Tennessee voters easily approved three constitutional amendments on Tuesday, sweeping changes to bail policy, state property tax limits, and victims’ rights into law as election returns crossed precincts across the state. With 65 percent of the vote counted on November 3, 2026, the trio of ballot measures passed by wide margins, carrying the backing of the state legislature where they originated.
Amendment 1, which expands the charges for which a judge can deny bail before trial, secured 66 percent of the vote. Amendment 2, enacting a constitutional ban on state property taxes, also drew 66 percent support. Amendment 3, a slate of victims’ rights measures known as Marsy’s Law, led the ballot with 75 percent of the vote.
Expanding Pretrial Detention Authority for Judges
The bail referendum was a priority for Republican legislative leaders, advancing through the 2024 and 2025 General Assembly sessions. Sponsored in the Senate by Senate Majority Leader Jack Johnson, the measure alters a state constitution that previously guaranteed bail to all people accused of a crime, except those charged with a capital offense.
Judges now possess the discretion—though not the requirement—to deny bail for individuals accused of specific violent and dangerous offenses. While the text of the amendment does not explicitly list every targeted crime, supporters pointed to charges such as acts of terrorism, second-degree murder, aggravated rape, grave torture, vehicular homicide, carjacking, and any offense requiring a convicted person to serve at least 85 percent of their sentence.
House Speaker Cameron Sexton defended the change during the legislative push, emphasizing the danger of releasing violent offenders. “There is hardly anything worse than someone being bailed out who is a violent criminal, with a violent past, only to find that they committed another violent crime and we have another victim,” Sexton said.
The measure also drew cross-aisle support from lawmakers like Antonio Parkinson, who pointed to violent crime in his district that he believes could have been prevented under expanded judicial discretion. Yet the amendment faced steady pushback from civil rights advocates.
“It’s likely to pass because it has scary words in it, but it will do nothing to keep us safe and probably result in incarceration rates continuing to go up in a place where crime is going down,” Josh Spickler, executive director of Just City, told the Banner.
Opponents, including the American Civil Liberties Union of Tennessee, argued that violent crime has been falling in Tennessee since the pandemic and that greater pretrial detention does not reliably prevent future offenses. The ACLU also noted that pretrial detention carries heavy collateral costs for the accused, potentially costing individuals their jobs, housing, family stability, and the resources needed to prepare a defense.
Amendments Secure Bipartisan Support with Permanent Property Tax Ban
While Amendment 1 divided lawmakers along ideological lines, Amendments 2 and 3 drew broad bipartisan support in the legislature, though progressive dissenters still raised objections. Amendment 2 enshrines in the state constitution a permanent ban on any future state-level property tax.
Although Tennessee does not currently levy a state property tax, leaving property taxation entirely to local governments, the amendment ensures the state cannot implement one down the road. Governor Bill Lee and Sexton championed the measure through the Yes on 2 coalition.
“Letting Tennesseans keep their hard-earned money is part of our identity,” the coalition stated on its campaign website. “Tennesseans should never fear that their homes, farms and businesses could be double-taxed, first by their local government, then again by their state government.”
Opponents countered that locking the door on a state property tax strips future lawmakers of a crucial fiscal tool should the state face an unforeseen economic crisis. Critics also questioned whether the mostly Republican legislature’s focus aligned with the broader needs of everyday residents rather than the business and wealthy classes.
Enshrining Marsy’s Law in the Constitution
Amendment 3 brings Tennessee into a national fold of states adopting Marsy’s Law, a victims’ rights campaign named after Marsalee “Marsy” Nicholas, who was murdered by her ex-boyfriend in 1983. Nicholas’s family was notably unaware when her killer was released on bail, prompting a decades-long legislative push across the country. Versions of the law have passed in 14 other states, though two have since repealed it.
The Tennessee version passed the House unanimously, expanding the rights of crime victims to a codified list of 13 specific guarantees. These 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, and the right to receive prompt notification regarding the release, transfer, or escape of the defendant.
Despite the overwhelming legislative vote, progressive lawmakers and organizations remained critical. State Sen. Jeff Yarbro voiced concerns over the financial and operational strain the new mandates would place on an already overtaxed court system, questioning the long-term cost of implementation. Opponents also noted that crime victims already held rights laid out in the Tennessee Constitution, making the new amendments an unnecessary and potentially burdensome duplication.
