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Voucher Bill Glides Through House, Senate Committees

Tennessee House and Senate education committees passed the governor’s private-school voucher program Tuesday, speeding the $450 million first-year expense to final votes before week’s end.

Senators voted 8-1 to send the measure to the finance committee to be considered Wednesday.

Senate Majority Leader Jack Johnson (R-Franklin), carrying the bill for Gov. Bill Lee, told lawmakers the plan will “empower families to do something for their kid, fulfilling needs we’re not meeting with this public school system that we run together with our local folks.”

Johnson claimed a mandate to pass the measure from President Donald Trump, who posted on his Truth Social platform earlier that he supports Tennessee lawmakers’ efforts to adopt “school choice.”

Senate Republican Majority Leader Jack Johnson of Franklin said Tennessee lawmakers have a “mandate” from President Donald Trump to enact private school vouchers. (Photo: John Partipilo)

“It is our goal to bring education in the United States to the highest level, one that it has never attained before,” Trump said in his post.

Lee’s plan, which is zooming toward final votes in a special session this week, calls for providing more than $7,000 each to 20,000 students statewide and then expanding by about 5,000 annually. Half of those students in the first year could come from families with incomes at 300 percent of the federal poverty level, an estimated $175,000 for a family of four, while the rest would have no income limit. No maximum income would be placed on the program after the first year.

A financial analysis by the state’s Fiscal Review Committee determined K-12 schools will lose $45 million and that only $3.3 million would go toward 12 school districts most likely to lose students.

Senate Minority Leader Raumesh Akbari (D-Memphis) was the lone vote against the bill as she urged the committee to “exercise a bit more caution.” Akbari reminded senators that students participating in the state’s education savings account program, which provides vouchers to enroll in private schools in Davidson, Hamilton, and Shelby counties, are performing worse academically than their peers.

In contrast, Sen. Adam Lowe (R-Calhoun) said standardized tests shouldn’t be the deciding factor in passing the bill. Lowe also told Hawkins County Schools Director Matt Hixson he shouldn’t be worried about talk that some local leaders in upper East Tennessee believe they have to support the voucher bill or the legislature could refuse to approve $420 million for Hurricane Helene disaster relief.  

The House panel endorsed the plan on a 17-7 vote after Republican lawmakers used a procedural move to bypass debate on the bill. Rep. Jake McCalmon (R-Williamson County) called for an immediate vote following public testimony, backed by Rep. William Slater (R-Sumner County). The move kept opponents from questioning the bill’s sponsor, House Majority Leader William Lamberth (R-Portland).

Rep. Gloria Johnson (D-Knoxville) called the move “ridiculous” afterward because of the impact the bill could have on public schools and the state’s budget. 

In addition to complaining that the state will be running two school systems and likely hitting financial problems, Johnson challenged Lamberth’s assertion that the bill will make public schools “whole” when they lose students to the private-school voucher program. 

Lamberth, though, said public schools would not lose “one red cent” as a result of the program.

Tennessee Lookout is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com.

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Gov. Lee Wants Immigration Enforcement Bureau

Buoyed by President Donald Trump’s plan for mass deportation of undocumented immigrants, Tennessee’s governor is proposing to fund an immigration enforcement bureau that could take on deportation authority to remove people from the country.

In a proclamation calling a special session to start January 27, Governor Bill Lee detailed creation of a central immigration agency with enforcement powers and a closer relationship with U.S. courts, and possible use of state courts, to remove undocumented people. Lee’s plan establishes a fund to pay for the agency, but he has not given a cost estimate. 

Under current law, federal authorities handle immigration law, in some instances working with local law enforcement. But this move would give the state wider latitude to enforce those laws, especially in conjunction with a federal court dealing with immigrants accused of “terrorism.”

The state’s attempt to do the federal government’s bidding sets a dangerous precedent for all of us and our constitutional rights.

– Lisa Sherman Luna, Tennessee Immigrant and Refugee Rights Coalition

Lisa Sherman Luna, executive director of the Tennessee Immigrant and Refugee Rights Coalition, said Tuesday state and local processes are handled separately from federal immigration matters.

“The state’s attempt to do the federal government’s bidding sets a dangerous precedent for all of us and our constitutional rights,” Sherman Luna said. 

Lt. Governor Randy McNally said Tuesday even though no bill has been filed, he supports including immigration in the governor’s call for a special session.

“President Trump has made clear he intends to reverse the Biden illegal immigration invasion immediately,” McNally said. He added that undocumented immigrants with felonies and criminal records need to be removed quickly.

