Tennessee’s Constitution, 1840 TN Supreme Court Decision Show 2A Not Unlimited

In August, Governor Lee is exercising his constitutional right to call for Tennessee’s legislature to come together in Nashville for an “extraordinary” session on “public safety” in the wake of the tragic attack at the Covenant School down the road that took the lives of innocent people, including children.

Lee’s press release about the special session did not include the word “guns”, but many are hopeful the discussion will revolve around some version of common sense gun reform, which even Fox News polls show are supported by the overwhelming majority of the people.

Predictably, pro-gun groups are already attacking Governor Lee for the implication that he will support some sort of “Extreme Risk Protection Order” that seeks to keep guns from dangerous people, saying he is betraying their constitutional rights as outlined by the 2nd Amendment. But 19 states already have these laws, including Florida which passed theirs after Parkland, and thus far they have withstood legal challenges.

The questions at the center of this special session will likely be a familiar one, one which we have been debating for many years: How unlimited is the 2nd Amendment really, and what was its true intention? To answer these questions about our nation’s constitution, our state’s constitution, and our Supreme Court’s interpretation of it, may provide the answers.

First, let’s remember what the 2nd Amendment actually says:

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

2nd Amendment absolutists focus on that last part: “Shall not be infringed”, and say that overwrites the rest of it, even though it begins with “well regulated“, which those in favor of common sense gun reforms say would allow lawmakers to place limitations on the owning and carrying of weapons.

Even conservative Justice Scalia interpreted this right as not unlimited.

Former Tennessee House Republican Rep. Brandon Ogles highlighted the “well-regulated” part in committee, drawing ire from his own party.

Another key word to notice there is “Militia”, which many believe means the 2nd Amendment was actually the framers way of making sure the public was able to take up arms against a tyrannical government should the need arise, and not them saying everyone should be walking around armed to the teeth.

Standing here in the year 2023, over 200 years removed from the writing of the constitution, it’s hard to know exactly what they meant. But you know who was a lot closer to it, and in a much better position to understand the intentions of the United States constitution than we are?

The framers of our own Tennessee state constitution.

Article 1, Section 26 of the constitution can provide some clues as to which reading of the 2nd Amendment is closer to the framers’ intentions. It states:

“That the citizens of this state have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime.”

Did you catch that 2nd part? Again: “The legislature shall have power, by law, to regulate the wearing of arms to prevent crime.”

The first constitution of our state was adopted in 1796, meaning those who wrote it were contemporaries of the framers of our nation’s constitution, and likely had a pretty good idea of what they meant.

So if they believe the legislature can regulate guns, how can we stand here 227 years later and say they can’t? That seems to be a highly unreasonable position to take.

It’s also worth noting that when Governor Lee and others say that we can’t regulate guns because criminals don’t obey the law, as he said to us after Uvalde, he is speaking in direct opposition to the very words in the state constitution he has sworn to uphold.

Now let’s focus on the first part. Just like in the 2nd Amendment of the United States Constitution, which very clearly says it’s talking about a “Militia”, the Tennessee Constitution’s provision says “for their common defense”. What did they mean by that?

Again, here in 2023 it’s hard to say. But we can draw our answer from the Tennessee Supreme Court in 1840, which was asked to interpret this as it weighed in on a case involving a man who had been arrested for carrying a bowie knife in “Aymette V. State”.

The decision upheld the case against Aymette, who was arguing that Article 1, Section 26 allowed him to carry a bowie knife. In the ruling the Supreme Court made it clear that although he was “insisting” the law “gives every (white, at the time) man the right to arm himself in any manner however dangerous or unusual the weapon” – it went on to say the law did not do that.

Instead, the ruling makes it clear it the Supreme Court believes the phrase “common defense” is key to understanding the law, in that it was really intended to make sure the public could defend itself against a tyrannical government should the need arise again, and that it did not mean individuals could walk around with weapons “efficient only in the hands of the robber and the assassin”, because “these weapons would be useless in war, could not be employed advantageously in common defense.

“The right to keep and bear them is not, therefore, secured by the constitution.”

The ruling goes on to again say that the words “bear arms” are a specific reference to their military use – again useful for our understanding of the 2nd amendment itself – “and were not employed to mean wearing them about the person as part of the dress”.

Not only does the Supreme Court say the legislature can make laws with regard to weapons, it goes so far as to call it “absurd” to think they would not be able to do so, and that the right to weapons in situations of “common defense” would be extended weapons in non-military situations, knowing that “in the hands of an assassin, they might take away life.”

