Tennessee Republicans at odds on how far to go in pushing 'obscene' books legislation

Rep. Scott Cepicky, R-Culleoka (Photo: John Partipilo / Tennessee Lookout)
Rep. Scott Cepicky, R-Culleoka (Photo: John Partipilo / Tennessee Lookout)

NASHVILLE - A full-fledged battle over what books and other materials should be available to students in Tennessee public school libraries is underway in the General Assembly as some Republican lawmakers push for new oversight and easier ways for parents and others to challenge materials that conservative critics charge are age-inappropriate and sometimes obscene or pornographic.

The House Criminal Justice Subcommittee was ground zero for much of the debate both last week and this week, with conservative celebrities, pastors and at least one aspiring politician demanding more oversight and outright bans of material on one of three measures addressing school libraries, House Bill 1944, sponsored by Rep. Scott Cepicky, R-Culleoka.

The push in the Republican-dominated General Assembly comes in a conservative state where in January the McMinn County school board voted to remove "Maus," a Pulitzer Prize-winning graphic novel about the Holocaust, written by Art Spiegelman. It also comes as conservative lawmakers express discomfort with LGBTQ content, critical race theory and other topics.

In the House subcommittee, among those testifying last week was country music singer and songwriter John Rich of Big & Rich, whose hits include "Save a Horse (Ride a Cowboy)." He charged in the panel last week that libraries are allowing in books and other material that "groom" or sexualize school children much as a sexual predator would.

"What's the difference between a teacher, an educator or a librarian putting one of these books on the desk of a student or a guy in a white van pulling up at the edge of school when school lets out and saying, 'Come on around kids, let me read you this book and show you these pictures?'" Rich said.

That drew criticism from Rep. G.A. Hardaway, D-Memphis.

"I am offended when librarians are compared to sex predators," Hardaway said.

Debate continued into this week with a sometimes tearful Victoria Jackson, a former "Saturday Night Live" cast member, appeared before the Criminal Justice Subcommittee.

"I thought this was the Bible Belt, and I soon found out there was pornography, obscenity and profanity in our school libraries and some textbooks," said Jackson, who lives in Williamson County. "And I thought, why would that be, in the Bible Belt?"

After quoting several Bible verses, she said she concluded there were two reasons.

"One is, we're in a spiritual battle," she said. "And No. 2, the Communist Party USA, their goals are happening."

Others testifying included Robby Starbuck, a Republican congressional candidate, and his wife. They and others took aim at books dealing with sex, LGBTQ issues and race, including "Me and Earl and the Dying Girl," which is about a teenage boy and another student who befriend a dying girl, and Nobel Laureate Toni Morrison's "The Bluest Eye," which is a story about a Black girl growing up in the Great Depression.

Among those testifying against the bill was Sharon Edwards, president of the Tennessee Library Association.

"If the intent behind HB 1944 is to keep obscenity out of the hands of minors, then our current Tennessee code and the sound professional judgment of our school libraries and school boards are already doing this," Edwards said.

She noted the American Civil Liberties Union of Tennessee already plans to sue McMinn County over the "Maus" ban, and Bedford County may be facing a similar lawsuit. The legislation is "government overreach" and "nothing less than micromanaging," Edwards told the panel.

Also testifying was Williamson County resident Andrew Maraniss, best known for his book about Perry Wallace, a Vanderbilt University student who became the first Black basketball player in the Southeastern Conference.

"I don't think it's any coincidence that this push to ban books and criminalize teachers and librarians is coming in response to the diversity of books published for young readers, increased diversity of subject matters and the authors themselves," Maraniss said.

He criticized Republicans on that and other issues.

"Talk about being on the wrong side of history," he said.

Rep. Jerry Sexton, a Bean Station Republican businessman and pastor who has fought unsuccessfully for years to make the Bible the state's official book, responded to the librarians.

"I don't appreciate what's going in our libraries, what's being put in front of our children," Sexton said, "and shame on you for putting it there."

In response to statements by Sexton, Jennifer Hamblin, a former Cheatham County school board member - who supports Cepicky's bill- said a Lawrence County mother had contacted her about one book, saying it had a cover stating "parental advisory: explicit content."

"So they're going to teach her daughter how to masturbate and what she should do, how it should make her feel. What to do if she decides she'd like to do it with a girl or would she like to do it with a boy. What they would like to do. And then, making love homosexuality style.

"This is not a religious affiliation issue, it's not a political issue, it's not a racial issue, it's not a I-don't-care-what-you-do-behind-closed-doors issue. It's a commonsense issue. And it breaks the law. And the only law we should be concerned about first is not what our voters think, not what anyone else thinks, not what people who have different opinions think. Our nation was founded under God for a reason.

"And it's not to send our children off to school to be groomed to decide in third grade, do I want a boy or a girl."

House Judiciary Committee chair Michael Curcio, R-Dickson, predicted that HB 1944 would likely be successfully challenged in court if enacted into law, but Cepicky disagreed.

"I've had the highest legal minds look at this," Cepicky responded Wednesday.

Republican Gov. Bill Lee, meanwhile, has his own measure, Senate Bill 2407/House Bill 2154.

Dubbed the "Age-Appropriate Materials Act of 2022," it requires each public school to publish on its website its library's full list of books, magazines, newspapers, films and other materials with an eye toward what is "appropriate for the age and maturity levels" of students consistent with a school's educational mission.

It also tasks local boards of education or public charter schools to seek and evaluate feedback from students, parents or employees regarding the material and sets up a procedure to periodically review materials "appropriate for the age and maturity levels" of students.

Lee's bill passed the Senate last month along partisan lines. It has yet to move in the House.

Meanwhile, House Speaker Cameron Sexton, R-Crossville, and Senate Education Committee chair Jon Lundberg, R-Kingsport, have their own bill that opens up the same code. Sexton's bill comes up next week.

Efforts by proponents of Cepicky's bill to compare what school libraries are providing to students to sexual predators has some Republicans uncomfortable.

"To try to shore up your argument by just having a generic statement? Shame on them," said Rep. Jeremy Faison, chair of the Republican House Caucus. "If you have to prove your argument by attacking a group of people, then your arguments are invalid."

Senate Minority Leader Jeff Yarbro, a Democrat from Nashville, said it was embarrassing to make any comparisons of school librarians to sexual predators.

"It's disgusting. It should be beneath us. It shouldn't be who we are," said Yarbro, who also criticized Lee for bringing his own bill.

Contact Andy Sher at asher@timesfreepress.com or 615-255-0550. Follow him on Twitter @AndySher1.

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