In a partial victory for transgender Tennesseans, a federal judge issued a preliminary injunction Wednesday on portions of the new law prohibiting trans minors from obtaining gender-affirming care, ruling the law likely violates the First and 14th Amendments of the U.S. Constitution.
Judge Eli Richardson granted the injunction to the plaintiffs — parents of two transgender youth — agreeing with arguments that Senate Bill 1 may interfere with the right of a minor’s parents to direct the medical care of their children as protected by the 14th Amendment.
But Richardson also ruled the portion of the new law banning surgical treatment stands for the time being on the grounds that neither of the minor plaintiffs argued a prohibition on surgical treatment would affect their treatment for gender dysphoria.
The new law, which is set to take effect on July 1st, prohibits any minor in Tennessee from receiving certain medical procedures if the purpose of receiving those procedures is to enable that minor to live with a gender identity that is inconsistent with that minor’s sex at birth, defining “medical procedure” as including “surgically removing, modifying, altering, or entering into tissues, cavities, or organs of a human being.”
In a memorandum, Richardson wrote that the law likely constitutes sex-based discrimination against transgender persons as it applies a standard to them not applied to others and that Tennessee lawmakers lacked real-world experience to accurately judge whether gender-affirming care is harmful: “It is feasible that one might assume that because these procedures are intended to have the treated minor’s body do something that it otherwise would not do (rather than allow the body to function in a purportedly ‘natural’ manner), the procedure must be ‘bad’ or ‘harmful’ to the minor.”
Such assumptions, Richardson added, do not provide sufficient evidence to uphold the law, although the case will proceed to a full trial for resolution.
Richardson’s ruling follows a June 20th decision in Arkansas, in which a federal judge similarly ruled that state’s law violated both the First and 14th Amendments, and one in Kentucky, also on Thursday.
Senator Jack Johnson (R-Franklin), sponsor of SB1, posted on Twitter, “I have complete faith that the legislation we passed is constitutional. I appreciate Attorney General [Jonathan] Skrmetti’s commitment to vigorously appeal this decision — all the way to the Supreme Court if necessary.”
Transgender rights advocates celebrated the ruling.
“Today’s ruling acknowledges the dangerous implications of this law and protects the freedom to access vital, life-saving healthcare for trans youth and their families while our challenge proceeds,” said Lucas Cameron-Vaughn, ACLU of Tennessee staff attorney. “This law is an intrusion upon the rights and lives of Tennessee families and threatens the futures of trans youth across the state. We are determined to continue fighting this unconstitutional law until it is struck down for good.”
“Finally, these families can regroup after a year of crisis,” said Molly Quinn, executive director of OUTMemphis, an LGBTQ advocacy organization. “The trans people I know are tired of being used to mobilize a Christian nationalist agenda, and tired of feeling forced out of Tennessee, at the cost of the basic healthcare they need to live free and happy lives. This fight isn’t over, and our message to trans Tennesseans is: Don’t give up. You have people fighting for you, and we won’t stop until Tennessee is a safe and affirming state for us all.”
Tennessee Lookout is part of States Newsroom, a network of news bureaus 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 Twitter.
Passenger-rail planning in Tennessee surfaced briefly this week in a Congressional hearing with Amtrak CEO Stephen Gardner with a bit of recent news regarding Memphis.
In a previous story, the Flyer described efforts underway by a state group to deliver a passenger-rail plan to legislators and other state officials next month. The Tennessee Advisory Commission on Intergovernmental Relations (TACIR) has been working on a rail plan since 2022, when the Tennessee General Assembly passed a bill requesting one.
While TACIR works to meet the July deadline, several Tennessee cities filed an application with the Federal Railroad Administration (FRA) for grant money to help them begin to plan for a possible rail route for passengers.
In March, Chattanooga Mayor Tim Kelly announced that his city had teamed up with Atlanta, Nashville, and Memphis in the submission that could draw $500,000 in planning funds for a route that would connect those cities.
“It’s time to bring the Choo Choo back to Chattanooga!” Kelly tweeted at the time.
That application surfaced in a hearing this week of the U.S. House Transportation and Infrastructure Committee. Rep. Steve Cohen (D-Memphis) asked Amtrak’s Gardner about passenger rail movement in the state.
“The state has submitted a corridor identification application to the [FRA] for service from Memphis east to Nashville, onto Chattanooga and to Atlanta,” Gardner said. “That’s a very interesting corridor, one that holds a lot of promise.”
Gardner said the application is a “first critical step” in the passenger-rail-planning process. If nothing else, it simply gets the state and the cities into the federal system, to stand in line and be ready for funds when they become available.
Credit: House Committee on Infrastructure and Transportation
Cohen said a rail line between Nashville and Memphis is more important now that Ford Motor Co. is building BlueOval City in Haywood County, just a few miles east of Memphis between the city and Nashville.