So yes, the Tennessee Supreme Court goes on to say, the Legislature has a right to “prohibit the wearing or keeping weapons dangerous to the peace and safety of the citizens, which are not used in civilized warfare, or would not contribute to to the common defense.

Addressing the argument that the Legislature cannot make these laws, the Supreme Court says it would be to “pervert a great political right to the worst of purposes, and make it a “social evil of infinitely greater extent than abandoning the right itself entirely.”

They go on to imagine “ruffians” entering a “theater” or “church” to the “terror of the audience”, saying it could become “habitual” – which, of course, it has – and say that it would “surely not” be beyond the power of the Legislature to pass laws to stop these horrors.

Prescient, no?

In summation, the Tennessee Supreme Court declares “the right to bear arms is not of that unqualified character” – meaning not without limitations – again reiterating that the law’s intention was of a “common defense” or military nature.

It’s worth noting that the argument of 2nd Amendment absolutists is often that even if it is in reference to a “militia” or the “common defense”, that that includes all citizens. But if they’re going to concede the 2nd Amendment is in reference to the “militia”, that word in the United States constitution is preceded by “well-regulated”.

They cannot have it both ways.

Again, the framers of the Tennessee constitution were alive in 1796. They were contemporaries of the men who wrote the United States constitution itself. Article 1 Section 26 very clearly gives the Legislature the power to make laws limiting the right to carry and keep weapons, and the Tennessee Supreme Court upheld that power in 1840 in Aymette V. State.

Today’s legislators cannot hide behind the constitution. They DO have the power to change our gun laws to keep us and our children safe.

The August special session will be here soon, called by their own Republican governor. It is way past time for them to do it.

ANONYMOUS ETHICS SUBCOMMITTEE MEMBER CASTS DOUBT ON SPEAKER’S CLAIM

Within hours of the Phil Williams report about TN House GOP caucus vice chair Scotty Campbell’s alleged sexual harassment of legislative interns, Campbell had resigned. Even Phil was blown away by how quickly it happened, basically saying he had never seen anything like it in his storied career.

But despite the speed of Campbell’s demise, many questions remained. Why did it take Phil’s report to trigger any consequences? Who knew about the details of the investigation? What was Speaker Sexton’s role in this ugly ordeal?

Sexton was quick to deny any knowledge of the details of the investigation, and majority leader William Lamberth was right there at a press conference to back him up, pointing to the policy governing harassment allegations and saying it protected the victim by keeping the details quiet even from the speaker.

But who is really being protected? Obviously the victim’s confidentiality is paramount, but more and more it’s seeming like what’s really being protected is the speaker from any culpability for his handling – or mishandling – of the situation, and the lack of consequences Campbell faced until the situation became public.

The policy governing harassment complaints itself makes it clear all complaints are to go right to the speaker. And since that initial report we now know more about what went on in the wake of the complaint – including approved expenses taxpayers covered that were shelled out to the tune of nearly $10,000, including almost $1000 in CASH.

Even the intern herself said “it felt like they were trying to buy my silence.”

So who signed the checks? Who approved the expenses, including the cash handout?

Speaker Sexton has pointed the finger at the 4 members of the ethics subcommittee: Rep. Bill Beck (D), Rep, Karen Camper (D), Rep. Pat Marsh (R), and Rep. Sam Whitson (R).

Sexton very clearly is trying to shield himself from blame by using the ethics subcommittee as cover, despite the fact that we know FOR SURE Sexton knew about the Campbell findings as early as March 29th, yet Campbell was met with no consequences until voluntarily resigning 3 weeks later – even as he voted to expel the Tennessee Three for speaking up for common sense gun laws.

We have reached out to each of the 4 subcommittee members to confirm Sexton’s story about them approving the expenses.

2 ignored us entirely.

1 is staying quiet, pointing to the policies governing their committee as the reason they “Can’t talk about that.”

The 4th was not willing to answer anything specifically about the expenses concerning this particular situation, but was willing to answer a more general question: “Does the subcommittee have the power to approve expenses when it comes to sexual harassment allegations?”

The answer from the 4th subcommittee member: “TO MY KNOWLEDGE, NO.”

If that’s true, that means the subcommittee clearly didn’t have a hand in approving those expenses. Which means Speaker Sexton is lying to Phil Williams, and to the public.

