Tennesseans will soon vote on three constitutional amendments regarding the right to bail, victims' rights and a permanent ban on any future state property tax.
With the legislative session expected to end this week, the Tennessee House of Representatives passed the amendments through three resolutions on Monday, with the amendments now set to be placed on the November 2026 gubernatorial ballot.
Right to Bail
A proposed amendment sponsored by Senate Majority Leader Jack Johnson (R-Franklin) would take away the right to bail for people charged with certain crimes. That passed both the House and Senate — but not without pushback by lawmakers from both parties.
If passed by voters in 2026, the amendment will allow judges to deny bail for certain offenses “when the proof is evident or the presumption is great.” Those offenses include acts of terrorism, second-degree murder, aggravated rape, grave torture, vehicular homicide and carjacking, among others that are not explicitly outlined in the text of the bill.
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Tennessee’s constitution currently states that all accused individuals have the right to bail, aside from those accused of committing a capital offense.
Supporters of the amendment say it would keep cities safer and prevent repeat offenses from criminals, while critics say it could cost the state more money and pose a threat to due process.
“I don't understand why it's so controversial,” House Speaker Cameron Sexton tells Scene sister publication the Nashville Post. “I think the public is very much in favor of this. ... Most people who are opposed to it are the bail bonds companies, which I understand. ... But at the end of the day, it's about protecting our citizens.”
Rep. Antonio Parkinson (D-Memphis) was one of several Democrats to vote for the amendment. Parkinson expressed his adamant support for the amendment, citing several violent crimes that occurred in his district, which he thinks could have been prevented if judges were allowed to deny bail.
“Everybody is sick of it, and it’s time that we do something about it,” Parkinson said. “It’s time that we stop coddling those individuals that are the most destructive to our communities.”
Opposing the amendment, Rep. Justin Pearson (D-Memphis) said giving judges discretion could make room for discrimination.
“Judges are imperfect people with their own biases as well that they bring into the courtroom,” Pearson said. “And there can again be a disproportionate harm on poor folks, a disproportionate harm on Black folks, on Latino folks.”
State Property Tax Ban
While Tennessee does not currently impose a state property tax, another proposed amendment would prohibit the state from instating one in the future.
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Proponents of the bill say this would prevent the state from imposing an extra tax on property owners who are already being taxed by their local governments. Opponents worry that eliminating the possibility of a state property tax could be an issue if the state needs an extra source of revenue.
“In our long history, we've never had one [state property tax],” Sexton tells the Post. “We've had recessions and depressions and inflation and others, and we've never really had to do one. So from that standpoint, looking at a historical basis, I think we should be fine without it.”
The proposal received bipartisan support in the House, though all no votes came from Democrats.
Victims' Rights
Marsy’s Law is a constitutional amendment that would clarify language in the state constitution to expand the rights of victims of crimes.
The amendment outlines 13 rights ensured to victims. Those include the right to be present and heard at all public criminal proceedings involving the accused, the right to be free from harassment or intimidation by the accused, and the right to be notified of the release, transfer or escape of the accused.
The amendment unanimously passed in the House on Monday, but received opposition from Senate Democrats in March who said they were worried about the unknown cost and burden on the court system.
Additional reporting by Nicolle S. Praino.