Also, Cohen said the “area’s not served by air transportation, commercial air.” No direct flights exist from Memphis International Airport to Nashville International Airport. Spirit Airlines will get you there with an 11-hour layover in Orlando (for $211), according to a search at Kayak. Delta Airlines will deliver Memphians to Nashville in just over three hours with a stop in Atlanta for $359, also according to Kayak.
Bus service from Memphis to Nashville has been around awhile, offered by many different companies. A one-way Greyhound ticket costs $42 (on a recent search) and takes about three hours and 45 minutes. FlixBus and Megabus run the route, too. BizBus began offering the route last month in a service that promised comfortable seating, Wi-Fi, and an onboard attendant for about $50.
“I have heard a great amount of support [for passenger rail] in Memphis and Nashville,” Cohen said during Tuesday’s hearing. “People in Memphis want to go to Nashville, the state capital, for all kinds of reasons. And people in Nashville have even more reasons to leave and come to Memphis. So, there’s this great synergy of energy there.”
One recent commenter on the Memphis subreddit spelled their desire for a Memphis-Nashville connector pretty plainly.
“As someone who recently had to drive to Nashville with a massive case of diarrhea, I would’ve LOVED a mode of travel that had its own bathroom,” u/newcv wrote in the most upvoted comment about the issue.
While state officials await TACIR’s report, they have signaled their support to the feds of passenger rail in Tennessee. Howard “Butch” Eley, commissioner of the Tennessee Department of Transportation (TDOT), has given that support in two letters to the FRA.
“Addressing growing transportation congestion in Tennessee’s major urban areas and along major commuting and commerce routes throughout our state is of paramount importance to [TDOT] as we work to meet the state’s growth, prosperity, and mobility needs,” Eley wrote to the FRA in March. “We believe Tennessee is an important state in the national discussion of long-distance passenger rail service.
“Between 2010 and 2020, Tennessee grew by nearly 600,000 people and our state continues to be a leader in job growth and economic development. Tennessee is also a major tourist destination and visitors to our state come to all parts of our state to experience our rich culture of music and entertainment as well as our natural and scenic beauty.”
Under Republican Gov. Bill Lee and supermajority GOP control, Tennessee is tied up in a wide range of legal battles, some on hot-button social questions and others that are reshaping the state’s relationship with local governments, mainly Metro Nashville.
In his fifth year as governor, Lee is no stranger to lawsuits and considers the sprawling list of cases the cost of doing business.
“It’s what happens in government,” Lee says. “You pass laws, sometimes they’re challenged, sometimes they’re upheld. It’s kind of par for the course for what happens in government. That’s what happens in Tennessee as well.”
The Legislature’s critics, mainly Democrats, point out, though, the governor and the Legislature have a tendency to “pass lawsuits” instead of bills.
It’s what happens in government. You pass laws, sometimes they’re challenged, sometimes they’re upheld. It’s kind of par for the course for what happens in government. That’s what happens in Tennessee as well.
– Gov. Bill Lee
State Sen. London Lamar, chair of the Senate Democratic Caucus, sees a trend with the governor and Legislature and notes even when supermajority Republicans are aware of constitutional questions surrounding a bill, they push the measure knowing it is likely to fail in court.
“This is a waste of taxpayer money in efforts to score political points,” the Memphis Democrat says.
The Legislature is accustomed to paying the cost of legal battles, even though it rarely, if ever, debates the matter on the House or Senate floor. The General Assembly put $7 million in the Attorney General’s Office budget two years ago for special litigation and continues to circle the wagons each year, injecting $4.3 million for special litigation into the fiscal 2024 budget, up from $290,000 just a few years ago.
In the most recent ruling to go awry for the state, U.S. District Court Judge Thomas Parker overturned a ban on drag shows held on public property and in front of minors, finding the law to be overly broad and unconstitutional. Lee distanced himself from the matter this week, saying he doesn’t plan to discuss the outcome with Attorney General Jonathan Skrmetti, while also saying he would have to consult with the state’s top attorney on how district attorneys general statewide might enforce the law.
State government vs. local government
That court decision came on the heels of a ruling by a three-judge panel that temporarily blocked a law cutting the Metro Council to 20 from 40 members. The Legislature set up the judicial panels in the previous session to handle constitutional challenges and redistricting questions, mainly in an effort to remove legal matters from Davidson County judges considered too liberal for a conservative-minded General Assembly. Judges from all three grand divisions of the state are appointed to hear those cases.
