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Marriage Refusal Bill Fails; Suit for Online-Ordained Ministers Set for August

A bill that would have allowed officials in Tennessee to refuse to conduct a marriage ceremony based on their “conscience or religious beliefs” did not become law this year, and a trial is set for this summer to decide the fate of marriages performed by ministers who were ordained online. 

Tennessee state Rep. Monty Fritts (R-Kingston) sponsored the legislation and called it “a freedom bill” to protect the rights of officiants at wedding ceremonies. During a debate on the House floor last month, Fritts admitted he was not aware of anyone in the state who had been forced to solemnize a wedding. He called that point “irrelevant” and said it was, instead, important to incorporate the right to refuse to perform wedding ceremonies into Tennessee state law. 

LGBTQ advocates worried that the bill would officially limit couples’ access to marriage in the state. The bill was written broadly and advocates were concerned that it would allow county clerks or or other government officials to deny marriages to LGBTQ+ couples. 

This idea gained national attention in 2015, when Kim Clark, a Kentucky county clerk, refused to issue marriage licenses to same-sex couples, citing personal beliefs. Davis was, ultimately, protected from litigation in her official capacity but a jury is set to decide this summer what damages she may personally owe to a couple, according to WKYT

Rep. Justin Pearson (D-Memphis) said the legislation, and other bills of a similar nature, are based in hypotheses and take up pointless time and energy in the Tennessee General Assembly.    

“… This type of legislation is harmful not only in its practice, but in the messages that it is sending about who has rights in our cities, in our state, and in our country,” Pearson said. “By doing this, it is helping to fuel people who do not care for inclusion, who do not care for love, and people loving whoever it is that they choose to love — that God’s given them the ability to love. … Instead it is trying to support a vision, a perspective of people who would like to see other folks subjugated, dejected, and rejected.”

The bill passed a full House vote after speeding through the committee process in just over a month. However, it was postponed for consideration until next year in its first consideration in the Senate Judiciary Committee. 

The bill’s failure may mark a bright spot on the legislative session for LGBTQ+ advocates. But its power is dimmed amid several other bills targeting the LGBTQ+ community, including a bills to ban drag shows and to outlaw gender-affirming care for trans youth. 

 ”The Tennessee House of Representatives continues to be one of the most dangerous legislative chambers in the country for LGBTQ+ people,” Tennessee Equality Project executive director Chris Sanders said in a statement. “They have ignored constituents in their offices, phone calls, and compelling committee testimony. It is time they became the People’s House again.”

Meanwhile, the Universal Life Church (ULC) said a lawsuit that would allow online-ordained ministers to perform marriages in the state is slated for a hearing in August. The original suit was filed in 2019, after Tennessee lawmakers passed a law banning such ministers from performing marriages in the state. 

”For the last four years, we’ve contended with delay after delay after delay as the state and local officials we sued have employed legal tactics to absolve themselves of responsibility and prolong our expensive battle,” ULC said in a March blog post.

While the Tennessee law was quickly blocked by a judge, ULC said it’s still not certain its ministers can legally perform weddings. Further, the status of marriages performed by ULC ministers would remain unclear if the group loses its lawsuit. 

”Reading all of this, you might be frightened,” ULC said in a blog post last month. “We won’t lie: so are we.”

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Reactions Megathread: Black Tennessee Lawmakers Expelled for Protests

The white-majority, GOP-dominated Tennessee House of Representatives expelled two Black lawmakers Thursday (but kept one white lawmaker on the same offenses) as the country looked on.

The Memphis Flyer will capture as many reactions to the news here as we can. This thread will be updated as reactions come in throughout the day.

Reverend Al Sharpton, founder and president of the National Action Network:

“The Tennessee House’s decision to remove two Black legislators who exercised their right to free speech was a plain and simple attack on our democracy. How can you remove these lawmakers, who spoke for thousands of Black Tennesseans living under the threat of gun violence every day, but stop short of removing their white colleague and deny this is a racist action? The National Action Network stands with our Nashville Chapter in supporting their fundamental right to protest, especially against the gun violence that consistently and persistently impacts Black communities.”