Lee has confirmed he would activate the National Guard to take on Trump’s plan to deport “criminals” without citizenship status. Trump, though, has mentioned removing up to 18 million people without documentation and revoking birthright citizenship, which is guaranteed under the Fourteenth Amendment to people born in the country regardless of their parents’ immigration status, as well as children born abroad to U.S. citizens. Twenty-two states filed suit Monday to stop his effort to end birthright citizenship.

Trump declared a national emergency for the U.S.-Mexico border Monday, the day of his inauguration, enabling him to deploy armed forces such as National Guard troops, set up more barriers, complete a wall, and allow for unmanned air surveillance. Tennessee has sent its troops to the border multiple times already. 

The order also allows the Insurrection Act of 1807 to be invoked, granting the president authority to use troops against Americans involved in civil disorder or rebellion.

A separate executive order he signed Monday stopped some legal forms of immigration, including humanitarian parole for nationals from Cuba, Haiti, Nicaragua, and Venezuela, and ended the use of an app for migrants to make appointments with asylum officers.

Under Lee’s plan, in addition to establishing an immigration agency, the state would have the ability to penalize local government officials that adopt sanctuary city policies. Sanctuary city policies, which limit the sharing of information with federal authorities, are illegal in Tennessee.

The proclamation also calls for revising state-issued IDs to determine a person’s immigration status for voting rights and government services. Rep. Gino Bulso (R-Brentwood) is sponsoring a measure requiring financial institutions to check the immigration status of anyone attempting to send money out of the country.

Rep. Gino Bulso, R-Brentwood, is sponsoring a measure requiring financial institutions to check the immigration status of anyone attempting to send money out of the country. (Photo: John Partipilo)

The immigration enforcement plan will be considered during the special session at the same time lawmakers take up the governor’s private-school voucher plan, Hurricane Helene relief for eight East Tennessee counties and establishment of the Tennessee Transportation Financing Authority to help deliver public-private road construction projects. The state is working on a toll lane along I-24 from Nashville to Murfreesboro as part of an act the legislature approved in 2023.

Several immigration-related bills are sponsored, including one by Senator Shane Reeves (R-Murfreesboro) that requires the Department of Safety and Homeland Security to study the enforcement of federal immigration laws, detentions and removals, as well as state investigations and immigrant-related challenges and progress. 

Another measure by Representative Todd Warner (R-Chapel Hill) requires law enforcement agencies to communicate with federal officials about the immigration status for people arrested for a criminal offense.

A bill by state Representative Gino Bulso (R-Brentwood) requires financial institutions to verify the immigration status of a person sending funds outside the United States.

State Senator Todd Gardenhire (R-Chattanooga) is sponsoring a bill that would exempt undocumented immigrant students who otherwise would be reported by local authorities to federal immigration officials for deportation. A law passed in 2024 requires local law enforcement to tell federal immigration agents the immigration status for anyone arrested for a criminal offense.

Tennessee Lookout is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com.

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Lee Confirms He’ll Use National Guard If Trump Wants It

Tennessee Gov. Bill Lee confirmed Wednesday for the first time he would deploy National Guard troops to deport undocumented immigrants if President-elect Donald Trump makes the request.

Speaking to reporters after a groundbreaking event at the Tennessee College of Applied Technology on White Bridge Road in Nashville, Lee said no plan exists for Trump’s strategy to remove criminals who came into America illegally and no requests have been made to use Tennessee National Guard troops for deportation. 

Yet Lee said he fully supports Trump’s plan to remove criminals that are undocumented immigrants, even though the next president has talked, not necessarily about removing criminals, but about deporting some 18 million immigrants, including U.S. citizens who are the children of undocumented parents.

“What I believe is that President Trump was elected saying what he wanted to do and the people elected him in a very strong fashion,” Lee said. “And I am supportive of his strategies going forward, and if that includes utilizing the national guard at the president’s request, then I’ll work together with governors across the country to do that.”

Lee previously issued a statement saying he asked state agencies to prepare to support Trump’s efforts to secure the nation’s borders and keep communities safe. That came after he spoke vaguely about the matter in a December press conference, saying the next president will set his strategies and the state would work to “implement strategies that work for Tennessee.”

Tennessee immigrant rights group condemns Gov. Lee’s commitment to support Trump deportations

He said that a day before the Republican Governors Association issued a letter signed by Lee saying it stands “united” in supporting Trump’s commitment to deal with the “illegal immigration crisis and deporting illegal immigrants who pose a threat to our communities and national security.”

The governor declined to speculate Wednesday about whether troops from some states might go into other states to deport immigrants if governors refuse to follow Trump’s orders to deploy their national guards.