What the member is saying makes sense. Everyone we have spoken to at the legislature says they can’t even buy a lamp in that building without the speaker’s sign-off, so it defies logic that $10,000 in taxpayer funds would be spent without his approval, particularly the nearly $1000 in cash.

And again, if Sexton did approve those expenses, and he did know about the Campbell details long before Campbell’s departure, then Speaker Sexton is lying, and the people of Tennessee deserve to know.

Sexton was clearly counting on the subcommittee to maintain their silence to keep folks believing it. An ethics subcommittee allowing itself to be used as cover in that way would seem to be downright unethical – but 3 of the 4 appear to be willing to let that happen.

As for why this 4th member feels the need to remain anonymous when answering a basic procedural question, that seems to speak to a culture of fear and intimidation that permeates the entire capitol under the Sexton regime – one that was apparent in the leaked audio from the GOP caucus meeting we posted a few weeks back regarding the Tennessee Three expulsions, which were in themselves a silencing of dissent and intimidation of a jaw-dropping, undemocratic scale.

The silence of the ethics subcommittee members also begs the question: What does Sexton have on them that they would be willing to provide cover for his lies? Especially when the lies are concerning such an important issue – the sexual harassment of young interns by men in power, one would think they would feel the need to speak up.

Serving on an ethics subcommittee should have 1 requirement: A commitment to the truth. Allowing the speaker to use them as a smoke screen to lie and cover-up his own failures would be the opposite of ethical. And if speaking about who covered the expenses is a policy violation, Sexton already violated the policy by pointing the finger at them.

We asked TN House Dems caucus chair Rep. John Ray Clemmons (D-Nashville) for comment. His response:

“Having never participated in or served on this “double-secret” subcommittee, I cannot speak from personal knowledge about how it operates or what power it wields. However, I know of no rule or authority that would allow a four member group of legislators to unilaterally, secretly appropriate taxpayer funds for any purpose. 
Also, it is my understanding that practically every decision made in the House goes through the Speaker’s office. The Speaker’s office controls everything from assigning legislators’ desks on the floor, committees and specific parking spots to approving staff and office furniture. Now, if someone offered or made a cash payment, as was reported, that is a whole other issue. Such a payment would circumvent all formal channels of normal expenditures or be pulled out of a “petty cash” drawer somewhere in this building that most of us don’t know about.”

AGAIN, the anonymous Ethics Subcommittee member’s response when we asked if the subcommittee has the power to approve expenses in sexual harassment (cover-up?) situations: “TO MY KNOWLEDGE, NO.”

So if the ethics subcommittee didn’t approve the expenses, Sexton must have, which means he knew about the Campbell harassment issue all along and did nothing.

And had Phil’s report not come out, Campbell would likely still be in his seat, and still be vice chair of the Republican caucus.

Between questions concerning his his residency, his inflated self-approved per diem which some want criminally investigated, and now the deception swirling around these very serious sexual harassment allegations, the already loud calls for Sexton’s resignation are sure to grow even louder now.

AOC WITH JUSTIN JONES IN D.C.

LEAKED AUDIO: TN House GOP Caucus Infighting Over TN 3 Votes

 

TODAY’S HOLLER: TN Republicans Vote to Force Raped Kids to Give Birth

“2ND CLASS CITIZENS”
TN Republicans Vote to Force Raped Children to Carry to Term

On Monday a “watered down” version of a bill originally intended to add real exceptions to Tennessee’s draconian NO EXCEPTIONS abortion ban passed the house. It had bipartisan support, but doctors and some Democratic legislators opposed it because it had been so narrowed by Tennessee Right to Life that many say it does not actually provide real exceptions for doctors to save mothers in danger.

As Rep Gloria Johnson put it: “This language is murky. Doctors and women are still at risk.”

Instead, the bill now forces doctors to wait until women are at death’s door, a sickening situation that will cause doctors to intentionally let women and girls suffer to protect themselves from prosecution.

The senate version has not yet been diluted in this way, but likely will be.

As the bill passed the house, Democrats offered amendments to make it a better bill. Gloria Johnson had an amendment to create an exception for pregnant children who were victims of rape (which all pregnant children are by definition). It would seem to be a no-brainer to create this exception for abortion care, especially since most of Tennessee wants it.

Alas, no. Radical Republicans killed the amendment.

WATCH it happen: “Imagine your child or grandchild is raped tomorrow.” – Gloria’s pleas fell on deaf ears.

