This article discusses issues found in an article published in the Tennessee Lookout. Photo is of that article. Photo in the article by Drew Angerer/Getty Images
In a move that should alarm anyone who values the rule of law, Tennessee lawmakers are advancing legislation that would criminalize local officials for voting in favor of sanctuary city policies. This bill, which makes such votes a Class E felony, is not just extreme—it is blatantly unconstitutional.
By penalizing elected officials for casting a legislative vote, Tennessee is trampling on fundamental First Amendment rights, legislative immunity, and due process protections. It’s an attempt to weaponize state power against policymakers who dare to express dissenting views.
Constitutional Violations: A Legal Time Bomb
The bill’s biggest flaw is its direct assault on legislative immunity, a well-established legal principle that shields lawmakers from prosecution for official actions. The U.S. Constitution and Tennessee law both protect elected officials from criminal consequences for how they vote. If this bill becomes law, it will face immediate and inevitable legal challenges.
Then there’s the First Amendment issue. The Supreme Court has repeatedly ruled that political speech, including legislative votes, is protected speech. Criminalizing a policy preference—especially one already prohibited under state law—turns viewpoint discrimination into felony charges.
And let’s talk about due process. Laws must be clear in their language and application. This bill fails that test. What exactly qualifies as “voting to support a sanctuary policy”? Would a symbolic resolution be a crime? What about discussing the idea in committee? The law’s vagueness alone makes it ripe for judicial invalidation.
Legal Challenges: A Lawsuit Waiting to Happen
If Tennessee moves forward with this law, it won’t stand for long. Likely legal outcomes include:
- Immediate injunctions: Courts could block enforcement before the first arrest is made.
- Federal lawsuits: Civil rights groups and local officials will challenge it under First Amendment and legislative immunity grounds.
- Supreme Court intervention: If the law survives lower court scrutiny, it could reach the highest court, where its constitutional flaws would be laid bare.
The Real Cost: Wasting Taxpayer Dollars on a Losing Battle
Tennessee already bans sanctuary cities. This bill adds nothing but legal jeopardy for elected officials and massive litigation costs for the state. Even if lawmakers win the political optics game, Tennessee taxpayers will foot the bill for years of courtroom battles.
This legislation isn’t about law and order—it’s about political retribution. If criminalizing legislative votes becomes the norm, what’s next? Will lawmakers be jailed for voting against tax cuts? For opposing an education bill?
This undoubtedly won’t survive court challenge, but will that matter in the United States under the Trump Administration?