A one-time mass deportation of about 11 million people who lack permanent legal status and 2.3 million more who crossed the U.S. southern border from January 2023 through April 2024 could cost an estimated $315 billion, according to the American Immigration Council.

The Tennessee Immigrant and Refugee Rights Coalition previously condemned Lee’s commitment, saying the move would hurt families and the local economy. The immigrant rights group said business leaders, economists, faith leaders and legal experts believe such a plan would be “disastrous.”

Republican leaders in the Tennessee legislature back Lee’s willingness to use troops, while Democrats criticize it as an attack on the immigrant community.

Tennessee Lookout is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com.

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State GOP Bill Would Tamp Down Hate Groups

With support from Metro Nashville’s mayor, two Republican lawmakers are sponsoring a measure designed to handcuff hate groups such as those that targeted a synagogue and marched in Nashville last year.

Notably, it prohibits the transport of people in box trucks, such as the rental vehicles used to carry neo-Nazi groups to Nashville locations, and gives police more latitude to charge people with violating the law.

But one First Amendment expert said the bill is on “constitutional thin ice” even though California adopted a similar law.

“It’s important to remember that hate speech is completely protected by the First Amendment to the U.S. Constitution. It’s not a close call. Hateful things are protected under the First Amendment no matter how ugly or disturbing or rude they happen to be,” said Ken Paulson, director of the Free Speech Center at MTSU in Murfreesboro.

Allowing government to define hate speech would be “extraordinarily dangerous,” Paulson added, because each administration could find different things to be hateful.

Those committing hate crimes need to be held accountable, says Tennessee House Majority Leader Rep. William Lamberth of a proposed bill. (Photo: John Partipilo)

House Majority Leader William Lamberth (R-Portland) sponsored a resolution in 2024 condemning neo-Nazis that marched through downtown Nashville carrying swastika flags and wearing masks. With the 2025 legislative session approaching on Jan. 14, Lamberth and Sen. Mark Pody (R-Lebanon) are sponsoring House Bill 55, which revamps state laws dealing with littering and trespassing, police procedures and obstruction of justice, and road safety to tamp down hate speech and intimidation.

Groups handed out anti-Jewish literature to members of a Nashville synagogue and held signs at overpasses promoting hateful messages.

“These tactics are deliberate efforts to terrify people and create profound distress,” Lamberth said in a statement. He added that people who commit hate crimes, “often anonymously,” should be held accountable. 

Pody, who represents part of Davidson County, said the bill represents the state’s “unwavering commitment” to protecting communities from antisemitism, intimidation and extremism.

Dubbed the Protecting Everyone Against Crime and Extremism Act (PEACE) Act, the bill sets up new limitations for littering and trespassing to keep hate groups from flooding neighborhoods and parking lots with fliers.

Lamberth said Monday the bill is “carefully crafted” to avoid problems with broad interpretation or the potential for police to crack down on rallies and protests that don’t involve hate speech.

The Metro Nashville Council passed an ordinance last year targeting hate groups after marches took place in Nashville, and Mayor Freddie O’Connell said in a statement he appreciates the effort to stop such intimidation and give law enforcement more tools to handle these situations.

“It sends the message that hateful acts will never be tolerated here,” O’Connell said.

The Tennessee Bureau of Investigation reported 122 incidents in 2023 motivated by bias involving race, religion, sexuality, and disability, down slightly from 129 in 2022 and 135 in 2021. Some 35 percent to 41 percent of those were anti-Black or African American, the report shows.

It’s not a close call. Hateful things are protected under the First Amendment no matter how ugly or disturbing or rude they happen to be.

– Ken Paulson, director, Free Speech Center at Middle Tennessee State University

State Rep. John Ray Clemmons (D-Nashville) said Monday he appreciates the spirit of the legislation because he feels too many people, including his family, have been victims of the type of hate speech the bill is trying to prevent. Clemmons, though, indicated the measure might need changes.

“I hope to work with the sponsors to ensure that the legislation, in its final form, is constitutionally sound and achieves its stated, intended purpose,” said Clemmons, chairman of the House Democratic Caucus.

The measure makes it a Class A misdemeanor to pass out literature considered a form of hate speech or intimidate someone to prevent them from exercising constitutional rights such as religious freedom or the ability to vote.

The bill also gives law enforcement officers more leeway for enforcement.

For the second week in a row, neo-Nazis take to Nashville streets

It creates a buffer zone of 25 feet between officers and people who are ordered to stop and makes it a Class B misdemeanor to violate that space.

The bill also requires a person to give their name to an officer who asks them to identify themselves and makes it a Class C misdemeanor to refuse or to give a fake name.