AGAIN: Tennessee Republicans voted to keep FORCING RAPED LITTLE GIRLS TO CARRY TO TERM😳#ForcedBirthState

We had a chance to ask TN RIGHT TO LIFE about it yesterday: “Do you think raped little girls should be forced to carry to term, Will?” WILL BREWER of Tennessee Right to Life is who Speaker Cameron Sexton says “intimidated” legislators into not supporting real life of the mom exceptions to TN’s strict abortion ban.

We tried to talk. He ran.🏃🏻

We also asked Susan Lynn, the original sponsor of the trigger ban, why she lied and said the bill did have exceptions when it didn’t: “Were you lying when you said your NO EXCEPTIONS Abortion ban had exceptions? Or just wrong?”

Rep. Lynn (R-Q ANON) babbles about Biden to deflect whenever we ask her. 🤡 #ForcedBirthState

On another of Gloria’s amendments Gloria reacted to Rep. Andrew Farmer saying Republicans want to protect fetuses no matter what, and clearly treated girls/women as an afterthought. 😳 #ForcedBirthState
“Talk about feeling like a 2nd class citizen… it seems no one cares about the women & young girls.” 

The GUARDIAN is asking the right question: “How close to death must a woman be to get an abortion in Tennessee?” 😳

It’s sickening that this is the question that needs to be asked. But it does.

The cruelty seems to be the point.

We will continue to holler the truth about it. Please consider chipping in monthly  to support what we do. (or on SQUARE)

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TODAY’S HOLLER:

WATCH: Drag Queens Get OVATION Walking Into #LoveRising in Nashville 🏳️‍🌈🏳️‍⚧️🔥❤️ – Congrats
Gov. Lee & TN GOP — you’ve turned drag queens into rock star celebrity revolutionaries with your hate. The more you crack down, the more powerful they get.

LOVE RISING: 🎶 “I want a house with a crowded table… and a place by the fire for everyone…” 🎶 Awesome big number with Maren Morris, Allison Russell and friends bringing drag queens on stage at #LoveRising NASHVILLE. Thousands in attendance, hundreds of thousands raised. 🏳️‍⚧️🏳️‍🌈❤️ #LoveWins

🔥 WATCH: “And yes, I introduced my son to some drag queens today, so Tennessee — FUCKING ARREST ME.” Maren Morris at the #LoveRising benefit concert in NASHVILLE last night, opposing the TN GOP’s #SlateOfHate🏳️‍🌈🏳️‍⚧️❤️

WATCH: “We’re out here to keep Tennessee safe for everyone… there’s power in numbers.” The star-studded #LoveRising concert in NASHVILLE at Bridgestone Arena was a huge success. 🏳️‍🌈🏳️‍⚧️❤️

WATCH: Sen. Hensley & Rep. Clay Doggett’s other Drag Criminalization Bill Dies a Humiliating, Glorious Death 🎉 – We’re told the humiliating #RandyRandy McNally scandal is why TN Republicans didn’t give Hensley a second on it, which warms our hearts. Keep hollering.

In honor of Rep. Clay Doggett’s other drag show criminalization bill dying in the senate, here’s a pic of him in a hula skirt and some sort of bra in high school in Giles County someone sent us…

REPUBLICANS PROTECT… GAS STOVES?: Congrats to Gov Lee & the TN GOP for passing another pandering solution in search of a problem — meanwhile we’re at the bottom in poverty, violent crime, infant & maternal mortality, Ed funding, medical bankruptcies, etc… But, y’know, protect gas stoves! 😵‍💫The Government Overreach Party at work.

TAKING THE BURDEN OFF TEACHERS:  “This eliminates the burden on classroom teachers to catalogue all their books.” Yarbro’s bill to tweak the GOP’s book banning law to clarify teachers were not meant to take on that burden passes the senate. The law is still in place, parents can still challenge, etc.

RANDY RANDY WINS CAUCUS SUPPORT: TN Senate Republicans voted 19-7 to keep #RandyRandy Lt. Gov. McNally in leadership, a walking monument to their hateful hypocrisy. 🏳️‍🌈

👂LISTEN: “I’ve been made aware of 2 other situations where inappropriate relationships took place.”
Rep Todd Warner, the 1 TN Republican to call for McNally to step down, tells The Tennessee Star there’s (allegedly) more to the #RandyRandy story.

