‘I’m tired of giving money to the ACLU’: TN Senate batting away bills expected to end in lawsuits

NASHVILLE, Tenn. (WKRN) — In the past two years, Tennessee Republicans have passed numerous bills that have led to lawsuits.

“Especially in an election year, my colleagues need what we call red meat in order to throw their constituents in terms of their voting base,” Rep. Aftyn Behn (D-Nashville) said. “But on our end, we look at, as Representative Gloria Johnson says – a colleague of mine – we pass lawsuits, not laws.”

But it seems like Senate leadership is fed up with it.

“I’m tired of giving money to the ACLU,” Lt. Gov. Randy McNally (R-Oak Ridge) said.

Read the latest from the TN State Capitol Newsroom

McNally, the Senate Speaker, was the lone ‘no’ vote, joining all Democrats, to knock down a bill banning pride flags in schools. A number of Republicans also elected not to vote, causing the bill to fail.

“I talked to the Attorney General and he said unamended, it was facially unconstitutional,” McNally said.

The state is currently engaged in several lawsuits as a result of bills Republicans pushed through last year, like a ban on children’s transgender care or outlawing certain drag shows. Democrats say they continually warn Republicans about potential suits, but they go unheard.

Though there are seemingly fewer bills that may end up in litigation, that doesn’t mean there are none. A bill to criminalize taking a minor out of state for an abortion without parent permission and one to allow the death penalty for child rapists are both sure to draw scrutiny.

⏩ Read today’s top stories on wkrn.com

“In the next few weeks, few months, we might see a lot of this legislation from this particular session meet its match when it comes to litigation,” Behn said.

But this year, the Senate has treaded far more cautiously, batting away some house bills that could draw suits, like the flag proposal.

“I think it’s best that we kind of stay away from those issues that draw the lawyers to sue the state,” McNally said.

For the latest news, weather, sports, and streaming video, head to WKRN News 2.