Using a box truck to transport people would be made a Class B misdemeanor under the bill. At least one group used a rental truck to bring its members into town to rally.

Likewise, the bill would make it illegal to put a sign, signal or marking on a bridge, overpass or tunnel.

In addition, police could use “probable cause” to charge someone with violating the law regardless of whether they saw the person commit the act.

Paulson said most controversies have two points of view, and each side believes the other is hateful. 

Governments can ban all littering and banners hanging from overpasses, but they can’t prohibit only those pieces of literature and banners they regard as hateful, Paulson said.

“If you ban Nazi pamphlets, you also have to ban pizza joints passing out coupons in public. You cannot discriminate on the basis of ideas,” he said.

Tennessee Lookout is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com.

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Gov. Lee Readies State Agencies for Trump Deportations on “Day 1”

Tennessee Gov. Bill Lee is set to use state personnel, likely National Guard troops and highway patrol officers, to back President-elect Donald Trump’s plan to deport millions of immigrants when he takes office in January 2025.

The Republican governor issued a statement on the social media platform X last week saying, “I have asked key state agencies to begin making preparations & stand ready on Day 1 to support President Trump’s efforts to secure our Nation’s borders & keep communities safe.”

The statement marked the governor’s first confirmation that he is willing to use Tennessee personnel, which could include troops and state officers, to remove undocumented immigrants as part of a national effort by Trump to deport millions of people.

Lee sent the message on the heels of a statement from the Republican Governors Association saying it stands “united” in supporting Trump’s commitment to deal with the “illegal immigration crisis and deporting illegal immigrants who pose a threat to our communities and national security.”

Via X: “I have asked key state agencies to begin making preparations & stand ready on Day 1 to support President Trump’s efforts to secure our Nation’s borders & keep communities safe.”

Read more here: https://t.co/qWl7FJbM2A

— Gov. Bill Lee (@GovBillLee) December 16, 2024

A one-time mass deportation of about 11 million people who lack permanent legal status and 2.3 million more who crossed the U.S. southern border from January 2023 through April 2024 could cost an estimated $315 billion, according to the American Immigration Council. 

The Tennessee Immigrant and Refugee Rights Coalition condemned Lee’s commitment, saying such a move would hurt families and the local economy. The group said Lee and 25 Republican governors signed a letter committing to “utilize every tool” at their disposal, which would include state law enforcement and the National Guard.

The immigrant rights group said such a plan has been deemed “disastrous” by business leaders, economists, faith leaders and legal experts.

“Whether fleeing danger or seeking opportunity, immigrants enrich our state and strengthen our communities. Rounding up families is not just a moral disaster, but an economic one, crippling our businesses and agriculture and grinding production to a halt,” the coalition said in a statement. “Further, the state resources wasted on mass deportations could instead provide housing, healthcare, and education for Tennessee working families.”

“I don’t think ICE is big enough to handle all that due to the number of people who’ve come across the border who are criminals and committed crimes,” said House Speaker Cameron Sexton of using state resources. (Photo: John Partipilo)

Yet key Republican lawmakers are in the governor’s corner.

In a statement to the Tennessee Lookout, Lt. Gov. Randy McNally said, “The illegal immigration crisis, which has been untenable for many years, exploded under the Biden administration. The voters of our state and our nation have made it clear that they want the crisis resolved and President Trump is committed to resolving it. Activating the National Guard to secure our border and assist with deportations is entirely appropriate. I believe the legislature would and should approve such an effort.”

House Speaker Cameron Sexton told the Lookout last week governors would make decisions with the federal government but added that he supports removal of some immigrants.

“You’ve gotta get illegals who’ve committed crimes in our country out of the country,” Sexton said. “I don’t care where they are, you’ve gotta get them out. I don’t think ICE is big enough to handle all that due to the number of people who’ve come across the border who are criminals and committed crimes.”

While Sexton spoke about immigrants charged with crimes since coming to America, Trump hasn’t always differentiated between that group and other immigrants who make up a large sector of the nation’s workforce.

Trump’s pick for “border czar,” Tom Homan, has said the president-elect made it clear he would prioritize deportation for immigrants who are gang members and considered dangerous, while also saying anyone in the country illegally “shouldn’t feel comfortable.”

Although the Republican Governors Association accused President Joe Biden of failing to secure the border, a report by the Migration Policy Institute shows the Biden Administration is on track to remove nearly as many people as the Trump Administration — 1.1 million for the roughly three years from the start of fiscal 2021 through February 2024 — compared to 1.5 million deportations during Trump’s four years of 2016 to 2020.

