Stockard on the Stump: Bulso doubles down for first-cousin marriage

Republican Rep. Gino Bulso, despite being obsessed with hammering gay kids, went to the mat Thursday against a bill outlawing first-cousin marriage in Tennessee.

He lost the fight, even among a Republican Caucus that will go out of its way to kill all things Democrat, and the ramifications could be long-lasting. The final tally was 75-2, as Republican Rep. Monty Fritts of Kingston was the only one to join Bulso’s fray. (Fritts also carried the chemtrails bill.)

It was bad enough when the diminutive Bulso bragged in committee that his grandparents, who were first cousins, came to America from Italy, then had to move to Tennessee from Ohio so they could legally wed. Let me tell you: We’re not talking about Austro-Hungarian royalty that petered out because the family tree turned into a straight line.

But apparently, Bulso is bothered by the fact that he might not exist without incest. Thus, everyone else should just deal with it.

Rather than present half-hearted opposition to Nashville Democratic Rep. Darren Jernigan’s bill, Bulso took Obergefell v. Hodges, the case that led to same-sex marriage nationwide, and presented a lengthy argument complete with “eight by ten color glossy photos with circles and arrows” – OK, maybe I’m kidding about those – rambling forth that if the marriage of gay first cousins isn’t a public health concern, then it should be fine to marry your first cousin.

The first and second questions were: Why would anyone do that to themselves, especially with an election coming? The Democrat in this case can argue they’re the only anti-incest candidate on the ballot.

An attorney by trade, Bulso often spews garbage about court decisions as if he’s trying to persuade a judge to accept a technical argument. The problem is: In this case, he’s talking to the General Assembly, and they ain’t exactly judges.

“This body cannot cut off someone’s fundamental right to marry absent a compelling state interest,” Bulso said before members killed his amendment requiring first cousins to go through counseling before being married. He asked Jernigan to define the “compelling state interest” for preventing a male first cousin from marrying a male first cousin, which he contended presents no public health problem, since they can’t produce children.

At this point, this Lookout reporter in the House chamber nearly hurled into the nearest trash can. But for the sake of those nearby, he kept down the two bananas he had for breakfast. 

Jernigan responded that he wasn’t discriminating against any couples and told his attacker: “If you want, as your amendment suggested, first cousins to marry, that’s fine. I don’t think … it violates Obergefell at all.” 

In addition, Jernigan noted the matter is a point of interest because it’s “outlawed already,” including in Texas. 

This went on longer than expected, sort of like this column does. But it’s better than listening to dental equipment hum.

Rather than quote Obergefell, which Bulso described as a “grievously wrong decision,” he should have focused on Jerry Lee Lewis and the public fallout from his marriage to his 13-year-old first cousin once removed, which almost torpedoed his rock ‘n’ roll career.

The problem in Tennessee is that the gene pool can get a little thin in some areas. Thus, for the sake of branching out, some folks have to go out of county – sometimes three or four counties over – to add another line to the family tree.

Of course, the Legislature’s lemmings could barely force themselves to vote against Bulso’s amendment, even though he made the weirdest argument in House history. In addition to Bulso and Fritts, Republican Reps. John Ragan of Oak Ridge, Bryan Richey of Maryville and Kevin Raper of Cleveland voted against tabling his amendment. Nine more were present not voting, and 10 didn’t vote at all. Likewise, nine Republicans were present not voting and seven others didn’t vote at all on Jernigan’s bill.

We’ve all heard of the term “kissing cousins,” and Bulso might have been trying to show hypocrisy on the part of Democrats who, for once, want to limit marriage. But for the sake of a solid gene pool, that’s one we should kiss goodbye.

And if the vote totals weren’t overwhelming enough, Republican Rep. Elaine Davis of Knoxville proceeded to rub it in a little more when on the next bill, dealing with nursing, she noted, “I am not married to my first cousin. But I am married.”

Her comment led to the official House Chuckle of the Week, which is better than crying.

And one more thing: Jerry Lee Lewis was one weird dude. I heard him play in Memphis a few years ago when he was in his 80s. And Gino Bulso, sir, is no Jerry Lee.

Hoping for the Supreme Court

Republican Sen. Janice Bowling of Tullahoma might have tipped the GOP’s hand when she said this week a child rape/death penalty bill could be considered in the same “terms” of Roe v. Wade, the former law of the land that gave women the right to abortion.

With the atmosphere on the Supreme Court changing, the thought process about punishment for child rape could be changing, too, thus a move to make the offense punishable by the death penalty and, ultimately, rewrite the U.S. Constitution could be in the offing.

Under Kennedy v. Louisiana, putting people to death for child rape, even with aggravating circumstances, is illegal.

