Image Credit: TN General Assembly
The Tennessee Conservative [By Paula Gomes] –
A resolution that aims to amend Article I of the Tennessee Constitution, giving Tennesseans the right to refuse vaccines and other medical treatments continues to advance in the House.
House Joint Resolution 0028 (HJR0028) passed in the House Health Committee on Tuesday after a 14 to 7 vote split mostly along party lines.
While all five of the Democratic committee members voted no, they were joined by two Republicans, Representatives John Gillespie (R-Memphis-District 97) and Tom Leatherwood (R-Arlington-99). Another Republican, Representative Ron Travis (R-Dayton-District 31), chose not to vote at all.
The bill will head next to the House Finance, Ways, and Means Committee.
Sponsored by Representative Gino Bulso (R-Brentwood-District 61), HJR0028 states that a person “must not be compelled to undergo a medical treatment, even in the case of a declared state of emergency.”
However, Bulso clarified during discussion of the bill, that only the state or its subsidiaries would be prevented from requiring individuals to take vaccines or submit to medical treatments.
The legislation would not extend to the private sector, meaning that private businesses could still mandate that employees receive certain vaccinations, for example, as a condition of employment.
Bulso said that by amending Article I, Section 8 of the 14th Amendment of the constitution of Tennessee, what is already implicit — meaning Tennesseans already have the right to exercise medical freedom — would be explicitly provided for in the state constitution.
When asked if due process is ever waived during a state emergency, Bulso replied, “ In the case of a national emergency, could a court find under due process that a particular treatment is required? And the short answer is yes. Because once again… no one can tell you how any court is going to resolve a case in the future, especially on a set of hypothetical facts.”
Bulso then continued, “ But one thing we can tell you is that the analysis the court is going to use is this: If [the Tennessee General Assembly] passes a law that infringes upon the right to medical freedom, the court will ask, “Is that law narrowly tailored to support a compelling state interest?” And typically the answer to that question is no. It’s a very hard standard to reach. It’s called strict scrutiny under the law. But is it possible? It absolutely is possible.”
Constitutional amendments must pass through two consecutive General Assemblies before being placed on the ballot of the next gubernatorial election. With the office of governor up for grabs next year, this means the earliest that voters might see the amendment on the ballot would be 2030.
About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.
