(Image source: TPMMuckraker)

BY ANTHONY MARTINEZ

Some are calling it the ‘license to bully’ bill.  A proposed Tennessee bill is facing some heavy criticism for creating what some believe are loopholes in the state’s current anti-bullying laws for students. The bill states…

“This bill clarifies that the policy may not be construed or interpreted to infringe upon the First Amendment rights of students and may not prohibit their expression of religious, philosophical, or political views as long as such expression does not include a threat of physical harm to a student or of damage to a student's property”

LGBT activists are calling attention to the death of Jacob Rogers in December, who took his own life after friends say he heard years of anti-gay remarks at high school in Ashland City, Tennessee. CNN reports -- critics fear the bill will create a loophole for anti-gay bullying.
 

“…opponents say it will create an dangerous exemption that allows those who condemn homosexuality to openly harass gay students strictly because of their religious views without punishment -- so long as they don’t actually harm them.”

The bill picked up speed after the Family Action Council of Tennessee (FACT) claimed passing this bill was their highest priority. The Times Free Press spoke with former GOP state senator and current president of FACT, David Fowler, who gave his thoughts on the controversy.

In an interview, Fowler said, “...the purpose is to stop bullying, not create special classes of people who are more important than others… [adding] ...the purpose of bullying statutes is to prevent persons or the property being harmed -- not their mere sensibilities of being offended. That’s where common sense has to rein."

But Michigan Senate Democratic Leader Gretchen Whitmer says “been there, done that”. Whitmer urges the Tennessee House and Senate to stop the bill while they’re ahead.

“It’s ludicrous. And you know why I know it’s ludicrous? Because we had the same debate here in Michigan and my colleagues became the laughing stocks of the nation when they proposed that. Don’t let Tennessee protect bullies. We need to protect victims.”

That Michigan bill passed in November, but lost its “license to bully” clause. The Tennessee bill must survive debate in the state legislature, and if passed would take effect July 1, 2012.