A decision also is pending in two lawsuits filed against the state over a law reducing the number of votes needed by the Metro Council to make changes to the Metro Fairgrounds. Lawmakers passed the measure leading up to a vote by Metro on plans by Bristol Motor Speedway to build a 30,000-seat NASCAR track. Metro Council members Colby Sledge, Bob Mendes and Sandra Sepulveda filed their lawsuit after the Metro Legal Department staked its own claim, seeking to enjoin the law based on a violation of the state’s Home Rule provision, which is supposed to stop lawmakers from targeting single cities.
The Metro Legal Department also is considering filing suit against the state over two other laws directly affecting the way Metro works. Both give the state appointments to Metro airport and sports authorities.
The laws aimed at Metro Nashville are believed to stem from the council’s refusal to sign a contract to lure the Republican National Convention to Nashville in 2024.
Trial also is pending in a legal challenge of the Legislature’s 2022 redistricting maps, going after both the Senate and House designs. Plaintiffs argue the Senate maps violate the state Constitution because the Davidson County districts aren’t numbered consecutively. The state contends the litigant, Francie Hunt, doesn’t have the legal standing to file suit because she can’t prove “actual injury.”
The lawsuit attacks the House plan by claiming controlling Republicans should have drawn maps that split less than 30 counties, the upper end allowed by federal law.
Families of transgender kids take on the state
In yet another culture war, the families of transgender children and the federal government sued the state, challenging a new law banning gender-affirming care for transgender youth. The measure was the first bill filed for this year’s session after video surfaced of a Nashville doctor saying those procedures are “huge money makers.” Lawmakers hammered Vanderbilt University Medical Center last year for its transgender care.
The new law prohibits physicians from prescribing puberty blockers or hormones and performing other gender-affirming procedures for minors. Previously, state law blocked gender-affirming treatment for prepubescent children.
The state, however, has a weak record on transgender-related bills. In 2022, a federal judge overturned a state law requiring businesses to post a government-prescribed sign if they allow transgender people to use their restrooms.
Courts also rejected a voter registration law in 2020 designed to stop groups from turning in large numbers of applications that weren’t filled out properly.
And in a strange twist, Attorney General Jonathan Skrmetti reached an agreement with a California group that sued the state over its permit-less carry law, allowing the measure to apply to 18- to 20-year-olds, not just those 21 and up. Gov. Lee and several key lawmakers support keeping the age limit at 21.
One of the few legal victories for the state came when the Tennessee Supreme Court found Gov. Lee’s education savings account program to be constitutional in 2022 after a three-year fight, overruling two lower courts.
The state’s highest court didn’t rule on whether the provision, which affected only Davidson and Shelby county school districts at the time, violated the Home Rule provision, which requires a referendum or vote by a local governing body to approve a state law.
Instead, a majority of the five-member court agreed with the state’s argument that the act didn’t apply to the plaintiffs, Davidson and Shelby, because it governed only the local school districts.
In fact, the state is making a practice of claiming plaintiffs in lawsuits against Tennessee don’t have standing to sue.
Besides taking that stance in the voucher and redistricting cases, state attorneys argued the Memphis group, Friends of George’s, didn’t have standing to challenge the state’s drag show law because its shows weren’t risque enough to violate the state’s standards for minors, according to the Tennessee Journal.
(Republicans’) motto is to legislate through lawsuits. And it shows that they’re out of touch with the people and reality because the supermajority allows them to make laws regardless of any conversation or compromise. They just do it because they can.
– Rep. Vincent Dixie, D-Nashville
State Rep. Vincent Dixie contends the Legislature puts the Attorney General’s Office in difficult situations.
“Their motto is to legislate through lawsuits. And it shows that they’re out of touch with the people and reality because the supermajority allows them to make laws regardless of any conversation or compromise. They just do it because they can,” says Dixie, a Nashville Democrat.
The court system offers the only “checks and balances,” Dixie says.
Meanwhile, the Tennessee Justice Center is pursuing a legal challenge of the state’s TennCare waiver, a “modified block grant” using shared savings with the federal government to fund the state’s Medicaid program for the poor and elderly. The case is on hold as the federal Centers for Medicare and Medicaid Services, which is the defendant in the case, reviews revisions the state submitted last August and will decide whether to reaffirm approval or disallow parts of the program.
Former President Donald Trump’s administration approved the waiver just days before he left office in 2021.
Tennessee Lookout is part of States Newsroom, a network of news bureaus 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 Twitter.
Gov. Bill Lee, surrounded by Republican lawmakers during an April 3rd press conference at which Lee announced he would direct funding towards school safety measures. (Photo:John Partipilo)
The governor’s proposal enabling law enforcement to confiscate weapons from unstable people is likely to go down in flames during a special session.
Tennessee’s House and Senate speakers forecast a harsh reception for Gov. Bill Lee’s plan Wednesday in an interview with reporters.
House Speaker Cameron Sexton termed the governor’s idea floated at the end of the regular session a “red flag” law and said “it won’t pass the House.” The governor has avoided the term “red flag.”