ICYMI: “Republicans love to accuse LGBTQ+ people of “grooming” children, but in Tennessee, it sounds like the call is coming from inside the house. The statehouse, that is… Rep. Todd Warner released a statement accusing fellow Republican McNally…”

Seems right-wing TN Stands is not on board for Senator Jack Johnson replacing #RandyRandy  👀

TRAVELING OUT OF STATE: “Doctors told a mom in Tennessee that her desperately ill baby would most likely die in utero, or shortly after birth. CNN followed her 900-mile journey for an abortion, a procedure she can’t access in her home state.” #ForcedBirthState 😳

ICYMI: Phil Williams reported Ogles raised $25,000 for a “child burial garden” — used a photo of a stillborn child for the GoFundMe promising a place for burial of babies with benches and a statue of Jesus… then kept the money.😳 #AndyFauxgles

TENNESSEAN: After Phil Williams raised questions about what Andy Ogles did with money raised for a burial for children he claimed to be building – “Rep. Andy Ogles’ spokesperson did not immediately respond when asked if financial docs would be released showing the payouts helping families or if they could connect The Tennessean with a family who benefitted from the fundraiser.”


🤔 “(Former) Tennessee state senator Brian Kelsey accused of violating federal campaign finance laws is seeking to withdraw his guilty plea, arguing that he initially did so with ‘unsure heart and confused mind.’”🙄
LOL ok Brian

BOMB THREAT: As Trump attacks Letitia James… BOMB THREAT at the courthouse… the judge can’t be thrilled about this one.

ARMING TEACHERS: “So it wouldn’t even be mandatory that the school district know who is carrying a gun in their schools?” Rep. Parkinson left speechless at the Ryan Williams bill to arm teachers — Heading to civil justice next ([email protected]).

OUT OF CONTROL: Tennessee Republican Senator John Stevens has a bill to eliminate the right of private businesses to prohibit firearms.🤔 The TN GOP finds new ways to endanger us all daily.

🔥MUST-WATCH: “It’s immoral that we subsidize giant corporations as they pay starvation wages.”
Justin Jones schools Republicans on rampant inequality as they shill for corporations and defend wild CEO-worker pay ratios. Justin gives a master class on economic inequality and had them going hard in the paint for the rights of multinational corps to pay starvation wages. They all came at him. They all missed.

WATCH: “I’m gonna let you feel powerful today, but this is WRONG.” Jones calls out Mark White for treating him differently than other reps, cutting off his Q’s of a witness on a bill to make it so parents OPT-IN before students can do/learn just about anything.

KIDS STILL NOT RETURNED: After a Black family from Georgia’s 5 kids were taken by TN DCS over a small amount of marijuana, the kids have still not been returned over a month later. “The children are not being returned today. The mother will have to submit to a hair follicle test.” Outrageous.

SENATOR LAMAR TO TN DCS: “GIVE THIS FAMILY THEIR CHILDREN BACK.” – Senator Lamar demands DCS release 5 (Black) kids after a month in state custody after THP charged the father for simple marijuana possession during a traffic stop.

SOME GOOD NEWS: “Senator Jack Johnson backed off his bill to kill the Tennessee Commission on Children and Youth…” 🎉 — Good hollering, y’all. Gov Lee’s retaliation for their report on our disastrous foster care system is dead. (For now) #TNDCSCrisis

GROWING PAINS: “HENDERSONVILLE mayor links LIBRARY BOMB THREAT to Fox coverage of Kirk Cameron’s story hour… multiple threats… says library being unfairly vilified… asks lawyer to tell Cameron to cease & desist incitement before someone gets hurt…” – and now the library director was fired.

HEARTBREAKING images from SYLVAN PARK this weekend, where a young Nashvillian joined neighbors in cleaning the hate off of his house. ❤️


GRIFT ALERT: Carol Swain  is charging $400 to “train” school boards on concepts Tennessee has banned, and it turns out the state now REQUIRES 7 hours of training per year for EVERY SCHOOL BOARD MEMBER — and she promotes hers “state-approved”… That’s some scheme💰!

