Politics drive debate over special 'bathroom' session
With as many as 57 Republican lawmakers in Tennessee signing onto an effort to call a special legislative session over the Obama administration's transgender bathroom directive, politics are playing a factor in their decision.
That became clear when House Republicans shared their thoughts about the potential special session last week, according to an email chain obtained by The Tennessean.
House Republican Caucus Chairman Glen Casada began the conversation on May 17 when he sent an email to his colleagues, which included every single Republican in the chamber in addition to Rep. Jeremy Durham, R-Franklin, who left the caucus in January.
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In his original email, Casada, R-Franklin, said President Barack Obama did not have the ability to make new laws and the administration's decision directing public schools nationwide to allow transgender students to use the bathrooms and locker rooms that match their gender identity did not have the weight of law.
“As such, I do not believe our schools should comply with his directive,” Casada wrote. “As we continue to work through this issue, I wanted to throw out the question of calling for a Special Session for the purpose of passing a resolution directing the Attorney General to take the federal government to court over this issue.”
Rep. Susan Lynn, R-Mt. Juliet, responded that the federal directive was nothing more than “bait” and an attempt to “jerk us around.” Lynn sponsored — and later withdrew — legislation this year requiring students to use the restroom corresponding to the gender on their birth certificate.
“They want us to be drawn in,” she wrote to her colleagues. “All we have to do is ride out the clock. Next year we will have President Trump and he will not pursue us over this nor will his DOE (Department of Education) nor justice department make the same assessment.”
In the event that Democratic presidential front-runner Hillary Clinton wins in November, Lynn said “we should be all up in it all the time — we can be her worst nightmare but right now we have one chance left — let's elect our candidate.”
PODCAST: Will lawmakers call a special session?
In another email, Lynn questioned the timing of the administration's announcement.
“School ends this week so there was no purpose for the announcement and release of this guidance document other than to draw conservatives into a fight to affect the national election," Lynn wrote. "Remember, nationally, Republicans win on economic issues and lose on social issues.”
Rep. John Ragan, R-Oak Ridge, who said his email has been “lighting up” with concerned constituents — all of whom opposed the federal directive — warned that while it may be true that the issue is intended to be an “election-year ‘distraction’ by the Obama administration” there has been little indication that Gov. Bill Haslam will take a stronger stand and issue an executive order opposing the directive.
“The impact on Tennessee elections will be mostly in the primaries, as the Democrats will stay as far from this as they can,” Ragan added.
Ragan expressed skepticism that the attorney general would take “independent action” on the matter.
“Our actions in this situation must have a 'strategic' view as well as a 'tactical' one,” Ragan wrote.
Rep. Courtney Rogers, R-Goodlettsville, suggested a different approach.
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“It is my belief (I have not verified) that the Title IX money we receive is approximately 10 million dollars. If that is true, then we have a wide open door of opportunity here. Perhaps we should weigh the cost of COMPLIANCE with Federal directives that come with Title 9 money versus savings and independence. Compliance may account for a significant percentage of those funds — thus free us from the responsibility of replacing them,” she wrote.
Rep. Tilman Goins, R-Morristown, said the “other side” has taken a measured approach and pushes their position as far as possible.
“They win because they expect us to not act for fear of lawsuit (or ridicule). The other side isn’t afraid to lose, because they always regroup and find another way to fight," Goins said. "I am highly disappointed that this legislative body didn’t have an opportunity to protect our school districts last session, and I support a special session for a resolution or a law. We must be as relentless as the other side, or we will continue to lose."
The emailed conversations came two days before the American Civil Liberties Union of Tennessee filed a complaint with the U.S. Department of Education against Sumner County Schools over a transgender student's access to restrooms.
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The complaint came on the heels of 13 Senate and 20 House Republicans signing onto a letter that was sent to Slatery asking him to "challenge the legal authority" of the federal government to enforce its directive.
Slatery's office expressed concern about the guidance.
"To the extent that our Office can assist and advance the best interests of our State, we will do so," Slatery said in a statement.
Lawmakers considering special session over federal bathroom directive
In a statement Monday, Casada said House Republicans appreciate Slatery's commitment to defend Sumner County.
"As I continue to hear from members of our Caucus, the majority hope General Slatery will also commit to defending any other counties where similar lawsuits may arise," Casada said.
As of Monday afternoon, 57 House Republicans have agreed with the call for a special session, nine have said no and six are undecided, according to Cade Cothren, a caucus spokesman. In the House, Republicans will likely need Democratic support to call the special session.
The Tennessee Constitution stipulates that it takes two-thirds of both chambers — 66 signatures in the House and 22 in the Senate — for lawmakers to call themselves back for a special session.
Despite the push from Republicans, Haslam, House Speaker Beth Harwell, R-Nashville, and Lt. Gov. Ron Ramsey, R-Blountville, have questioned the need for a special session. Although the Senate has not formally started a similar signature gathering effort, they are expected to do so in the event that the House reaches the required number.
Reach Joel Ebert at 615-772-1681 and on Twitter @joelebert29.