Even though the governor’s plan would require a due process hearing before a judge to determine whether someone is a danger to themselves or others, Sexton said, “You get to a point where it looks like one whether or not it is. … Most red flag laws [are] an order of protection that doesn’t provide mental health services for people on the backside. We’re not gonna pass a red flag law.”
Lt. Gov. Randy McNally, who serves as Senate speaker, would not say the governor’s plan is dead in the Senate but noted it will be difficult to pass.
The governor is set to call a special session for Aug. 21 for the Legislature to consider measures to stop mass shootings in the wake of The Covenant School incident in which six people, including three 9-year-old students, were killed at the Green Hills private Christian school.
Most red flag laws is an order of protection that doesn’t provide mental health services for people on the backside. We’re not gonna pass a red flag law.
– House Speaker Cameron Sexton
McNally said Wednesday he likes the governor’s initial proposal and believes methods to quell mass shootings need to be addressed. But he couldn’t say whether it would be more difficult to pass such a measure in the Senate or House.
“I think it’s gonna be an uphill battle both ways. I don’t think it’s an impossible hill to climb,” McNally said.
The lieutenant governor noted he “hopes” the Legislature doesn’t wind up “not doing anything.”
A spokeswoman for Gov. Lee didn’t address the Legislature’s opposition Wednesday, instead saying he supports “practical, thoughtful solutions to keep communities safe and protect constitutional rights.”
She added his office worked with lawmakers in advance of a special session to discuss “meaningful proposals” that would do both.
The proclamation calling the special session is expected to be made toward the targeted August date.
Republicans haven’t proposed other solutions while Democrats, such as Sen. Heidi Campbell of Nashville, are pushing a list of restrictions ranging from orders of protection to tighter background checks, an end to loopholes for gun show sales and bans on bump stocks and AR-15s.
House Democratic Caucus Chair John Ray Clemmons of Nashville: The GOP supermajority is “kowtowing to extremists and ignoring the pleas of Tennessee families by proposing toothless and redundant laws.” (Photo: John Partipilo)
Sexton, in contrast, said he is working on legislation that could enable police to investigate “general threats,” in addition to “specific threats,” to determine whether a person poses a public danger. In those cases, an arrest and conviction could lead to prohibitions on buying or possessing guns, depending on the severity of the sentence.
The state already has laws dealing with emergency and voluntary commitment, and his office is talking to law enforcement officials to find out why those aren’t used more effectively, he said.
In addition, Sexton said a special session is needed to help the TBI develop a uniform court system for criminal records rather than have 230,000 records missing from the database.
“Twelve years of data of someone who may not be able to purchase a gun based on those criminal records,” Sexton said.
House Democratic Caucus Chairman John Ray Clemmons said in response Wednesday, “It sounds like the GOP supermajority holding our state government hostage is yet again kowtowing to extremists and ignoring the pleas of Tennessee families by proposing toothless and redundant laws.”
Gun-rights groups have been pounding lawmakers for weeks with messages opposing any type of restrictions on gun ownership, including extreme risk protection orders.
Democrats are prepared to work with Republicans to pass “meaningful gun safety” bills, which the majority of Tennesseans support, Clemmons said.
Tennessee Lookout is part of States Newsroom, a network of news bureaus 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 Twitter.
Court arguments are set to begin in Memphis on Friday in a case that will test a new state law that stripped local control of post-conviction proceedings in capital cases and granted it to the Tennessee Attorney General.
In capital cases, individuals often seek a review of their convictions, requesting a different judge to assess evidence, determine intellectual disability, competency for execution, and other factors in the hopes of obtaining a reduced sentence. This process is known as collateral review.
Previously, local district attorneys represented the state in these cases. However, a bill passed by the Republican-dominated Tennessee General Assembly and signed by Republican Governor Bill Lee granted this authority to Republican Tennessee Attorney General and Reporter Jonathan Skrmetti.
“The attorney general and reporter will have exclusive control over the state’s defense of the request for collateral review,” stated the bill. “The attorney general and reporter will not be bound by any stipulations, concessions, or agreements made by a district attorney general regarding a request for collateral review. This amendment prohibits a trial court from issuing a final order granting relief in a request for collateral review until the attorney general and reporter files a response to the request.”
The House bill was filed in January, but it felt largely under the radar, primarily focusing on the requirement for law enforcement agencies to inventory sexual assault kits.
However, an amendment removed all of that language and completely re-wrote the bill to give the state AG control in these post-conviction cases. The legislature passed the bill in mid-April, and the governor signed it into law later that month.
“This sudden move appears to be a response to the choices of voters in both Davidson County and Shelby County, who elected prosecutors to support more restorative and less punitive policies,” read a statement at the time from Tennesseeans for Alternatives to the Death Penalty.
