Lone Republican calls for Mcnally’s resignation
As Lt. Gov. Randy Mcnally presided over the Tennessee Senate Thursday morning, a lawmaker across the hall released a lengthy statement calling for the longtime politician’s resignation over his recent social media controversy.
Rep. Todd Warner, R-chapel Hill, was the lone signature on the statement that referred to Mcnally as a “predator” and called for the Tennessee Bureau of Investigation to investigate his social media activity.
Mcnally publicly apologized and has at least temporarily shut down his Instagram account over his interactions with a young man’s risqué Instagram photos and other LGBTQ content.
The man, 20-year-old Franklin Mcclure, confirmed to the Tennessean Mcnally first befriended him on Facebook when he was 17 but said his online content was, at the time, much more “conservative” compared to recent posts that feature the aspiring entertainer nude or nearly nude.
Mcnally had not, in Mcclure’s opinion, insinuated anything inappropriate in his private messages, which the Tennessean has not reviewed. Mcclure did call Mcnally’s support “hypocritical” while the politician backed a number of ANTI-LGBTQ bills.
“These are the actions of a man using his authority to manipulate others for sexual gratification,” Warner said in his statement. “These are the actions of a hypocritical man caught red-handed in a scheme to take advantage of at least one underage young man.”
Staff and security hustled Mcnally into a waiting elevator following the Senate floor session on Thursday. Senate leadership have shied away from commenting on the issue, despite calls from some corners of the conservative media for Mcnally to step aside.
Mcnally issued a statement through a spokesperson that he serves as Senate leader “at the pleasure of the members of the Senate and my caucus.”
“As long as I have their confidence, I am committed to the important work of this state,” Mcnally said. “We have several pieces of crucial legislation, as well as a budget, to pass. I remain committed to that critical work.”
When asked about Warner’s statement, House Speaker Cameron Sexton, R-crossville, noted no one else had signed on to the statement. Sexton called Mcnally a “very kind and considerate man who does offer encouragement to a lot of people.”
“He was doing it in a way to be kind to all people,” Sexton said. “I think we’re moving past it at this point.”
House Democratic Caucus Chair John Ray Clemmons told people to take a “close look” at Warner.
“I would urge caution on his part,” Clemmons said, mentioning someone “throwing rocks from glass houses.”
Warner’s legislative career is most notable for facing federal investigation just weeks after he was first elected to office. Warner’s home and state offices were searched in a January 2021 FBI raid connected to a federal corruption investigation.
At the time, the FBI also raided locations connected to then-rep. Robin Smith, former House Speaker Glen Casada and Casada’s one-time top aide Cade Cothren. Prior to the investigation, Mcnally publicly condemned Casada and Cothren over sexually explicit and racist text conversations that, along with Cothren’s in-office cocaine use, eventually tanked Casada’s leadership position and Cothren’s political career.
Smith, Casada and Cothren were all indicted on federal charges last year. Smith immediately resigned from the General Assembly and pleaded guilty in a deal with prosecutors.
Casada and Cothren have both pledged to fight the charges at their upcoming trials.
Warner has not been charged in the case but remains close with Cothren, according to recent Tennessee Journal reports.
Abortion bill heading to House floor
After weeks of pressure by anti-abortion group Tennessee Right to Life, the House sponsor of an abortion exceptions bill amended its language to satisfy the influential organization, which some say weakened proposed legal exceptions for physicians.
The proposed bill would remove the affirmative defense portion of Tennessee’s current no-exceptions abortion ban, which requires any physician to knowingly commit a felony when performing any abortion. The bill also explicitly allows treatment of ectopic or molar pregnancies, which Tennessee law currently does not allow.
“It will save mothers’ lives by removing affirmative defense,” said Rep. Esther Helton-haynes, R-east Ridge, who sponsored the bill.
The House is expected to vote on the bill on Monday evening. Democrats say they’re uneasy with the changes made in recent weeks and would prefer more robust legal exceptions, and there may be some hold outs who feel they can’t vote for the bill. But, it is expected to receive bipartisan passage.
The amended bill also proposes the Department of Health issue quarterly abortion reports to the governor and General Assembly on the number of procedures performed.
The first version of the bill received overwhelming bipartisan support out of its first subcommittee meeting, during which Sexton publicly chastised Right to Life’s lobbyist over suggestions the anti-abortion group would negatively rate lawmakers who supported the bill, HB 883.
But the heavy opposition from Right to Life appears to have worked, at least so far, as the bill stalled and a new amendment emerged substantially changing the legislation. The changes included replacing “good faith” medical judgment to “reasonable,” a legal term that Democrats and doctors lobbying for full legal exceptions say will still leave doctors at risk of prosecution.