🤦🏻SUMNER COUNTY commissioner Matthew Shoaf introduced a resolution declaring Sumner won’t recognize an indictment by a NY grand jury (not named but implied: OF TRUMP) as Trump says he’ll be arrested tomorrow. Again: MAGA Republicans do not care about the Rule of Law

WATCH: “FRANKLIN’s visitors guide says ‘FREEDOM, LIBERTY, and EQUALITY’ —I assume that’s for everyone.” Outrageously, FRANKLIN is considering not renewing Franklin Pride’s permit this year. The founder Robert McNamara and others are fighting back.😳🏳️‍🌈 #SaveFranklinPride

INBOX: Franklin Alderman Gabrielle Hanson (jack johnson’s political coordinator, opposes Lynching markers because “Marxism”🙄) replies to a voter “a significant # of gay people” want Franklin to DENY Franklin Pride’s permit.🤔 We asked her who they are. No names yet. #SaveFranklinPride

WATCH: Alderman “All Lives Matters” Lynching Markers 😳 Hanson also opposes LYNCHING MARKERS in Franklin, blaming “social Justice” and “Marxism” and saying it’s a pathway to “reparations” 🤔

SEXTON’S RACIST APPOINTMENT:  “Is it true Mr. Saltsman passed out CD’s with the song ‘BARACK THE MAGIC NEGRO’?”😳 TN Republicans just confirmed Speaker Sexton appointee Chip Saltsman despite London Lamar warning them about his deeply racist past. When they tell you who they are, believe them.

WATCH: “The charter school commission is the epitome of STATE OVERREACH & BIG GOVERNMENT… they override your local elected officials’ decisions.” Dems rip Gov. Lee’s tool to fill TN with (privately run) charters as Republicans extend it.

😳🏳️‍🌈 OFF THE LIST: “Students switch up college plans as states pass anti-LGBTQ laws… choosing not to attend colleges in states targeting their rights…” Tennessee is mentioned. Sad & embarrassing.

FOX 17: “A new Tennessee bill would allow law enforcement officers to use mechanical restraints, such as belts and handcuffs, on students with disabilities….”😳 Here’s where we asked TN House Rep. Greg Martin (R-Chattanooga) about it — 🏃🏻 he ran.

🔥👀 Go off, TN Historical Society!

POWDERPUFF GUV’S BILLBOARD IS UP: NASHVILLE: We came down for a quick visit to #PowderpuffGuv Gov Bill Lees new Broadway billboard. Nice stems, Guv! #TNDCSCrisis

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Anti-LGBTQ Tennessee Lt. Gov. McNally Comments On Racy Instagram Pics of Young Gay Male

 

UPDATE TO THIS STORY: Lt. Governor Randy Mcnally has issued a statement blaming us for calling out his hypocrisy – but, importantly, not denying he’s the one who made these comments, not claiming he was hacked, and not blaming an underling. You can watch our interview with Franklyn, the man in the pics, here. Or listen to the PODCAST.

 

Tennessee is currently leading the nation in anti-LGBTQ hate, with 26 anti-lgbtq bills moving through the legislature. Last week Governor Lee made national news for quickly signing a cruel trans youth health care ban, and the nation’s first drag show felony bill, which threatens to lock up drag performers.

What made the bill even more absurd was the revelation that Governor Lee himself had dressed in drag, on a school campus, in front of minors, back in 1977.

Drag for me, felony for thee.

Lee’s hypocrisy made him a laughingstock, even getting him sent up on Saturday Night Live.

Well hang onto your hats, folks, because it turns out Lee isn’t the only huge hypocrite at the highest levels of Tennessee’s government.

Enter Lt. Gov. Randy McNally, who it turns out has been openly leaving heart emojis and other encouraging comments under very racy pics on the instagram page of a young gay male aspiring performer named Franklyn McClur, who grew up in Knoxville – McNally is from Oak Ridge, but represents parts of Knoxville, where he lives with his wife Janice. They have 2 adult daughters. Mcnally is Roman Catholic.

We were alerted to the pics by an anonymous twitter user who came across them – someone who knew of Franklyn and was entertained by his page. They sent us screen shots and told us where to find them. We were in disbelief.

Sure enough, there they were – and still are, at this writing: Visit Franklyn’s page here under the moniker “@FranklynSuperstar”

McNally repeatedly used his VERIFIED account to post underneath some of Franklyn’s raciest pictures. McNally is apparently very big on heart and flame emojis.

Underneath a few Franklyn and McNally exchange comments, seeming to know one another. McNally even calls Franklyn by “Finn”, his nickname, which is not mentioned anywhere on his page, and speaks to a definite familiarity between them. (Franklyn says they have never met in person)

Knowing McNally would surely claim to be hacked when we posted about this, we decided to call up Franklyn to hear the details from him directly.

Franklyn is currently 20 years old. He grew up in Knoxville (which McNally represents parts of), but no longer lives there. He says he and McNally became friends on Facebook through mutual friends a few years back, and that McNally got Franklyn’s Instagram from there and has been commenting for a while now.

About his pictures, which are revealing, Franklyn says “My body is art, I like to use it the way god intended.”

