equating LGBTQ+ with actual sex predators, which couldn’t be further from the truth."
Ferry, past chairman of the Rutherford County Democratic Party, said city officials "keep trying to push this" perspective.
"It’s hurting our LGBTQ+ community," Ferry said. "It’s intimidating them. They were already afraid to come out in the open in Murfreesboro. This is going to make it worse. This is going to make them not want to live here. If Murfreesboro is truly a welcoming place, we should be embracing these folks and not trying to push them away or criminalize them."
BoroPride supporters speak to council: Murfreesboro pride group says they're 'about love and acceptance,' amid controversy
City manager opposed BoroPride's 2022 public drag show
The city's controversy with BoroPride began following the September 2022 festival and drag show.
Tindall sent a letter to BoroPride organizers about a month after the 2022 festival telling them he'd deny any future permits on city property and accused them of exposing “children to a harmful prurient interest."
The 2022 event attracted more than 7,000 people to Cannonsburgh Village, a historic parks and recreation property on Front Street and across Broad Street from Murfreesboro City Hall in the downtown area.
BoroPride organizers were able to book the 2023 festival by reaching an agreement with MTSU by using the Murfreesboro university's Tennessee Miller Coliseum off West Thompson Lane in north Murfreesboro.
The 2023 event attracted 4,500 people, which is a decrease of more than 2,500 from previous year.
LGBTQ+ issue: City's threat to deny future events angers, insults BoroPride organizers
Reach reporter Scott Broden with news tips or questions by emailing him at sbroden@dnj.com. Follow him on Twitter @ScottBroden. To support his work with The Daily News Journal, sign up for a digital subscription.
About BoroPride festival
What is BoroPride: A free LGBTQ+ festival for all ages
Inaugural year: 2016
Initial location: Grounds of historic Rutherford County Courthouse in the center of Murfreesboro's downtown Public Square
Location for 2022 event: Cannonsburgh Village, an historical parks and recreation property in downtown Murfreesboro off Front Street and across Northwest Broad Street (U.S. Highway 41) from nearby Murfreesboro City Hall
Attendance for 2022 BoroPride: More than 7,000 people
Location for 2023 event for all ages: Tennessee Miller Coliseum off West Thompson Lane in north Murfreesboro
Attendance for 2023 BoroPride: 4,500
Location for 2023 BoroPride Drag Show and The BoroPride Drag Pageant for those aged 18 and up: Austin Audio, 707 W. Main St. in downtown Murfreesboro
Total BoroPride festivals: Seven
Note: BoroPride skipped 2020 in the first year of COVID-19 pandemic
Source: Leslie Russell Yost, co-chairperson for 2023 BoroPride
This article originally appeared on Murfreesboro Daily News Journal: BoroPride, ACLU win effort to decriminalize 'homosexuality' in town