Meanwhile, the Senate version of the bill, carried by Republican Sen. Richard Briggs, remains roadblocked in the Senate Judiciary Committee. The committee is expected to take it up next week but there are concerns it still doesn’t have the votes to advance.
The judges hearing Metro’s legal challenge to council bill
The Tennessee Supreme Court selected three judges, one from each of Tennessee’s grand divisions, on Tuesday to preside over Metro Nashville’s lawsuit against a recently passed restriction on metropolitan and city council sizes.
The judges include: h Chancellor Patricia Head Moskal, a Democrat serving Davidson County.
She will be the chief judge on the panel.
h Judge Mary L. Wagner, a Memphis judge who won nonpartisan elections to serve the 30th Judicial District Circuit Court Division VII in 2018 and 2022.
h Chancellor Jerri S. Bryant, a Republican serving Bradley, Mcminn, Monroe and Polk counties.
Metro attorneys are seeking an expedited hearing and an injunction of the new law in light of quickly approaching council seat elections scheduled for Aug. 8. Candidates can pick up petitions on March 20, and the qualifying deadline is May 18.
Outside counsel for Metro includes Michael C. Tackeff and Robert E. Cooper Jr. of Bass, Berry & Sims. Cooper is a former Metro legal director and state attorney general. Attorneys for the state are not yet listed.
A hearing date has not yet been set as of Wednesday afternoon.
The three-judge panel stems from legislation last year by the Republicandominated legislature concerned about challenges to state law ending up in court before judges in Democratic Davidson County.
Senate rolls marriage bill to next year
A marriage bill that passed the House this month was rolled to next year by the Senate Judiciary Committee. The original language of the House bill said that public officials could refuse to perform a marriage ceremony if it conflicted with their conscience or religious beliefs. The bill was later amended to drop the language about conscience and religious beliefs.
The bill’s passage stirred controversy — and some confusion over what it meant — on social media and among LGBTQ advocates. Some worried it meant county clerks could refuse marriage licenses for couples. But that isn’t true, according to Chris Sanders, the executive director for the Tennessee Equality Project. While county clerks can both issue marriage licenses and officiate weddings, the bill does not affect marriage licenses.
In fact, Sanders said the bill mirrors protections that already exist for public
officials like county commissioners, mayors and others who can officiate weddings. Clergy are also protected by similar laws. He questioned why the bill was necessary. Still, Sanders said the legislation was ambiguous and could send a dangerous message.
“I think the point of the bill is to give public officials a free pass to discriminate and shield them from liability in state courts,” Sanders said. “If you are a public official, and you marry people, you should be serving the whole public. We don’t want any gradual chipping away at marriage equality.”
Boarding charter schools
A Sexton-backed bill to establish charter boarding schools in Tennessee was deferred in several committees this past week but could get a hearing in the coming week.
Sexton has been floating the idea of charter boarding schools for months. HB 1214 would allow “hybrid public charter” schools to establish residential or boarding programs for students in grades 6-12.
“Chattanooga prep is a great charter school in Chattanooga for at-risk kids,” Sexton, the House speaker, told a gathering of the Tennessee Press Association last month. “The biggest problem that they have is those kids go home at night and they’re hoping they come back the next day.”
Catch up on the week
Here are a few stories to catch up on: h Mcnally pauses social media, defends record as conservative activists call on him to step aside
h Bill to ease TN’S third-grade reading and retention law clears first legislative hurdle
h Tennessee lawmaker: ‘I wouldn’t be here today’ under current abortion ban
h Nashville sues state over new council-slashing law
h Nashville airport board bill marches on, despite concern from former FAA official
The week ahead
h Gov. Bill Lee’s transportation plan is up for a final vote in the Senate on Monday, with the House bill still in committee but moving steadily ahead
h A GOP bill to regulate the production and sales of Delta-8 passed out of Senate Judiciary, but HB 403 hasn’t advanced out of subcommittee yet. It could get a hearing in the Criminal Justice Subcommittee on Tuesday
h SB 279, an administration bill that would allow Lee’s office of faith-based initiatives to receive state funding, is up for a hearing in both chambers’ Finance, Ways and Means committees on Tuesday
Got a question for us?
Got a question about state politics you would like us to tackle? Let us know. Email us at mabrown@tennessean.com or statehouse@tennessean.com.
Rachel Wegner, Cassandra Stephenson and Duane W. Gang contributed to this report.