The report says the Biden Administration also undertook 3 million migrant expulsions during the Covid pandemic era from March 2020 to May 2023 for a total of almost 4.4 million repatriations.

Since the Covid ban on migration ended, the Biden administration increased deportations and removed or returned 775,000 migrants, the most since 2010, according to the migrationpolicy.org article.

Still, Trump has touched on using federal troops to assist in deportation, and Republican governors are showing a willingness to put state troops and officers into the fray.

The immigrant rights coalition said the governor’s statement gives local law enforcement and the National Guard a “rubber stamp” to “overstep their jurisdiction and forcefully detain our neighbors,” which sets a “dangerous precedent for all Tennesseans.”

If illegal immigration is as big a problem in Tennessee as Lee now claims and we have the legal authority to do something about it, then Tennesseans should ask Gov. Lee and this Republican supermajority why the state has failed to do more.

– Rep. John Ray Clemmons, D-Nashville

The coalition’s statement adds the governor is “placing a dark stain on our state” and that it is “ready to defend our communities and protect one another.”

State Rep. John Ray Clemmons (D-Nashville) said the governor’s use of “bigoted talking points” is causing hostility toward his constituents. He encouraged the governor to visit his district in South Nashville to see the “thriving” businesses and children studying in local schools.

Clemmons acknowledged that dangerous criminals, gang members and terrorists in the country illegally should be removed. He added that the legislature approved $161 million for the Department of Homeland Security, $110 million to the Tennessee Bureau of Investigation and $18 million to the Military Department for related purposes.

“If illegal immigration is as big a problem in Tennessee as Lee now claims and we have the legal authority to do something about it, then Tennesseans should ask Gov. Lee and this Republican supermajority why the state has failed to do more,” Clemmons said.

Clemmons, though, said he believes the state’s jurisdiction and ability to enforce federal immigration policies could be entangled in “complex legal questions.”

Tennessee Lookout is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com.

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Kelsey Takes Conviction Request to U.S. Supreme Court

Two years after being sentenced to prison for breaking federal campaign finance laws, former Tennessee state Sen. Brian Kelsey (R-Germantown) is asking the U.S. Supreme Court to reverse his conviction on a technicality.

Kelsey, who served in the state House and Senate, filed a request Dec. 2 for the nation’s highest court to review a decision by the U.S. 6th Circuit Court of Appeals, which refused to reverse his guilty plea and grant a trial after U.S. District Court Judge Waverly Crenshaw sentenced him to serve 21 months in prison.

Kelsey’s filing says federal prosecutors violated his plea agreement at the sentencing hearing two years ago, in part by advocating for a harsher punishment, even though he received less time than he could have under federal law after Crenshaw took character witnesses into account.

U.S. Appeals Court upholds Tennessee former state Sen. Brian Kelsey’s guilty plea

Kelsey pleaded guilty in November 2022 to funneling more than $100,000 from his state campaign account through two political action committees to the American Conservative Union, which bought digital and radio advertising to bolster his failed bid for a congressional seat in 2016.

Represented by Nashville attorney Joy Boyd Longnecker of Barnes & Thornburg, the fourth change of legal counsel in the case, Kelsey says the 6th Circuit Court of Appeals applied the wrong type of review when it denied his request to renege on the guilty plea and go to trial.

Kelsey says federal prosecutors agreed not to seek a harsher penalty for perjury or obstruction of justice — after Kelsey backed away from his guilty plea — but then contradicted themselves at the sentencing hearing when questioned by the judge.

Initially, the 6th Circuit Court of Appeals upheld the 21-month prison sentence and ordered Kelsey to report Oct. 1 to a federal facility in Ashland, Kentucky. But then it gave him a 90-day reprieve allowing him to file a petition for a writ of certiorari with the Supreme Court. He is to report to prison if the high court refuses to hear the case.

Kelsey, who has been living in Lexington, Kentucky, conspired with Josh Smith, owner of The Standard dinner club in downtown Nashville, former state Rep. Jeremy Durham and Republican supporter Andy Miller to run the money from his state account through The Standard political action committee and Citizens 4 Ethics in Government to cover up the movement of funds. The American Conservative Union then received the money and used it to buy radio and digital ads to back Kelsey’s campaign.

Federal campaign finance regulations prohibit state campaign money from being used for federal races, mainly because it is raised under different rules.

Smith pleaded guilty in connection with the case and was fined $250,000 and sentenced to five years of probation after agreeing to cooperate with federal prosecutors.

Kelsey SCOTUS appeal

Tennessee Lookout is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com.