The Tennessee Legislature wants to push back on that ruling in its zeal to punish perpetrators of heinous crimes. And to be clear, there are fewer crimes more insidious. Under the current law, though, the death penalty takes on an “eye for an eye” approach that allows only first-degree murder to be punishable by execution. If you’re a death penalty supporter, that sounds fair.

But in the real world, death penalty cases linger for decades, forcing families to spend most of their lives testifying against defendants and convicts and following up on multiple hearings. 

These things last a lifetime, and opponents of the bill ferried through the Senate by Republican Caucus Chairman Ken Yager of Kingston argued that it would force young girls to rehash the sexual attacks against them over and over again. 

Republican Sen. Kerry Roberts of Springfield also argued that Tennessee’s child rape law is so broad it could lead to the death penalty in case a 7-year-old girl accuses someone of touching her inappropriately. According to debate, state law defines rape as illegal penetration. Ugh.

“On one hand, you can’t have an overzealous prosecutor seek the death penalty and inadvertently reaffirm Kennedy,” Roberts said. “And on the other hand, you can’t have a liberal prosecutor who would intentionally do it.”

It’s not clear whether prosecutors throw cases, but at least he had the guts to vote against the bill, which passed through the Republican-controlled body with ease.

Yager, who defeated an effort by Roberts to amend the bill, argued that by establishing aggravating circumstances in child rape cases, the Legislature would give prosecutors an extra “tool” to seek the death penalty. Such a move, he said, “would put us in compliance with Kennedy.”

Yager continued that lawmakers are “protecting children using a constitutional approach that would withstand constitutional scrutiny.”

Unfortunately, the Legislature’s recent track record on constitutional cases is weak, at best. 

And for a crime in which the victim knows the attacker about 80% of the time, and is often related, opponents argued such a move would push cases “into the shadows.”

Democratic Sen. Jeff Yarbro of Nashville pointed out that most of the time, the idea that something is “unconstitutional” would end debate. 

In Tennessee that’s not the case because our lawmakers – incorrectly – think they’re constitutional experts. And they listen to people only looking out for numero uno.

“Substitute for another guy”

Efforts to pass impact fee legislation fell on hard times this session, so county mayors kept pushing until they came up with another solution for fast-growing areas.

Under a bill approved Thursday in the House, Rutherford, Sumner, Maury, Montgomery and Trousdale counties – the state’s fastest growing – would have the option to push development taxes to $1.50 per square foot in an effort to offset the cost of growth, which doesn’t always initially pay for itself because of the upfront cost like more schools, police and road widening to deal with new residents. 

“There’s challenges with growth, and that’s what this addresses,” said Republican Rep. Tim Hicks, of Washington County, which is nowhere near Middle Tennessee.

It’ll give county commissions one more thing to argue about. But at least they’ll have one more option to raise revenue – until growth slows – and partially keep up with developers who won’t be satisfied until they bulldoze every blade of grass in the midstate.

Let the bickering begin

Filing deadline for state seats came and went without much ruckus, but Laura Nelson, the Republican running against Democratic Rep. Justin Jones of Nashville filed a challenge Thursday against his qualifying petition, claiming the 25 signatures don’t hold up.

The Davidson County Election Commission received the official challenge Thursday, Coordinator Jeff Roberts confirmed. 

One has to ask whether this move by Nelson’s election committee is frivolous.

“The challenge that we got, or the letter, is not specific,” Roberts said.

The election commission will have to talk to Nelson to see if she’s challenging all signatures or just specific ones that don’t match, he said.

The decision will go to the election commission, which could hear the matter May 3 or set a meeting earlier, according to Roberts, when both sides could present information.

Jones, who didn’t respond to questions through the House Democratic Caucus Thursday, managed to be expelled from the House last year when he and Democratic Rep. Justin J. Pearson of Memphis led a gun protest on the floor days after The Covenant School mass shooting.

This session? While he sparred with Republicans, skipped some meetings and irritated House Speaker Cameron Sexton of Crossville and others with personal barbs, he managed to remain a member. We’ve passed the over-under for how long he could go without suspension. But they still have about two weeks left, so there’s plenty of time.

Where do we go from here?

Word on the street (Good grief, that sounds like the late Larry Brinton) is that the House is going to hold floor sessions five days next week and, possibly, two days the following week so they can get the heck out of Dodge and go home to raise money for re-elections.

The Senate is further along. But leaders are going to have to hash out the budget, franchise tax break and private-school voucher bill over the weekend or we could be listening to this tripe until kingdom come.

“Put out the fire and don’t look past my shoulder / The exodus is here.” The Who

WRITER’S NOTE: In light of the impending sine die of this august body, an extra Stockard on the Stump will be published next Tuesday. We’re calling it The Son of Stump.