Larry McKay, who received two death sentences for the murders of two store clerks in Shelby County in 1981, has now requested a court review of previously unexamined evidence in his case. Despite the new law, his attorney seeks disqualification of the “unelected” Tennessee Attorney General from the review.
McKay argues that the new law infringes on the responsibilities of local district attorneys, thereby violating the Tennessee Constitution. Additionally, he contends that the drastic alteration of the legislation violates the state constitution.
In support of McKay’s request, Shelby County District Attorney Steve Mulroy wants to review the new evidence. In a letter this month, Mulroy said, “The newly enacted statute is an unconstitutional effort to divest and diminish the authority granted to Tennessee’s District Attorneys General by the Tennessee Constitution. The new statute violates the voting rights of such voters because it strips material discretion from District Attorneys, who are elected by the qualified voters of the judicial district.”
State attorneys argue that McKay has sought review of his case multiple times in various courts. They challenge the arguments put forth by his attorney, asserting that the new statute does not violate the state constitution. They further note that McKay may not even get the desired outcome if the new evidence is reviewed.
“The General Assembly was entitled to take that statuary power away from the district attorneys and give it to the Attorney General in capital cases,” reads the court document. “They have done just that and their mandate must be followed.”
Memphis Criminal Court Judge Paula Skahan is scheduled to preside over the case and hear arguments on Friday at 10 a.m.
From left: Butler, Richey, and Warner I State of Tennessee
Three Tennessee Republican lawmakers want Governor Bill Lee to “abandon” a special session of the Tennessee General Assembly, scheduled for later this year to focus on gun safety, calling it a “publicity stunt” that will incite the “national woke mob.”
Rep. Bryan Richey (R-Maryville), Rep. Ed Butler (R-Rickman), and Rep. Todd Warner (R-Chapel Hill) signed an open letter to Lee Wednesday saying any gun measures can be addressed during the regular session in January.
“Summoning legislators to Nashville to enact an unconstitutional ‘red flag’ law will not, as you suggest ‘strengthen public safety and preserve constitutional rights,” reads the letter posted to Twitter by Richey. “To the contrary, the General Assembly adamantly opposes — and refused to enact — measures that violate Tennesseans’ Second Amendment rights, whether styled ‘order of protection’ legislation or any other euphemism.”
The letter reminded Lee that the legislature did not consider his gun safety legislation at the end of the last session. It said Senate Majority Leader Jack Johnson has said the legislature will “not pass any red flag law, period.” The lawmakers said they would not “violate” their oaths to the Constitution “for political expediency or to curry favor with special interests.”
“Your proposed special session, apparently calculated to pressure legislators to pass such a law, strikes us as an expensive, disruptive, futile, and counter-productive publicity stunt,” reads the letter. “The [Covenant School] tragedy would not have been averted by a ‘red flag’ law in any event. Your proposed special session is a solution in search of a problem.”
However, Democrats are “ready to get to work,” said Tennessee House Democratic Caucus Chair John Ray Clemmons in a statement.
“Tennesseans overwhelmingly support gun safety laws to better protect our children and communities and want legislative action,” Clemmons said. “Democrats agree and stand ready to get to work. As usual, the only thing standing in the way to public safety is the Republican supermajority.”
The GOP letter warns that a special session of left-wing activists will protest in Nashville and is in “service to the national woke mob that will descend on the Capitol.” All of it will “make the ‘Tennessee Three’ circus look like a dress rehearsal.” They claim “heavy security” will be needed to protect lawmakers from “unruly agitators.”
“There is no emergency, declared or otherwise, that justifies calling us back to work in August,” reads the letter. “The reason is a series of policy proposals that we, as a legislative body, deliberately — and prudently — chose to reject this session.”
Lawmakers reacted to Tennessee Governor Bill Lee’s call on Monday for a special session that is aimed to focus on reining in gun violence in the state.
The GOP supermajority in the Tennessee General Assembly did not allow a review or a vote on Lee’s gun control proposal that came toward the end of the legislature’s 2023 regular session. Before they quit Nashville, though, Lee promised to bring them back to review the issue.
All of it came after the April shooting at a Nashville school that left three teachers and three students dead. Lee’s wife, Maria, previously taught with Cindy Peak and Katherine Koonce, two teachers killed at the school.
The gun-violence issue dominated the final weeks of the 2023 session. The turbulent days brought massive protests at the capitol, GOP efforts to remove three Tennessee House members, the expulsion of two of them, and the reinstatement of them both.
GOP members wanted to see the Covenant shooter’s so-called “manifesto” before plunging into any kind of discussion on gun control. They also chided Democratic members for bringing gun control measures to the body after the shooting.
The GOP was largely silent on the issue directly following the announcement. No official statements from their press offices and no Twitter mentions of the session came immediately from House Speaker Cameron Sexton (R-Crossville) nor Senate Speaker Randy McNally.