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Tennessee’s Gender Affirming Care Ban for Children Goes to U.S. Supreme Court for Arguments

Tennessee’s Attorney General is set to defend the state’s gender affirming care ban for minors in the U.S. Supreme Court Wednesday against challengers who say the 2023 law endangers children.

While attorneys for the plaintiffs claim the law violates the Constitution’s equal protection clause, Tennessee Attorney General Jonathan Skrmetti said lawmakers took “measured action” in 2023 when they prohibited gender affirming care for children to protect them from “irreversible, unproven medical procedures.”

“Lawmakers recognized that there is little to no credible evidence to justify the serious risks these procedures present to youth and joined a growing number of European countries in restricting their use on minors with gender-identity issues,” Skrmetti said in advance of oral arguments at the high court in Washington, D.C.

One of Tennessee’s main claims is that the Constitution doesn’t stop states from regulating medical practices involving “hot-button social issues.” Primarily, though, the state says the law doesn’t discriminate based on sex.

“Little to no credible evidence to justify the serious risks these procedures present to youth,” said Tennessee Attorney General Jonathan Skrmetti of gender affirming care for minors. (Photo: John Partipilo)

But the father leading the legal challenge against Tennessee’s law said the ban on gender affirming medical care is “an active threat” to his daughter’s future.

“It infringes not only on her freedom to be herself but on our family’s love,” the father said Monday morning in an online press conference. He said his daughter started taking puberty-blocking medications and then hormone therapy at age 13, only after nine months of conversations and consultation with experts and physicians, and is “happy and healthy” as she prepares for college.

Another father, an Ohio lobbyist who identified himself in the press conference as a Republican, said his son was near suicide in 2012 before starting the years-long process of changing sexes.

“One thing I learned was being transgender is a real thing, and if it’s a real thing, in my view, it transcends any political ideology,” the man said.

Represented by the American Civil Liberties Union, ACLU of Tennessee, Lambda Legal and Akin Gump Strauss Hauer & Feld, three families of transgender children say Tennessee’s law violates their constitutional right to equal protection under the law. Dr. Susan Lacy of Memphis is among the plaintiffs as well.

Chase Strangio, an attorney for the ACLU, said Tennessee banned hormone therapy and puberty-delaying medication for children only when prescribed to allow adolescents to live and identify with a sex “inconsistent” with their sex at birth, making it a violation of their rights.

“We are simply asking the Supreme Court to recognize that when a law treats people differently based on their sex, the same equal protection principles apply regardless of whether the group impacted by the law happens to be transgender,” Strangio said.

It’s about whether politicians can restrict access to healthcare treatments in order to impose their narrow, harmful, stereotypical view of gender.

– Sasha Buchert, Lambda Legal

Sasha Buchert of Lambda Legal said the case’s outcome will determine whether families will continue to have the freedom to make medical decisions with their doctors. Otherwise, “unqualified politicians will step into the shoes of families and medical professionals to make those decisions in ways that undermine the care, safety, and dignity of transgender youth,” Buchert said.

Buchert said the argument goes beyond access to gender affirming care, which has been restricted in 24 states, to whether the courts will uphold decades of legal precedent affirming that the state must “show its work when it chooses to discriminate on the basis of sex.”

“It’s about whether politicians can restrict access to healthcare treatments in order to impose their narrow, harmful, stereotypical view of gender,” Buchert said.

Tennessee Senate Majority Leader Jack Johnson (R-Franklin) and House Majority Leader William Lamberth (R-Portland) filed the gender affirming care ban bill in 2023 after a right-wing media outlet reported that Vanderbilt University Medical Center was providing the treatment to children. The hospital said it wasn’t performing surgeries on minors.

U.S. Sen. Marsha Blackburn headlines anti-transgender rally in Nashville

Johnson and several other lawmakers introduced the bill in a rally at the Capitol attended by hate groups. It passed the legislature largely along party lines, although three Democrats voted for it in the House.

In a brief filed with the Supreme Court, Skrmetti backed up his argument by saying European countries that pioneered gender affirming care treatment started pulling back because of concerns about safety and effectiveness. The brief said Tennessee lawmakers considered European restrictions and listened to accounts “of regret and harm” from people who switched back to their original sex.

Skrmetti’s brief says the federal government, which entered the legal battle on the side of the plaintiffs, is trying to displace Tennessee’s law “by reading its preferred policies into the Constitution.” The attorney general’s brief says Senate Bill 1 contains no sex classification and differentiates between minors seeking gender transition drugs and those seeking treatment for other medical purposes.