Franklyn told us he always found it a bit random that the Lieutenant Governor of Tennessee was commenting on his page, but since he’s not a political person he didn’t make the connection that McNally was simultaneously helping to spearhead a deeply anti-LGBTQ legislature which is pushing the most anti-LGBTQ bills in the country.

About the way McNally posted on his page, Franklyn told us he has never taken what appears to be flirting seriously. “I just thought he was older and out of touch. I’ve always taken it as a compliment.  I don’t dislike him or think he’s a bad person, he’s one of the only people who has consistently uplifted me and made me feel good.”

But when we told him about the drag show felony bill, and the anti-trans youth health care bill, and so many of the other bills snaking their way through the Republican supermajority-led legislature, Franklyn agreed that was wrong, saying “It’s wrong to ban drag, wrong to ban anything that isn’t hurting anyone. I don’t support hate of any kind.”

We asked Franklyn if at any point he thought McNally may have been hacked. And he said the thought crossed his mind, but that since they had become friends back in 2020 he (understandably) assumes McNally’s team would know by now if that was the case: “They would be aware by now if he was hacked. It’s evident he’s not hacked.”

It’s worth noting the comments McNally made on Franklyn’s page stretch back months ago. Add that to the fact that Franklyn says he has been messaging with McNally for years, and let’s just say if this is the work of hackers, they’re the most patient hackers ever.

The main point Franklyn wanted to get across was that he has no animosity towards Randy McNally. “I don’t hate him. I don’t dislike him. I don’t have a negative opinion on him. I’ve had a transformation since we started talking — I was more christian, now I’m more not christian. We were friends back before I was more openly myself. Before I was posting things more mature… If he’s hitting on me it’s real out of touch hitting on me.”

Franklyn’s appreciation for McNally is clearly genuine. But while McNally may be supportive of Franklyn, when it comes to the LGBTQ community in Tennessee, he is anything but.

As with the governor’s drag past, the hypocrisy on display here is, yet again, jaw-dropping.

We don’t judge Randy for liking Franklyn’s pictures. In fact, we’re glad he does. We just wish McNally and Tennessee Republicans would stop the hate and treat everyone in Tennessee’s LGBTQ community in the supportive way Lt. Gov. McNally treats Franklyn on Instagram.

Instead, Tennessee Republicans have made hate their #1 priority this session to distract from all the different ways this TN GOP supermajority is failing our state, with outcomes at the bottom in poverty, violent crime, health, per pupil spending, and so much more.

The hate is simply a distraction they use to cling to power, and they don’t care what it does to our most vulnerable communities. What a better state we would have if we all accepted each other for who we are and supported one another.

Speaking of support, Franklyn adds that he would appreciate any support y’all are willing to give him on TIK TOK or better yet VENMO @Franklyn-McClur, as he’s currently working on making his way out to Los Angeles to become, in his words, “the next Doja Cat” (he also wanted to send a shout-out to Justin Bieber, and to let record labels know they should all feel free to contact him!)

Also feel free to support our friends at the Tennessee Equality Project who fight the hate McNally supports HERE, and CHIP IN to help us Holler HERE.

TN DAD TO TN GOP: “I WAS WRONG NOT TO ACCEPT MY TRANS SON.”

Below is a letter sent by the father of a 23 year-old trans son to Tennessee Republican legislators. His family was among those who testified in hearings at the state legislature in an effort to stop the trans youth health care ban from moving forward this week. So far, it has not slowed the bill, which will be on the house floor this week. Call your reps.
I am the dad of a transgender 23 year old son.  I am here to tell you I did not accept my child being transgender.  We fought, my wife and I came close to divorcing over it.

But in hindsight I WAS WRONG.  And you passing this law without making exception for hormone blocker and hormone therapy is wrong too.  Parents and medical teams, along with their children, must make these decisions.  This is a medical condition, not a fad, or trend, as I once believed.

My son’s brain, chromosomes or hormones do not match his reproductive system.  His life has been extremely difficult with Trauma, bullying, physical and sexual abuse and constant depression, anxiety and self harm and suicide attempts.

Once he got on hormone treatment, that all went away.

It wasn’t until then that I realized this was a necessity for my child to survive.  We have worked through our differences and he gave me the honor of giving him his new first name.  I struggled with pronouns and just never saw him as a boy until others started recognizing him in public as a boy.  People that didn’t know him.

When I realized the rest of the world saw our son as he felt inside, I was thankful that he had the ability to live his authentic life.