Our caucus remains focused on finding solutions that prevent dangerous individuals from harming the public. We are working on impactful legislation that protects Tennesseans & preserves the constitutional rights of law-abiding citizens. Special session begins Monday, August 21. https://t.co/GHNQszPbrT
.@GovBillLee has called a Special Session for the week of August 21st. More to come regarding the specifics of the call once we have the language. pic.twitter.com/XovJP7r9Dj
— Rep. Jason Zachary (@JasonZacharyTN) May 8, 2023
However, Rep. John Gillespie (R-Memphis) had plenty to say on the topic before Lee’s announcement. In a series of tweets last week, the lawmaker said he was ready to get to to work on the issue and admitted “guns may be part of the problem.”
The Beale Street wine races that ended in terror but luckily not lived lost in broad day light Sunday, a few hours later an off duty officer exchanging fire with someone breaking into a car at Huey’s on Poplar. Now, hard working journalists trying to do their jobs on (1/3)
— Representative John Gillespie (@GillespieVote) May 2, 2023
lockdown after a man with an AR15 shoots at their lobby-thankfully no injuries but what would have happened had he gotten into Fox 13? I’ve been inside the station and it’s not a large building so story could have been a tragic one. I am tired of it, Period. I am tired of (2/3)
— Representative John Gillespie (@GillespieVote) May 2, 2023
innocent kids and adults going to school and never making it home like they did on March 27th at Convenant school in Nashville. It has to stop.
I want to look into every possible avenue to help. Mental Health is a huge the problem here. Guns may also be part of the problem(3/3)
— Representative John Gillespie (@GillespieVote) May 2, 2023
The solution as we know is going to be a complicated one but I am willing to roll up my sleeves, work with my colleagues in Nashville and figure it out.
I am here to protect my constituents and speak on behalf of all of those scared for their own safety and the safety of (1/2)
— Representative John Gillespie (@GillespieVote) May 2, 2023
their families and friends.
WE MUST DO BETTER AND WE MUST DO IT NOW. (2/2)
— Representative John Gillespie (@GillespieVote) May 2, 2023
Democratic lawmakers from both state houses issued statements from their respective press offices after Lee’s announcement.
Sen. Raumesh Akbari (D-Memphis):
Akbari I State of Tennessee
“The General Assembly should embrace this opportunity to pass sensible gun laws that stop future gun violence. The people demanding action have brought us to this moment and now we need every Tennessean who cares about this issue to tell their elected leaders to show up in August and support legislation that truly addresses gun violence.
“Once we see the official call for the special session, we’ll know exactly what kind of legislation can be introduced. But we already know that broad majorities of voters, from all parts of the state and all political backgrounds, support common sense gun reforms, like extreme risk protection orders, waiting periods, and universal background checks.
“House and Senate Democrats will have a comprehensive package of gun safety bills and we’re ready to get something done.”
Sen. Sara Kyle (D-Memphis):
Kyle I State of Tennessee
“In Memphis, we know all too well the deadly consequences of firearms falling into the hands of people who would do us harm. Gun violence has buried too many of our citizens and ripped apart too many families.
“I appreciate the governor’s commitment to a special session. Now it’s time for this legislature to do its job and address the epidemic of gun violence.”
House Minority Leader Rep. Karen Camper (D-Memphis):
Camper I State of Tennessee
“The House Democratic Caucus is looking forward to working with Governor Lee and our Republican colleagues to enact meaningful legislation regarding sensible, bipartisan gun reform and public safety. We know that Tennesseans across the state in both urban and rural communities are watching closely to ensure that we address the issues of unlicensed gun sales, extreme risk and protection orders and access to assault weapons and high capacity magazines.
Our caucus was prepared to meet this challenge during the regular session to keep Tennesseans safe. It is unfortunate that our Republican colleagues decided to ignore our calls for action. As we wait for the August special session we will continue to work towards our goal to create a Tennessee where public safety is a priority.”
Clemmons I State of Tennessee
House Democratic Caucus Chair Rep. John Ray Clemmons (D-Nashville):
“While I am glad to see Gov. Lee finally responding to the ongoing pleas of an overwhelming majority of Tennesseans begging us to take immediate, necessary action, I remain seriously concerned about the inexcusable delay and his willingness to legislatively address the real problem that is causing these continued threats of harm to our children and communities.”
On Monday, Tennessee Governor Bill Lee called for a special session of the Tennessee General Assembly “to strengthen public safety and preserve constitutional rights.” Lee’s proposed session would convene on August 21st.
Lee had promised a special session after the legislature closed its 2023 session without taking up his proposal to pass legislation to curb gun violence in the state. The final weeks of the session were dominated by talks of gun violence after a shooter killed three students and three teachers at a Nashville’s Covenant School, but no gun-reform measures were enacted.