Plaintiffs in the case say the 6th Circuit Court of Appeals, which struck down the lower court’s decision to block the law, failed to look at the case with “heightened review,” a legal standard for evaluating constitutionality based on characteristics such as gender.

But Skrmetti’s brief says the court should decline such “doctrinal revolution” because sex isn’t a “but-for cause of SB1’s age- and used-based restrictions.”

Tennessee Lookout is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and X.

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State Budget Flags On Business Tax Breaks

Tennessee’s State Funding Board approved conservative growth rates Thursday as revenue flags in the wake of a major business tax reduction.

The board, which is made up of the state’s three constitutional officers and finance commissioner, set a growth rate in general fund revenue of 1 percent to 2 percent and total tax growth at 1.25 percent to 2.15 percent for fiscal 2025-26.

With this year’s overall budget at $52.8 billion, the board maintained the total growth rate projection for fiscal 2024-25 at negative-1.68 percent to negative-1.34 percent. The board was forced to roll back projections at mid-year because of weak revenue.

Economic experts told the board earlier this month that the economy is in good shape but that growth is slowing after double-digit revenue two years ago. The state also is facing a $1.9 billion business tax reduction over several years after lawmakers approved a request by Gov. Bill Lee to eliminate the property portion of the state’s franchise and excise taxes. That came on the heels of a business tax break the previous year.

Tennessee lawmakers still at odds over business tax cut as session enters final days

The Department of Revenue has processed nearly $900 million in rebates this year, and more are expected.

Tennessee’s growth rate usually lies between 3.5 percent to 5 percent, but staff expected revenue to slow down and built in a cushion over the past two years, Budget Director David Thurman said.

In recent budget hearings, state departments and agencies requested more than $4.2 billion in funding increases for fiscal 2025-26 to deal with inflation and improvements in state services. But the revenue forecast isn’t expected to come close to matching that figure, even with federal funds covering some of the costs.

The weak budget outlook could affect lawmakers’ decisions on providing funds to flood-ravage counties in East Tennessee and the governor’s proposed private-school voucher program, which was not approved this year but has $144 million in unused funds in the budget.

Tennessee Lookout is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and X.

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Early Voting Drops Statewide as Davidson, Shelby See Major Declines

More than 2.2 million Tennesseans cast ballots during early voting over the past two weeks as turnout nearly reached 46 percent, nearly 3 percent fewer than the 2020 presidential election total. 

Early voting in person totaled 2,132,610, and 82,253 were cast by mail, for a total of 2,214,870 through Oct. 31st, the final day of early voting, according to the Secretary of State’s office.

Though some involved in the presidential election are calling it the most important one in this era, early voting numbers don’t quite match that view, falling 2.89 percent. Tennessee typically sees about half of voters go to the polls early.

Early voting turnout in the 2020 presidential election between current President Joe Biden and Donald Trump, who was the incumbent at the time, hit 2,280,767, nearly 66,000 more than cast ballots so far in this year’s election between Vice President Kamala Harris and former President Trump.

Both early voting totals, though, are much higher than in 2016 when 1.67 million Tennesseans cast ballots early as Trump defeated former Secretary of State Hillary Clinton, the Secretary of State’s figures show.

Enthusiasm across Tennessee through the 14 days of early voting was evident, as Tennessee saw more than 2.13 million registered voters cast their ballots in person — a new record.

– Doug Kufner, Tennessee Secretary of State’s office

Among the state’s biggest counties, Davidson, typically a stronghold for Democrats, showed a major decline in early voting from four years ago, dropping off 13.3 percent as 219,411 cast ballots early compared to 253,123 in 2020. 

Davidson County Elections Administrator Jeff Roberts said the difference could be that 34,000 people voted by absentee ballots during the COVID-19 pandemic in 2020 compared to 13,000 this year, a difference of 21,000. All of those are counted as mail-in ballots.

Absentee balloting fell off by nearly 61 percent this fall to 82,253 from 210,428 in 2020 when many voters were afraid to go to the polls and risk catching COVID-19. The American Civil Liberties Union sued the state to give voters more exceptions to vote absentee four years ago.

Davidson County was split into three congressional districts before the 2022 vote, a move that gave Republicans an advantage in winning all three seats and forced longtime Democratic U.S. Rep. Jim Cooper to step away from Congress.

Early voting in Shelby County, another focal point for Democrats, fell off even more dramatically, dropping by 20.9 percent to 257,733 this fall from 326,007 in 2020. Shelby County’s decrease of 68,274 early voters topped the total state decline of 65,900.

Hamilton County, in contrast, saw a 13.2 percent increase with 117,254 casting ballots early compared to 103,590 four years ago.

