Amid concerns expressed by opponents that the U.S. Supreme Court has prohibited the death sentence in cases involving child rape, the Tennessee Senate, which is controlled by the Republican Party, moved legislation permitting the death penalty on Tuesday.
By a vote of 24-5, Republicans passed the legislation. It still needs to pass the similarly conservative-dominated House chamber before it can be signed by Governor Bill Lee.
The Tennessee bill, if it becomes law, would allow the state to seek the death penalty in cases when an adult is found guilty of aggravated child rape. Those found guilty face the potential of life in jail without the possibility of release or death.
Governor Ron DeSantis of Florida passed a measure akin to this over a year ago. Advocates in each state contend that the objective is to persuade the U.S. Supreme Court, which is presently under conservative leadership, to reexamine a 2008 decision that declared the use of the death penalty in cases involving child sexual abuse to be unconstitutional.
During Tuesday’s discussion, Republican Sen. Ken Yager contended that his bill was constitutional since it only allowed district attorneys to seek the death penalty for individuals found guilty of child rape.
“We are protecting the children using a constitutional approach,” Yager stated. “I would not stand here and argue for this bill if I didn’t believe that with my whole heart.”
