A look back at the Tennessee Three expulsion votes: Here's why lawmakers did it. | Opinion

Editor’s note: Rep. Sabi Kumar, R-Springfield, serves in the Tennessee General Assembly. He voted to expel the “Tennessee Three” – Democratic Reps. Justin Jones, Gloria Johnson and Justin Pearson on April 6. The House ousted Jones and Pearson (who later returned as interim representatives) and Johnson survived the removal by one vote. Kumar explains why he voted the way he did in this essay. This is a look back at the decision.

“Tennessee state Rep. Kumar on expelled lawmakers: ‘They are speaking out of order’” was the headline on ABC national news, implying that it was reason enough for expulsion of two legislators from the Tennessee House of Representatives!

There is more to it than that!

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Why Republican lawmakers found the trio problematic

The “Tennessee Three” have constantly indulged in antagonism, insults and disruption of legislative functions. A cycle has emerged whereby they insult sincere, kind lawmakers, apologize, re-offend and re-apologize.

Slurs such as “racist,” “fascist,” “white supremacist” are hurtful, and not conducive to civil discourse.

They orate in long, unrelated social cause speeches during the time that is meant to honor Tennesseans who have passed away, to celebrate achievers in arts and sports and for special guests. These speeches are often not relevant to legislative matters at hand. They disrupt Committee proceedings, combat the chair and complain of their “voice being silenced,” while monopolizing the time, of which every member has the same privilege.

A roll call vote is answered not as yes, no or present, but as “Hell, No, this is a state where babies have babies …” and a speech on matters irrelevant to the topic.

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The Covenant School tragedy preceded the vote

On March 27, the shooting occurred The Covenant School with loss of six innocent lives and the shooter. The event shocked the Nashville community and our state.

Gov. Bill Lee acted quickly to protect our schools and children by allocating $140 million towards safety of all schools. Tragedy like this affects all hearts and minds. We struggle, privately and in public, about what we could do and should do.

Considering the prevalent public shootings in our country, if solutions were easy, those would have been implemented after Columbine, Sandy Hook, Parkland, Uvalde and others.

Just last year, the federal government failed to pass meaningful measures in the bipartisan Safer Communities Act.

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Protesting at the podium was the final straw

On the morning of March 30, we were still processing our thoughts about public safety. There was significant presence of demonstrators advocating gun control.

After the recent shooting, I was concerned about safety of hundreds of children bussed to our Capitol without security.

In the middle of the session, these three representatives moved aggressively to the podium in the House Chamber, banged the podium and incited galleries to unruliness, noise and chaos.

Speaker Cameron Sexton, unable to control the proceedings, declared recess for safety of the members and staff. Minority Leader Karen Camper angrily pushed and hustled these representatives to a side room. Later, we re-convened and finished the business of the day amid a sense of shock and concern.

By this action, the Tennessee Three became famous but took attention away from the Nashville Tragedy and made it about themselves. The community needed time to mourn and to heal. We needed to join and work together towards solutions.

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Anything less than expulsion would not have made a dent

Legislatures function by strict rules and decorum. That structure had been broken in the Tennessee people’s House. These three members took the House hostage. We had a responsibility to protect democracy in our free state, restore function and dignity of the people’s House and assure safety of members and staff.

The Tennessee Constitution Article II Section 12 reads, “Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.”

Options were considered seriously. Innumerable requests, warnings, “out of order” gavels and committee adjustments had been previously applied, to no avail. Censure was unlikely to impress them. Suspension was considered. We wondered what the consequences would be if their actions had occurred in the U.S. Capitol.

Most members felt that unprecedented actions deserve unprecedented consequences. Expulsion was voted as necessary, with awareness that re-appointment was likely.

Why complaints on stifling free speech and race do not hold water

It is disingenuous of these representatives to claim that they were acting to “protect or restore democracy.” Taking the seat of democracy hostage is no way to do that!

Prior to his election as a state representative, Justin Jones was banned from the Tennessee Capitol in 2019, for assault, when he threw a drink at an elevator full of legislators.

Yet, he was welcomed to the Legislature upon his election in 2022. That is democracy in Tennessee.

It is equally disingenuous to claim that they were exercising their First Amendment Right to free speech. Their First Amendment Rights do not supersede those of others. By taking over the House, they stifled all other voices. They claim to collectively represent over 200,000 Tennesseans but they have not done so. They have only protested and demonstrated.

It is hypocritical of Representative Jones to call me a “brown face” (on video) while claiming to fight racism.

It is hypocritical of Representative Johnson to claim racism as the reason that she, being white, was not expelled. She received 65 (of the 66 votes needed) to expel her. She escaped by one vote because two members had to leave due to health and family needs. Racism played no role.

To use the race card while claiming to fight racism is dishonest.

Democrats in national office took political advantage of the expulsions

I am disheartened to see that our national leaders exploited this tragedy.

Vice-President Kamala Harris hurried to Nashville to honor the “Tennessee Three” but did not visit the Covenant Community to express sympathy and pay homage.

President Biden called Tennessee’s legislative actions, “Shocking, undemocratic, and without precedent.” Presidential pronouncements matter! Taking hostage of the seat of our democracy should not be endorsed.

President Obama, a constitutional law professor, weighed in by calling the expulsions to be “a broader erosion of civility and democratic norms.” Is it civility and a democratic norm to take over an elected House of Representatives in the United States?

These leaders chose to ignore the racist slur by Representative Jones towards me.

Lesson: Make the transition from protester to legislator

Tennessee Constitution requires that a vacant seat in the Legislature be filled with interim appointment by local municipality. It is a prudent path that places trust in local government. The framers of the Constitution did not expect that the provision will be used to over-ride the will of the Legislature.

Renomination of these representatives by local municipalities is akin to the military issuing a dishonorable discharge and the recruiter re-enlisting the same person! The Legislature being committed to respect the law, these two representatives have been reseated.

It is my hope and prayer that lessons have been learned. I hope now that these representatives have returned that they will serve and represent their constituents, transition from being protestors to being representatives of the people who elected them.

The “Tennessee Three” are bright and intelligent. Their voices matter. Justice Ruth Bader Ginsburg said, “Fight for the things that you care about, but do so in a way that will lead others to join you.” So, help us God!

State Rep. Sabi “Doc” Kumar, M.D., represents District 66, Robertson County in the Tennessee House of Representatives.

This article originally appeared on Nashville Tennessean: Tennessee Three: A look back at why we lawmakers voted to expel them