Knox County reported a small decrease, down .61 percent to 170,736 from 171,790 in 2020.

Rutherford County also reported a 2.7 percent decrease in early voting, dipping to 117,040 from 120,281 four years ago. In addition, Williamson County dipped .57 percent, from 122,277 in 2020 to 121,585 this year. 

Secretary of State spokesperson Doug Kufner said early voting ran well because of the work of county election commission staff and poll workers statewide.

“Enthusiasm across Tennessee through the 14 days of early voting was evident, as Tennessee saw more than 2.13 million registered voters cast their ballots in person — a new record. Seventy-six counties also exceeded their in-person early voting turnout from 2020. We anticipate a robust Election Day turnout, and we encourage all registered Tennesseans who have not yet voted to make their voice heard on Nov. 5,” Kufner said in a statement.

In spite of disruptions from Hurricane Helene, most of the counties that suffered from massive flooding reported early voting increases. In some instances, election officials in those counties had to change voting sites because of flood damage and road outages.

Greene County, for instance, experienced an early voting increase of 30.4 percent with 19,851 casting ballots this year, compared to 15,220 in 2020.

Carter County saw early voting increase by 21.2 percent with 14,753 participating this year compared to 12,169 four years ago.

Washington County experienced a 6.8 percent jump in early voting totals, going to 45,825 from 42,909.

Johnson County saw a small increase of 1.92 percent as early voting went up to 5,474 from 5,371 in 2020. Cocke County also saw a bit of an increase with early voting jumping 3.3 percent, to 10,670 from 10,325 in 2020.

Unicoi County saw a slight decline of 1.73 percent to 6,067 this year from 6,174 four years ago.

Tennessee Lookout is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and X.

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Investigation Urged on State Sen. Brent Taylor’s Online Posts

A West Tennessee prosecutor has requested a state investigation into a Memphis senator for allegedly breaking state law by posting documents online containing a defendant’s personal information, possibly after obtaining it from the Gibson County Sheriff’s Office.

District Attorney General Fred Agee confirmed to the Tennessee Lookout he filed a complaint with the Comptroller’s Office and Tennessee Bureau of Investigation, asking them to investigate whether Sen. Brent Taylor (R-Memphis) put information on X showing a man’s birth date and Social Security number, which would be a Class B misdemeanor accompanied by nearly six months in jail.

Agee, a Republican whose prosecutorial district covers Crockett, Haywood, and Gibson counties, requested the appointment of a pro tem prosecutor to look into the matter. He said the items were posted online for at least 10 hours.

“With all the identity theft that goes on daily, I felt I had a duty to report it and to also ask for a special prosecutor since [Taylor’s] social media post was directed toward me,” Agee told the Lookout.

Taylor responded to questions by text message Tuesday, saying he posted the public record “for the benefit” of constituents and West Tennesseans to show an example of “outrageous plea deals” Agee reaches. He reiterated his claim that Agee and Mulroy are “soft on crime.”

“When I discovered one of the dozens of documents, that have been passed around more than a joint at a Willie Nelson concert, may have possibly contained a Social Security number, I quickly replaced them with newly redacted documents out of an abundance of caution,” Taylor said.

As part of the investigation request, Agee said he asked the state’s investigative agencies to see whether the Gibson County Sheriff’s Office gave the information to Taylor. Separately, Gibson County Sheriff Paul Thomas has been indicted in connection with directing inmate labor to an outside company he owned as part of a $1.4 million scheme.

The situation stems, in part, from an op-ed Agee wrote Aug. 6 for The Daily Memphian supporting Shelby County District Attorney General Steve Mulroy, a Democrat accused of being soft on crime and threatened with an ouster by Taylor and House Speaker Cameron Sexton (R-Crossville). Taylor has said he will file legislation to have Mulroy removed from office during next year’s legislative session.

Taylor posted documents within the last two weeks to paint Agee as a liberal prosecutor by detailing a plea agreement Agee’s office made with Brewston Lamonte Cole, who has been convicted of multiple DUIs, drug possession, firearms possession, violation of the sex offender registry, and violation of probation. Cole was sentenced to 10 years in prison, but that was suspended for probation or supervision by Community Corrections. He had served nearly four months in jail already after having his bond revoked and will receive a harsher sentence if he doesn’t comply with probation requirements.

As part of that post, Taylor put up three Google Drive links containing the plea agreement document that listed Cole’s birthday and Social Security number. The Lookout has obtained screenshots of Taylor posts and those links, which have since been removed, and the documents reposted without the personal information.

The state Comptroller’s Office declined to confirm it has been requested to investigate the matter.

Tennessee Lookout is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and X.