PLEASE DON’T DO WHAT I DID.  FOLLOW THE SCIENCE, DON’T TAKE AWAY PARENTAL RIGHTS.

All of the medical associations including World, American medical, American Pediatric, American Psychological, American Therapy and American Endocrinology all find these treatments are ABSOLUTELY appropriate, reversible and life saving in some cases.

Therapy doesn’t always work, nor do antidepressants.  Approving this bill in its current form will cost lives.

Sincerely,

****
Retired US Navy, US Army

Sen. Campbell Warns of TN GOP Fascism

TN Dems Grill Matt Walsh

SENATOR JANICE BOWLING CAUGHT IN FURRY LIE LIE

During a committee meeting a few months ago, Republicans Senator Janice Bowling and Rep. Mary Littleton perpetuated the myth that there are students in Tennessee identifying as cats and using “litter boxes” to go to the bathroom in some Tennessee schools.

The lie is part of a wave of misinformation intended to harm public education by giving public schools a bad reputation, and also to target LGBTQ people. As SALON puts it:

“The first notable instance of furry panic occurred when right-wing activists pushed a false claim about schools in Michigan placing litter boxes in bathrooms to allow furry students to use them, and the bogus rumors about furry infiltration into the public education system have only grown from there.”

Matt Walsh of The Daily Wire, known for his transphobia, talked about it in an anti-trans propaganda film he made, and Joe Rogan helped add fuel to the fire before eventually admitting he had no evidence of it.

That brings us back to Janice and Mary. Since their comments were made when the legislature was out of session we didn’t have a chance to ask them about it until yesterday, when we finally caught Senator Bowling coming out of Day 1 of the Tennessee state senate.

We asked her if being featured on an NBC NEWS debunking was enough to get her to admit she was wrong and apologize.

Surprise! She would not.

Instead, Janice doubled down. Senator Bowling repeatedly insisted the myth of furries in schools was not a lie, but instead of “litter boxes in schools”, which is what she initially claimed, she now said it was “LEASHES” in schools – meaning kids were walking around attached to leashes intended for pets.

The natural question: “Where is this happening?”

“Franklin County schools,” Janice said, claiming she talked with the superintendent, who told her about all of these leashes and furries and such.

The thing is, Franklin County Schools has telephones. The superintendent’s name is Stanley Bean.

So we called Mr. Bean and asked him ourselves about Janice Bowling’s accusations that his schools had children walking around on leashes.

Mr. Bean’s response: “There are no litter boxes in our schools. There are no students on leashes. I don’t know where Senator Bowling is coming up with this stuff.”

Apparently Mr. Bean was made aware of Bowling’s lies about furries and litter boxes in their schools back when she initially talked about them in committee, when the superintendent of Tullahoma schools, who is a friend of Bean’s, told him Senator Bowling was claiming such things were going on in their district.

Superintendent Bean says he called Senator Bowling himself and asked her where she was getting that information. Bowling told him it was coming from parents, so Mr. Bean did the logical thing and asked Senator Bowling to bring the parents to a meeting with him so they could talk about what they had seen, and where.

Bowling agreed.

When the time came for the meeting, Senator Bowling showed up, but there were no parents to be found. “She told me they were afraid to tell me in person,” Bean said. “So I told her that without any evidence she needed to retract what she had said about out schools. She said she would.”

Bean says the next thing he knew, Bowling was on local radio – but instead of retracting and apologizing, Senator Bowling was claiming to have put a stop to all the furrying and litter boxing and what-not, by issuing an order to Mr. Bean to put a stop to it.

Bowling made herself sound not like a fool who had fallen for a lie, but a hero.

Bean was angry. But he decided to let it go.

Unfortunately for Senator Bowling, letting things go isn’t something we at the Holler are very good at. So yesterday we asked Bowling about it at the legislature, and instead of apologizing, she insisted Mr. Bean told her there were kids on leashes in Franklin County Schools, and angrily told us we simply couldn’t handle the truth.

As it turns out, it’s Senator Bowling who very clearly has trouble with the truth.

There are no furries in Franklin County Schools. Or Leashes. Or Litter Boxes.

Senator Janet Bowling has been duped, but instead of admitting her mistake, she childishly and irresponsibly added to the problem by piling lie after lie on top of it – behavior unbecoming of anyone, but especially of a sitting state Senator who is supposed to be representing her constituents and her local school districts, not lying about them and defaming them.

At least Meow we know the truth.