JB Smiley, Memphis City Council member

“The Shelby County Commission must immediately return Representative Justin J. Pearson to the Tennessee General Assembly. This is a sad day for Tennessee. The Republican super majority in the Tennessee General Assembly has put its knee on the neck of democracy in this state and in this country. I hope people will hold the dishonorable representatives who voted to expel Representative Pearson accountable for their actions and recognize that they have a total disregard for the thousands of constituents affected by such actions.”

Joint statement by Lisa Sherman Luna, executive director, Tennessee Immigrant and Refugee Rights Coalition Votes; Tequila Johnson, executive director, Equity Alliance Action Fund; and Tikeila Rucker, political organizer, MemphisForAll:

“The power of our democracy is that the people choose our leaders to represent us, not the other way around. Our communities came together to elect Representatives Gloria Johnson, Justin Jones, and Justin J. Pearson because they are bold, progressive champions and we knew they would fight to make sure our families have opportunities to thrive. We knocked on thousands of doors, called voters across the state, and elected leaders that listened to our voices and represented our communities.

“But in the face of the growing political power of Black and brown communities, the power-hungry supermajority is doing everything they can to silence our voices and disenfranchise our communities, including ousting two young black men who were duly elected. Expelling Justin Jones and Justin J. Pearson is an unprecedented power grab that directly undermines our democracy, but it isn’t their first attack. They redrew congressional maps to break up Nashville to dilute the growing power of black and brown communities. They shrunk the size of the Nashville metro council from 40 to 20 members, forcing the city to redraw districts, eliminating leaders that represent our communities and throwing the city into political chaos. They’re coming after local authority in every city that dares challenge them. All of these attacks are tied together. They saw our power, and they’re doing everything they can to stop it.

“And let us not forget what started all of this: the House GOP’s refusal to take action to protect our children from gun violence in the wake of the terrible tragedy at the Covenant School last week. They want to distract and divide us with political stunts instead of focusing on making our schools safe.

“But we aren’t backing down. We are registering voters and organizing our communities to turn out for every election and elect leaders that will build a state that works for all of us. Just like we came together to elect Representatives Jones and Pearson the first time, we will keep showing up to elect champions, hold our government accountable, and pass policies that help our families thrive and keep our children safe. Tennessee is on the front lines of defending our democracy in this country. For years our movements have been fighting to defend and build a truly multiracial and pluralistic democracy in our state — and we won’t give up now.”

U.S. Rep. Steve Cohen:

“As a longtime state Senator and current member of Congress, I appreciate that certain rules of decorum are necessary for conducting the people’s business in our state legislature. But I view the expulsion votes today as a provocative and disproportionate response to the breach of House rules prompted by the emotions triggered by last week’s Covenant School shooting.

“I was pleased to see the effort to expel Representative Johnson fail. I wish cooler heads would have prevailed and prevented the disenfranchisement of the citizens of Memphis and Nashville the expulsions create, in addition to the special expense state taxpayers will now have in scheduling primary and general elections. Debate on the proper response to gun violence is an essential part of the democratic process. Today’s votes were an embarrassing stain on an important democratic institution.”

The Black Southern Women Collaborative:

“The expulsion of Black legislators is an unacceptable travesty that should not be tolerated in a democracy. Black people from Memphis and Nashville now have no representative in the House of Representatives. This comes at a time when one in five Black people in Tennessee cannot vote due to felony disenfranchisement. Most of the folks are in Memphis. Additionally, Tennessee voters are being purged from the voting rolls and most of the impacted people are in Memphis and most are Black.

“Jones and Pearson were willing to enact the will of the communities that elected them, and now they have been removed. There can be no confusion; this is not only an attack on democracy, but also an attack on Black people.

“Justin Pearson is an activist and organizer who worked to oppose an oil pipeline in his community. He is concerned not only about the environment, but gun violence; issues of concern to his constituents.

“The other irony in all of this is that three legislators protested the death of innocent babies who were killed at the mass shooting at The Covenant School in Nashville, yet only the Black legislators were removed. The racial inequity in this process is brazen.”

Amber Sherman and the Black Caucus of the Tennessee young Democrats have issued a petition to send Pearson back to the House:

“Justin J. Pearson was unjustly expelled from the TN State House on April 6th. His constituents deserve representation, send him back to the state House!”

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Memphis Rep. Justin Pearson Defends His Actions On the House Floor

Before Justin Pearson was elected to the Tennessee House, before he gained acclaim for stopping an oil pipeline project planned for his neighborhood, he was a student in Memphis schools who wanted a textbook. 

