Guest column: League’s positions on three proposed constitutional amendments

League Matters—Making Democracy Work

Tennesseans will be voting on four proposed amendments to the state constitution. The League of Women Voters (LWV) has long-standing positions on three of these issues. League positions are taken only after detailed study by League members and consensus among all local leagues.

These three proposed amendments will have long-term effects for Tennesseans, and the League urges voters to carefully and thoroughly consider the issues before casting a vote.

Amendment One Summary—Amendment to Article 1 of the Tennessee Constitution’s Declaration of Rights states that nothing in the Constitution secures or protects a right to abortion.

The League of Women Voters does not support this amendment. The LWV believes that public policy in a pluralistic society—one of many faiths and many cultures—must affirm the constitutional right of privacy of the individual to make reproductive and medical choices.

Of particular concern is the wording of this proposed amendment. This amendment allows future Tennessee legislatures to pass into law unbounded restrictions on reproductive privacy without public dialogue and and electorate input. The wording specifically allows legislators—at any time in the future—to “enact, amend, or repeal statutes regarding abortion, including, but not limited to, circumstances of pregnancy resulting from rape or incest or when necessary to save the life of the mother.”

Voting “no” will continue to ensure that our pregnant children and women can seek alternative, quality medical procedures when a pregnancy threatens their health or life. Voting “no” will protect our children and women who have been raped or who have been the victims of incest from being forced to complete a resulting pregnancy. Voting “no” will allow women and parents of pregnant children the right to privacy and to protect their ability to make deeply personal decisions in consultation with their family, their faith, and the advice of their doctor—not a politician.

Proponents of this amendment often argue that greater restrictions and regulations are necessary to protect the health of the patients. No such need has been demonstrated. Currently, Tennessee women have access to high-quality medical care for their reproductive health needs. Tennessee abortion providers, like all other medical professionals in the state, are regulated and all health care professionals performing abortions must be licensed. Unlike physicians in other specialities, physicians who perform abortions in Tennessee are required to have admitting privileges at a local hospital. Clinics are likewise inspected and licensed.

Amendment Two Summary—Selection of Appellate and Supreme Court Judges

The League of Women Voters supports this amendment. The judicial branch of government in Tennessee needs to remain fair, impartial, and nonpartisan.

The previous merit-based Tennessee Plan process for selecting and evaluating appellate judges and justices was not renewed by the Tennessee Legislature during its 108th General Assembly, and the Plan was allowed to expire.

Voting “yes” helps ensure that Tennessee has a qualified and stable judiciary to apply its laws equally and uphold its constitution. Voting “yes” protects the right of Tennesseans to retain or fire judges at the end of their respective terms. Voting “yes” adds checks and balances to the process by having the Legislature confirm or reject appointees. Voting “yes” prevents special interests—both in-state and out—from influencing the appellate judges and courts in Tennessee.

It should be noted that Amendment Two no longer includes the merit-based selection process of the Tennessee Plan. The LWV will continue to support and strongly advocate for re-establishment of a merit-based process for identifying and nominating individuals who exhibit legal knowledge and judicial non-partisan temperament.

Amendment Three Summary—Prohibits the state and any city or county in Tennessee from levying any payroll or personal income tax.

The League of Women Voters does not support this amendment. The LWV supports a fair and balanced system of taxation that provides reliable and adequate funding of government functions and programs. Tennessee’s current reliance on consumer taxes, such as sales taxes, places a disproportionate burden on low-income households. Fiscal policies should not be mandated in a state constitution.

Voting “no” to this amendment will allow state and local governments to retain income-based options to modify their tax structure in ways that may be more fair and unique to their communities.  Voting “no” will allow continued public input on fiscal policy and allow future generations to consider this question. Voting “no” will reduce the likelihood of an increase in the sales tax or the enactment of a state property tax. Voting “no” retains the option to reduce sales tax, which would promote economic growth through increased consumer spending, and reduce loss of sales tax revenue to neighboring states with lower sales tax rates. Voting “no” will allow state and local communities flexibility to modify fiscal policies when circumstances warrant and the citizens approve. Voting “no” decreases the likelihood of budget shortfalls and cutting projects important to public safety, education, transportation, law enforcement, and more.

The League of Women Voters, a nonpartisan political organization, encourages informed and active participation in government, works to increase understanding of major public policy issues, and influences public policy through education and advocacy. The League neither supports nor opposes any candidate, party, or political appointee.

Mary Ann Reeves, Co-President

League of Women Voters of Oak Ridge

Pat Bryan, Co-President

League of Women Voters of Oak Ridge

Kim Lauth, President

League of Women Voters of Knoxville/Knox County