Stand for Children Tennessee and the Official Black Lives Matter Memphis Chapter filed an amicus brief in support of a federal lawsuit contesting Tennessee’s recent law (HB1719/SB2565), which prohibits judges from considering a person’s financial circumstances and ability to pay when setting bail. This new law, co-sponsored by Rep. John Gillespie and Sen. Brent Taylor, undermines justice, threatens our constitutional rights, and dismantles Shelby County’s hard-fought bail reforms.
Why This Matters: A Return to Wealth-Based Injustice
The Standing Bail Order (SBO), passed in 2022, was the result of a coalition effort that included Stand for Children, Official Black Lives Matter Memphis, the ACLU-TN, and other community partners. The SBO transformed Shelby County’s bail system by introducing fairer, more streamlined, individualized hearings that required judges to consider a person’s ability to pay. Under the SBO, people awaiting trial were less likely to be held simply because they couldn’t afford bail.
Despite these gains, Tennessee lawmakers enacted HB1719/SB2565 in 2024, effectively rolling back Shelby County’s progress and reintroducing a wealth-based detention system. This law now bars judges from considering a person’s ability to pay when setting bail, creating an unjust system where the wealthy can buy their freedom while low-income individuals are left in prolonged, often unnecessary detention.
Standing for Constitutional Rights
This new law is more than an unfortunate policy shift—it’s unconstitutional. By prohibiting consideration of financial circumstances, the law mandates a form of wealth-based detention that violates the Fourteenth Amendment’s equal protection and due process clauses. When we refuse to consider a person’s ability to pay when determining pretrial freedom, we have no way of knowing what is or is not affordable. Essentially, this means we create two systems of justice: one for the wealthy and another for everyone else.
Our amicus brief, filed with the Official Black Lives Matter Memphis Chapter, describes the devastating impact this law is already having on Tennesseans, particularly low-income and Black residents in Shelby County. From overcrowded and unsafe jail conditions to prolonged detention for minor, nonviolent charges before bail is even set, this law’s consequences are both severe and unjust. Every person, regardless of income, deserves equal treatment under the law, and our brief underscores how the Taylor/Gillespie law fails to uphold this basic principle.
What’s Next
With the lawsuit moving forward, we remain committed to advocating for a fair and constitutional justice system that serves all Tennesseans. As we await the court’s decision, Stand for Children and Official Black Lives Matter Memphis strongly maintain that effective, evidence-based reforms like the Standing Bail Order are key to building a safer and more just future.
We are proud to support this lawsuit and stand in solidarity with those affected by this harmful law. We urge community members, advocates, and lawmakers to join us in opposing fear-based policies that disregard our constitutional rights and perpetuate unjust practices.
Together, we will continue to fight for a Tennessee where safety, justice, and opportunity are available to all.
Read the full press release describing our amicus brief below.