Pearson, then 15, brought the issue to the Memphis City Schools board. The next day, the books were found sitting in storage. His principal was reprimanded, and district officials demanded that school leaders across the city prove that they had handed out textbooks.

“Justin Pearson may have been without a government textbook for the first 11 weeks of school,” The Commercial Appeal wrote about the Mitchell High sophomore in 2010, “but he has learned one thing about democracies: Embarrassing elected officials in public meetings gets action.” 

Now, as Pearson channels the frustrations of a new generation of student activists, he’s elicited action from lawmakers that could cost him the elected seat he only recently won.

The House leadership on Monday began rare proceedings to expel Pearson and two other Democratic lawmakers from the House over their role in a disruption at the Capitol last week, during which they interrupted a legislative session to help amplify student protesters calling for stricter gun laws in response to the deadly March 27 school shooting in Nashville.

In expulsion resolutions introduced late Monday, the House leadership said Reps. Pearson, Justin Jones of Nashville, and Gloria Johnson of Knoxville brought “disorder and dishonor” to the chamber by speaking from the podium without being recognized and disrupting legislative business. The lawmakers, House Speaker Cameron Sexton said, distracted from the shooting victims and the protesters’ calls by calling attention to themselves.

“They had no authority to do that,” Sexton told reporters Monday.

The resolution came amid a House floor session Monday evening, following another day of student protests at the Capitol.

Pearson defended his actions on behalf of the high school and college-age students who filled the Capitol with chants of “Save our kids!” and “Not one more!” In a letter to the House, Pearson wrote it was “untenable” to hear the chants from mostly young people and “do nothing — say nothing.”

“To serve people and to represent them well is to elevate the issues when they are being ignored, and to do all that you can within your power to make sure their voices are heard,” Pearson told Chalkbeat in an interview on Tuesday. 

Pearson already had a fraught relationship with Republican leadership, who suggested the 28-year-old legislator “explore a different career opportunity” after he broke Capitol clothing norms and wore a West African dashiki to his first swearing-in.

“We aren’t being expelled because we broke House decorum rules. That’s what’s been written on paper,” Pearson told Chalkbeat. “We’re being expelled because we spoke up about the need for gun reform and legislation that actually protects kids and communities.”

The issues hit home for Pearson: His classmate Larry Thorn and his mentor Yvonne Nelson were both fatally shot in Memphis in the last year, he told lawmakers in the letter. 

GOP leaders haven’t taken up the call for stricter gun laws. The Senate Judiciary Committee on Tuesday voted to defer action on gun legislation to next year. The latest proposals from Gov. Bill Lee would invest in hiring armed guards for schools, fortifying school buildings, and providing extra mental health resources.

Pearson echoed common criticisms of those measures, saying they lead to overpoliced students and don’t address root problems. He’s talked about this with his mother, a public school teacher.

“My mom doesn’t want to become a sheriff,” Pearson said.

Final votes on the expulsions are expected Thursday. It takes a two-thirds vote of the House to expel a member. 

House lawmakers have been expelled only three times before, The Tennessean reported

One lawmaker who wasn’t expelled, Johnson noted, was former Rep. David Byrd, a Waynesboro Republican accused of sexually assaulting teenagers before he was elected to office. In that case, Sexton called for an attorney general’s opinion on the matter, calling it “complex and unprecedented.”

On Monday, Sexton did not indicate whether he would seek a similar opinion in the case of Pearson, Jones, and Johnson.

House Minority Leader Karen Camper, D-Memphis, told Chalkbeat that she wants to keep communication open among Republican leaders and House Democrats. “Temperatures flared” on the floor that day, Camper recalled, as she tried to quiet the three lawmakers and move forward. 

Camper denounced the expulsion measures and described the three lawmakers’ actions as “good trouble,” alluding to the guiding principle of the civil rights leader John Lewis, who died in 2020. As a veteran congressman, Lewis staged a sit-in on the House floor in 2016. He, too, was calling for gun control in the wake of a mass shooting, Camper pointed out.

Laura Testino covers Memphis-Shelby County Schools for Chalkbeat Tennessee. Reach Laura at LTestino@chalkbeat.org.

Chalkbeat is a nonprofit news site covering educational change in public schools.