“After speaking with members of the General Assembly, I am calling for a special session on August 21st to continue our important discussion about solutions to keep Tennessee communities safe and preserve the constitutional rights of law-abiding citizens,” said Lee. “There is broad agreement that action is needed, and in the weeks ahead, we’ll continue to listen to Tennesseans and pursue thoughtful, practical measures that strengthen the safety of Tennesseans, preserve Second Amendment rights, prioritize due process protections, support law enforcement and address mental health.”
Many state GOP members weren’t convinced a session was needed. Some, like House Republican Caucus Chairman Rep. Jeremy Faison (R-Cosby), said they wanted to understand the Covenant School shooter’s motive before moving on gun control.
Faison I State of Tennessee
”Audrey Hale murdered 6 Christians, and many Tennesseans are demanding that their state legislature ’do something.,’” Faison tweeted in late April. “We cannot possibly address this horrific situation until we know what was in her manifesto. I am calling on the Metropolitan Nashville Police Deparment [sic] & the FBI to immediately release this document so we can examine it, then take the appropriate steps.”
Audrey Hale murdered 6 Christians, and many Tennesseans are demanding that their state legislature “do something."
We cannot possibly address this horrific situation until we know what was in her manifesto.
I am calling on the Metropolitan Nashville Police Deparment & the FBI…
”There were 6 innocent lives taken & we are told that the killer left a manifesto,” tweeted state Rep. Andrew Farmer (R-Sevierville). ”I urge @MNPDNashville and @TBInvestigation to release the document in order to look at effective policy that addresses the root of the issue.”
There were 6 innocent lives taken & we are told that the killer left a manifesto. I urge @MNPDNashville and @TBInvestigation to release the document in order to look at effective policy that addresses the root of the issue. pic.twitter.com/Fl1wxzYnSj
Governor Lee urged Tennesseans to ”engage in the conversation” by sharing comments on a designated state website here.
“Gov. Lee will meet with legislators, stakeholders, and Tennesseans throughout the summer to discuss practical solutions ahead of the special session,” reads a statement for his office. ”The governor’s office will issue a formal call ahead of the special session.”
For years, Republican state Sen. Frank Niceley of Strawberry Plains has been a walking Tennessee gaffe machine, a man who provides fodder for the Capitol Hill Press Corps legislative session after legislative session.
We’ve been able to count on Niceley to advocate for cockfighting, a bloody sport in which two roosters — armed with metal spurs — fight to the death, or near death. Niceley defended the sport by calling it a “cultural tradition” and claiming, erroneously, that President Abraham Lincoln partook of the sport.
In 2015, he said, to the consternation of animal rights advocates, “It’s been going on for centuries. I don’t know what the big deal is.”
It was Niceley who, during the 2022 legislative session, held up Adolf Hitler as a good example for homeless people. The worst dictator of all time, said Niceley, was able to practice his oratory on the streets of Vienna and connect with the masses.
(Credit: John Cole, Tennessee Lookout)
“So it’s not a dead end to productive life, or in Hitler’s case, an unproductive life,” Niceley said.
Extending his analogies with World War II dictators, he said of Gov. Bill Lee’s 2023 transportation plan, which included toll roads, “Mussolini liked those public-private partnerships. They called it fascism back then.”
While Niceley didn’t dominate a 2023 session characterized by feet in mouth, we honor his legacy by giving you the inaugural end-of-legislative session “Niceley Awards,” for the lawmakers who distinguished themselves through their missteps, faux pas, and foolishness, and managed to make Tennessee a regular topic on Saturday Night Live.
The Winner: Speaker of the House Cameron Sexton
House Speaker Cameron Sexton claims the prize as the first winner of the Niceley Award. He scored the win for a pattern of overplaying his hand in a fashion we’ve come to expect from Republican House speakers. (Maybe we should christen this category the “Casada Cup” for Rep. Glen Casada, whose scandals prompted a resignation in 2019 after only seven months in the role.)
All seemed to be going well for Sexton in the early months of the session as he presided over a spate of bills to criminalize some drag performers and performances, ban care for transgender youth, and wreak havoc on the City of Nashville’s Metro Council.
Then came the March 27 shooting at Nashville’s Covenant School, a private Christian elementary school in which six people were killed.
Days after the shooting, more than a thousand protesters packed the Capitol to urge lawmakers to take up gun-reform laws, with three Democrats taking to the House floor to join the protests. In short order, Sexton went on right-wing radio to compare the teen-led event to the Jan. 6, 2021 U.S. Capitol insurrection, presided over the ultimately unsuccessful expulsion hearings of three Democrats, and drew an investigation into his personal affairs. Independent journalist Judd Legum established Sexton owns a $600,000 house in Nashville and downsized his home in Crossville, the district in which he was elected, to a small condo in a retirement community.
