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House fails to override Haslam's Bible bill veto

Joel Ebert
USA TODAY NETWORK - Tennessee

Tennessee will not become the first state in the nation to make the Holy Bible its official book after an effort to override Gov. Bill Haslam's veto failed to receive enough support in the House of Representatives on Wednesday.

With a 43-50 vote, the House failed to give the Senate a chance to vote to override Haslam’s veto.

The discussion on the bill was one of the longest of the session and featured four failed attempts to end debate, several references to Bible verses, one lawmaker citing slavery and another mentioning former Soviet leader Joseph Stalin.

For nearly two hours, lawmakers debated the merits of the bill, its legality and what message recognizing the Bible as the state's official book would send to Tennessee and the rest of the nation.

Although some lawmakers talked about the constitutional concerns raised by Haslam when he vetoed the legislation last week, others argued that the measure was an effort to send a signal to the rest of the country. A 2015 state attorney general opinion said making the Bible the official state book would violate the state and federal constitutions.

“What if we are the state that fans the flame and causes other states to pay attention and read our actions," said Rep. Terri Lynn Weaver, R-Lancaster. "What if Tennessee was the state that started the revival that this nation so desperately needs.”

Alluding to the threats that executives of 60 businesses made over a recently halted controversial bathroom bill, Rep. John DeBerry, D-Memphis, encouraged anyone interested in exiting the state because of lawmakers’ actions to leave.

“This bill is here because of militant movements going on around this nation," he said during a speech in which he encouraged lawmakers to stand up for what they believe.

Although there were many who praised the legislation, others questioned its need, including Rep. Johnny Shaw, D-Bolivar, who said he changed his opinion on the bill after reading a Bible passage.

“You know what this legislative body ought to be doing if we really wanted to honor the Bible? We ought to make sure everybody in the state is covered healthwise,” he said to the applause from some of his colleagues. “You’re not going to see no difference in Tennessee whether you make it the state book or not.”

Shaw was among the five Democrats and six Republicans who voted for the bill when it passed last year but did not support the override on Wednesday.

Immediately after the failed override, the measure's sponsor, Rep. Jerry Sexton, R-Bean Station, a former Baptist minister, told reporters he knew the vote was a difficult one for many of his colleagues.

“It wasn’t the vote that I wanted," Sexton said. "It had a strong uphill climb, but I believe that we came further and I believe that we made history here in Tennessee."

Sexton defended his efforts, saying the bill allowed lawmakers to have a serious discussion about religion, the Bible and overall values.

"There is so much oppression today of Christian beliefs and values it seems it is not the popular thing to do," he said. "I stand today to say that I'm a Christian and I'm proud that I am and I'm proud that I live in a country that I have the freedom to do that."

4 bills Gov. Bill Haslam has vetoed

Shortly after the House's vote, Sen. Steve Southerland, R-Morristown, who sponsored the Senate version of the bill, simply said he was disappointed in the outcome.

"But no matter what happens God's word is still there," he said.

Last year, the measure received approval in the House by a 55-38 vote — just five votes above the amount needed for passage. Earlier this month, the Senate approved the bill on a 19-8 vote — two more than the necessary threshold to pass.

Gov. Bill Haslam vetoes Bible bill

But the measure proved controversial. The Freedom from Religion Foundation and the American Civil Liberties Union of Tennessee, for instance, praised Haslam for vetoing the bill. Other groups, such as the conservative Liberty Counsel, backed making the Bible the state's official book and promised legal help if Tennessee got sued.

The Bible bill veto was just Haslam's fourth since taking office in 2011. In a letter to House Speaker Beth Harwell, R-Nashville, the Republican governor said the measure trivializes the Bible and violates the state and federal constitutions, a point made by Attorney General Herbert Slatery in a 2015 opinion.

Opponents of the Bible bill, including Haslam and Lt. Gov. Ron Ramsey, R-Blountville, had questioned whether the measure would have enough votes to override the veto.

Quiz: How well do you know your Tennessee veto history

Reach Joel Ebert at 615-772-1681 and on Twitter @joelebert29.

Tennessee veto history

A look back at the last five governors indicates lawmakers have opted to overrule the executive branch’s action 20 percent of the time a governor has vetoed a bill.

In the past 37 years, Tennessee lawmakers have successfully voted to override a combined 20 vetoes from three governors. And since 1979, there have been 99 total vetoes from the state’s governors, according to research by the legislative librarian.

Gov. Bill Haslam's four vetoes since taking office in 2011 are far outpaced by former Republican Gov. Lamar Alexander, who had 62 vetoes from 1979 to 1986 — 14 of which lawmakers opted to override. Gov. Ned McWherter, a Democrat, issued only one veto while serving as governor from 1987 to 1994.

Former GOP Gov. Don Sundquist and Alexander served with legislatures controlled by Democrats, while former Democratic Gov. Phil Bredesen had a GOP-controlled legislature at the end of his two terms in office.

Special override sessions also were regularly held when Alexander was governor, but those ended when McWherter took over. When Sundquist was governor, Democratic House Speaker Jimmy Naifeh said the period lawmakers set aside dedicated to overriding a veto was a "checks-and-balances session."

Most states require a two-thirds vote to override a gubernatorial veto.

While seven states require a three-fifths vote to override a veto, Tennessee is just one of six — Alabama, Arkansas, Indiana, Kentucky and West Virginia being the others — that require only a simple majority vote to negate the governor’s action, according to the National Conference of State Legislatures. That makes Haslam's veto power one of the weakest in the nation.

It is not usual for some lawmakers to change their votes after a governor vetoes a bill.

After Bredesen vetoed a bill from then-Sen. Diane Black and Rep. Susan Lynn, R-Mt. Juliet, that would have limited who can establish requirements for calorie counts posted on restaurant menus, several House members changed their vote. The chamber originally passed the measure with a 79-12 vote, but during the override the margin changed to 65-31.

Since 2000, all six vetoes that lawmakers decided to override saw fewer lawmakers vote in favor during the second vote than the first. In all but one override vote, there have been fewer senators supporting an override than the initial vote for the legislation.

The closest vote came in the form of a 2000 bill related to campaign finance disclosure by political parties. The House, which unanimously approved the measure, voted 56-37 to override Sundquist’s veto. The Senate approved the override with a 17-13 vote.  

Tennessee's governor has not always had the ability veto legislation. According to legislative librarian Eddie Weeks, the state's constitution of 1834 did not require the governor to sign any bills given approval by the legislature. It wasn't until the 1870 constitution that the governor had the ability to sign or veto legislation.

Past vetoes

Governor (Term)                             Vetoes*               Overrides

Bill Haslam (2011-present)              4                              0 

Phil Bredesen (2003-2010)             8                              3             

Don Sundquist (1995-2002)          24                            3

Ned McWherter (1987-1994)          1                             0

Lamar Alexander (1979-1986)      62                           14

Total                                              99                           20

*does not include line item vetoes          

Source: Tennessee Legislative Librarian