Tennessee joins Florida to become the second state to authorize the death penalty for child rapists.
GOP state Rep. William Lamberth sponsored the measure that calls for the death penalty, imprisonment for life without the possibility of parole, or life imprisonment for adults convicted of aggravated rape of a child.
Last year, Florida Republican Gov. Ron DeSantis signed a similar bill allowing capital punishment when an adult is convicted of raping a child under the age of 12.
In December, state prosecutors announced that they were seeking the death penalty for a man accused of committing sexual battery of a child under 12. The case was considered the first since the law took effect in October.
Earlier this year, Idaho’s Republican-controlled House approved a similar measure, but the legislation never made it out of the GOP-dominated Senate.
The Tennessee bill received pushback from Democrats, who argued that the bill was unconstitutional.
Justice Samuel Alito wrote in his dissenting opinion that “neither Congress nor juries have done anything that can plausibly be interpreted as evidencing the ‘national consensus’ that the court perceives.”
Supporters of the death penalty for child rape say they hope the Supreme Court will reverse its earlier decision.
“Maybe the atmosphere is different on the Supreme Court,” said Tennessee Republican state Sen. Janice Bowling in April while debating in favor of the bill. “We’re simply challenging a ruling.”
But the governor told reporters that he did not sign the bill in hopes that it would be tested; rather, he signed it because crimes against children are “some of the most heinous that there are.”
Some lawmakers said they fear the law will instill more fear into child rape victims, especially when it involves a family member.
They argued that children could believe they are responsible for the execution of the predator, which may prevent them from speaking out.
Others allege the measure could incentivize predators to kill their victims.