Commentary

In our blog, read about the political and cultural issues affecting Tennesseans written from a conservative perspective. Commentaries are typically written by David Fowler, an attorney who served in the Tennessee state Senate for 12 years before joining FACT as President.

DOJ’s Lawsuit Against Tennessee Transgender Law Is Worse Than You Think

DOJ’s Lawsuit Against Tennessee Transgender Law Is Worse Than You Think

May 4, 2023

Last week the U.S. Department of Justice sued the state of Tennessee over its new law regarding “gender affirming care” for minors on the ground that it violates the Fourteenth Amendment’s Equal Protection Clause. Its legal theory r...
Why the Special Session Is Not Likely to be Special

Why the Special Session Is Not Likely to be Special

Apr 26, 2023 by David Fowler

Last week’s commentary—highly applicable to the anticipated special session on access to guns—generated a helpful comment from dear friend: “I’ve read this latest piece and am sharing it on Facebook. But I hope you wil...
What Gun Control and Anti-Transgenderism Laws Have in Common

What Gun Control and Anti-Transgenderism Laws Have in Common

Apr 18, 2023 by David Fowler

I have come to believe that the clamor for more gun control laws and the push for laws suppressing drag shows and transgender procedures for minors share a certain worldview. That worldview, one I shared and operated under for two decades, explains w...
Drag Shows Are Not Protected Free Speech

Drag Shows Are Not Protected Free Speech

Apr 14, 2023 by David Fowler

I have watched with great interest and a bit of amusement the controversy over drag queen shows, first in some of our cities and more recently in our state legislature. A federal district court has already prevented enforcement of the new state law r...
A Terrible Monday Meets A Terrible Friday

A Terrible Monday Meets A Terrible Friday

Apr 7, 2023 by David Fowler

The shooting that took place last Monday at Covenant School was terrible on multiple levels. In response, boisterous crowds gathered at the Capitol to demand gun control. Ted Cruz wanted to know if the FBI was going to label the shooting a hate crime...
Please, Rev. Graham, Don’t “Agree 100%” with Richard Dawkins

Please, Rev. Graham, Don’t “Agree 100%” with Richard Dawkins

Mar 31, 2023 by David Fowler

Last week Richard Dawkins, an avowed atheist and evolutionary scientist, said “there are two sexes, and that’s all there is to it” and that those going after Harry Potter author, J.K. Rowling, over gender identity were &ld...
What Is Political Conservatism and Is It Worth Conserving?

What Is Political Conservatism and Is It Worth Conserving?

Mar 24, 2023 by David Fowler

This week the confluence of three things caused me to ask the question posed in the heading. Based on my evaluation of the conservatism that appears to have been expressed by the state Senate this week in relation to a major controversy, my answer is...
Making a “Hash” Out of Law and the U.S. Constitution

Making a “Hash” Out of Law and the U.S. Constitution

Mar 16, 2023 by David Fowler

Most lawyers in America need a “remedial legal education” according to a legal scholar with whom I’ve been working in recent years. His point was proved by remarks made last week on the Tennessee House floor by a Republican Represen...
It’s “Brass Tacks” Time in the Tennessee on Sex and Gender 

It’s “Brass Tacks” Time in the Tennessee on Sex and Gender 

Mar 10, 2023 by David Fowler

Last week the Tennessee legislature sent legislation to the governor allowing persons to sue health care providers for civil damages resulting from medical treatments administered for the purpose of gender transition. This week the sex-gender issue r...
How Can the Law Best Address Gender Confusion Among Minors?

How Can the Law Best Address Gender Confusion Among Minors?

Mar 3, 2023 by David Fowler

Last week the Tennessee House debated House Bill 1 addressing medical treatments provided to minors with gender dysphoria. Representative Bud Hulsey made perhaps the most significant statement I have heard on the House Floor in my 28 years at the sta...

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