NASHVILLE, Tenn. (WKRN) — In a rare move, Tennessee Attorney General Jonathan Skrmetti won't defend a new law in court that makes it a felony for elected officials to vote in favor of sanctuary city policies.

The law, which passed during the special legislative session in January, drew criticism from some on both sides of the aisle.

"This seems like a First Amendment kind of issue," Sen. Heidi Campbell (D-Nashville) said during a committee hearing on the bill. "This seems like a free speech kind of issue."

One Republican expressed concern over the standard it could establish.

"If we set the precedent of penalizing any elected official for voting their conscience, whether it's good or bad ... then we've set a dangerous precedent for the future," Sen. Todd Gardenhire (R-Chattanooga) said.

The American Civil Liberties Union sued the state over the legislation on behalf of seven members of Metro Council. They argued the law violates the First and Fourteenth Amendments — and the speech and debate clause, which gives legislators immunity when doing their jobs.

“This cuts severely into those immunities for local legislators who could face now criminal liability, not just civil liability, but criminal liability for what they do in their role as legislators, and that totally inhibits their ability to do their jobs and what they were elected to do," Stella Yarbrough, legal director for the ACLU of Tennessee, told News 2 in June.

In the lawsuit, the ACLU called the legislation the "first known instance in American history where a state has imposed felony liability on local officials," for voting a certain way.

“We shouldn't live in a world where governments can imprison people for dissenting," Yarbrough said in June.

Skrmetti appears to be in agreement. The Tennessee Attorney General's office issued News 2 the following statement:

“The law is clear: sanctuary cities are illegal in Tennessee. But in response to a recent lawsuit, our office has determined we cannot defend provisions of a new law that punish local officials for voting for sanctuary policies.

The Constitution provides absolute immunity for all legislative votes, whether at the federal, state, or local levels.

Regardless of these challenged sections, Tennessee law continues to make it illegal for cities and counties to enact sanctuary laws. Any sanctuary cities will lose state funding until they comply with the law.”

The bill's sponsor, House Majority Leader William Lamberth (R-Portland) said he respects the Attorney General's decision in the following statement sent to News 2:

"I have full confidence in the Attorney General’s office to carefully evaluate how the laws we pass will stand up in court.  On this particular issue, he has concluded that success is unlikely and I respect his analysis. Republicans will never allow Nashville or any city in our state to break our laws, undermine national security or endanger the well-being of Tennesseans by becoming a sanctuary for criminals. Should any local governing body pursue such policies, we will take decisive action to hold them accountable through other avenues."

News 2 also reached out to the ACLU for a statement regarding the AG's decision.

News Source : https://www.wkrn.com/news/tennessee-politics/tn-ag-wont-defend-sanctuary-city-policy-voting-legislation/