(Credit: John Cole, Tennessee Lookout)
Meanwhile, the “Tennessee Three” have become the darlings of national media, raised hundreds of thousands of dollars each, and enjoyed a trip to meet President Joe Biden in the White House, while a member of Sexton’s caucus was forced to resign after being found guilty of sexually harassing an intern. Now, a progressive nonprofit watchdog group is asking for a full investigation of Sexton.
Among insiders, it’s no secret Sexton has his sights on the 2026 governor’s race and has been working to shore up his credentials on the right. He may survive as House Speaker, but his handling of the expulsion issue will no doubt be used against him by opponents in 2026.
Runner-up: Rep. Paul Sherrell
Rep. Paul Sherrell (R-Sparta) held a strong lead for the Niceley Award until late March, when Sexton edged him out of contention. Sherrell rarely makes news, save for an occasional campaign finance ethics issue, plodding about his business on the House floor with little of note emerging.
That changed when he filed a bill to rename Rep. John Lewis Way, which runs past the Cordell Hull State Office Building, to President Donald Trump Boulevard. Lewis, unlike Trump, attended college and began his career in Nashville, so the naming of the street in Lewis’ honor by Nashville’s Metro Council in 2020 made sense.
But members of the Republican supermajority chafed at receiving their mail at an address named for the late congressman and civil rights leader, and Sherrell’s bill may have gained traction were it not for his next move.
During a February House Criminal Justice Subcommittee in which members discussed offering death row inmates a choice of ways to die — What’ll you have, sir? Electrocution in Old Sparky or firing squad? We’re fresh out of those lethal injection drugs today — Sherrell piped up: “I was just wondering if I could put an amendment on that that would include hanging by a tree also?”
(Credit: John Cole, Tennessee Lookout0
The statement conjured up images of lynchings, and the House Black Caucus pushed for punishment of Sherrell, who issued a statement of apology and then saw his renaming bill stall out. John Cole’s Tennessee: Hoisted by his own petard.
Dishonorable mentions
Lt. Gov. Randy McNally
McNally was elected to the House in 1978, moving to the Senate in 1986. During his 45 years in office, he’s been known for brokering middle-of-the-road solutions and made his bones when helping the FBI bust Democratic lawmakers in “Operation Rocky Top,” an expose of corruption.
Tennesseans got a fresh view of McNally this year, when the Tennessee Holler reported McNally had been using his verified Instagram account to comment with hearts and fire emojis on the account of a 20-year-old gay man. “You can turn a rainy day into rainbows and sunshine,” McNally posted on one picture of the nearly nude young man.
(Credit: John Cole, Tennessee Lookout)
McNally’s fondness for thirst traps likely wouldn’t have caught fire were it not for the legislature’s propensity to target members of the LGBTQ community annually, which he’s largely supported. Now, McNally’s legacy will be marked by an asterisk for hypocrisy.
Gov. Bill Lee
When the legislature passed a measure to criminalize “adult cabaret” performers — that’s legalese for drag performers — Lee signed it into law within hours, giving Tennessee the dubious distinction of becoming the first state in the nation to pass such a law.
Imagine the schadenfreude felt by the left when photos surfaced of an 18-year-old Lee, dressed in a cheerleader outfit — complete with wig and pearls — for a Franklin High School homecoming event.
Gov. Bill Lee, middle, dressed as a cheerleader for the 1976 Franklin High School powderpuff football game. (Credit: 1977 Franklin Rebel yearbook)
Lee didn’t see a conflict with his effort to ban drag: He lost his cool when questioned about it at a press conference, calling the comparison “ridiculous,” although it earned him a mention on Saturday Night Live.
Rep. Jeremy Faison
Had the Niceleys launched in 2022, Faison would have been a strong contender to win after he tried to pull the pants off a high school basketball referee with whom he disagreed. This year, however, the House Republican Caucus chair fell to the bottom of the list, only earning an honorable mention for walking out of a CNN interview in the aftermath of the House expulsion hearings, leaving the anchor mid-question.
All this would be funny were it not for the fact that the men involved are in charge of steering our state’s policies. Few would care about politicians busted for wearing skirts and flirtatiously engaging with members of the same sex on social media were they not the same ones piously legislating morality. It is frankly appalling in 2023 — or any time — that state leaders think joking about lynching is amusing or that they wouldn’t anticipate a national uproar over the expulsion of two young, Black lawmakers.
It is cowardly to dismiss teens and their mothers advocating for sensible gun laws as insurrectionists.
But this is the situation in Tennessee, and as the old saying goes, sometimes you have to laugh to keep from crying.
Tennessee Lookout is part of States Newsroom, a network of news bureaus 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 Twitter.
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.”
