# Proposed debate of TN state senator: is his request for a retainer ethical?

**URL:** <https://boards.straightdope.com/t/proposed-debate-of-tn-state-senator-is-his-request-for-a-retainer-ethical/579293>\
**Category:** In My Humble Opinion\
**Created:** [April 21, 2011, 10:47pm UTC](https://boards.straightdope.com/t/proposed-debate-of-tn-state-senator-is-his-request-for-a-retainer-ethical/579293 "2011-04-21T22:47:30Z")\
**Posts on this page:** 12\
**Page:** 1

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**Author:** ![Sampiro](https://avatars.discourse-cdn.com/v4/letter/s/2acd7d/32.png) [@Sampiro](https://boards.straightdope.com/u/Sampiro)\
**Post date:** [April 21, 2011, 10:47pm UTC](https://boards.straightdope.com/t/proposed-debate-of-tn-state-senator-is-his-request-for-a-retainer-ethical/579293/1 "2011-04-21T22:47:30Z")

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Not sure if this is the right forum but I’ll leave it to the mods.

[Stacey Campfield](http://www.capitol.tn.gov/senate/members/s7.html) is a Republican state senator in Tennessee. He’s proposed several anti-gay bills throughout his career but most recently he has re-proposed what’s nicknamed the [Don’t Say Gay Bill](http://www.capitol.tn.gov/Bills/107/Bill/SB0049.pdf), which this being the ever and increasingly harder to defend Deep South has passed the senate. The bill in full ( **bolding** mine):

> [@](#):
>
> BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
> 
> SECTION 1. Tennessee Code Annotated, Section 49-6-1005, is amended by adding  
> the following as new subsection (c) and by relettering the existing subsection (c) accordingly:
> 
> (1) The general assembly recognizes the sensitivity of particular subjects  
> that are best explained and discussed in the home. Human sexuality is a  
> complex subject with societal, scientific, psychological, and historical  
> implications; those implications are best understood by children with sufficient  
> maturity to grasp their complexity.  
> (2) Notwithstanding any other law to the contrary, **no public elementary or  
> middle school shall provide any instruction or material that discusses sexual  
> orientation other than heterosexuality.**
> 
> SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring  
> it.

[Del Shores](http://www.delshores.net/) is an openly gay writer most famous for his play & screenplay for [Sordid Lives](http://www.imdb.com/title/tt0204640/) and for having been head writer on _Queer as Folk_ (U.S. version) and he has challenged Campfield to a public debate on the bill. Campfield’s response was that he would do so in exchange for a $1,000 retainer and expenses to the venue.

[A link to the Facebook page](http://www.facebook.com/notes/del-shores/del-shores-challenges-tennessee-senator-stacey-campfield-dont-say-gay-bill-to-de/10150215908617189) Shores has started with copies of their communication. Campfield writes like a not particularly bright 5th grader incidentally, which is hardly shocking.

So a question: is it legal and or ethical for a state senator to request $1,000 to debate a bill they sponsored?  
ALL DISCLAIMERS IN PLACE: nothing said here is to be interpreted as legal advice or relayed to the parties as such, yadda yadda.

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**Author:** ![Yllaria](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/yllaria/32/3452_2.png) [@Yllaria](https://boards.straightdope.com/u/Yllaria)\
**Post date:** [April 21, 2011, 11:07pm UTC](https://boards.straightdope.com/t/proposed-debate-of-tn-state-senator-is-his-request-for-a-retainer-ethical/579293/2 "2011-04-21T23:07:00Z")

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I’m guessing that it’s legal for him to charge for any speaking outside of his regular duties, but there’s probably a cap on the amount, to keep speaking fees from being a way to launder donations. And if that’s his standard speaking fee, it’s probably ethical, too. Kinda jerky, maybe, but ethical.

What I want to know is, if teachers can’t provide information about “sexual orientation other than heterosexuality”, does that mean that they can’t post a copy of the law in the classroom? I mean, it has “sexual orientation other than heterosexuality” right there in it.

The argument given in the law, by the way, applies to ANY information about sex. Any sex ed is balancing sensitive/complex/mature against how much will complete ignorance hurt folks whose parents are unwilling to talk or full of misinformation.

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**Author:** ![Typo\_Negative](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/typo_negative/32/484_2.png) [@Typo\_Negative](https://boards.straightdope.com/u/Typo_Negative)\
**Post date:** [April 21, 2011, 11:34pm UTC](https://boards.straightdope.com/t/proposed-debate-of-tn-state-senator-is-his-request-for-a-retainer-ethical/579293/3 "2011-04-21T23:34:27Z")

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Wouldn’t this travel be a justified business expense for his job? Couldn’t he claim it on his taxes?  
I quess I could see the expenses, but he could kiss my butt for the retainer.

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**Author:** ![Claire\_Beauchamp](https://avatars.discourse-cdn.com/v4/letter/c/ec9cab/32.png) [@Claire\_Beauchamp](https://boards.straightdope.com/u/Claire_Beauchamp)\
**Post date:** [April 22, 2011, 12:21am UTC](https://boards.straightdope.com/t/proposed-debate-of-tn-state-senator-is-his-request-for-a-retainer-ethical/579293/4 "2011-04-22T00:21:51Z")

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It’s in violation of the state senate’s ethics rules:

> [@](#):
>
> A public official should not receive anything of economic value or any compensation besides the official’s regular salary and benefits, other than as required or permitted by law or in the performance of his or her official duties, for any service which is significantly related to the duties, programs, or operations of the public official’s position.

In other words, he can’t be paid for talking about anything relating to him being a legislator.

[http://www.nashvillescene.com/pitw/archives/2011/04/20/stacey-campfields-pay-for-cant-say-gay-play-scandal](http://www.nashvillescene.com/pitw/archives/2011/04/20/stacey-campfields-pay-for-cant-say-gay-play-scandal)

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**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\
**Post date:** [April 22, 2011, 1:35am UTC](https://boards.straightdope.com/t/proposed-debate-of-tn-state-senator-is-his-request-for-a-retainer-ethical/579293/5 "2011-04-22T01:35:07Z")

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So, no teaching about self-pollinating flowers, or any form of asexual reproduction in plants or animals.

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**Author:** ![Sampiro](https://avatars.discourse-cdn.com/v4/letter/s/2acd7d/32.png) [@Sampiro](https://boards.straightdope.com/u/Sampiro)\
**Post date:** [April 22, 2011, 3:29am UTC](https://boards.straightdope.com/t/proposed-debate-of-tn-state-senator-is-his-request-for-a-retainer-ethical/579293/6 "2011-04-22T03:29:38Z")

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> [@Boyo\_Jim](#):
>
> So, no teaching about self-pollinating flowers, or any form of asexual reproduction in plants or animals.

That would also be sex outside of marriage. Plants and animals will not even consider abstinence.

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**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\
**Post date:** [April 22, 2011, 3:41am UTC](https://boards.straightdope.com/t/proposed-debate-of-tn-state-senator-is-his-request-for-a-retainer-ethical/579293/7 "2011-04-22T03:41:42Z")

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But even I’ve heard of animal husbandry.

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**Author:** ![Sampiro](https://avatars.discourse-cdn.com/v4/letter/s/2acd7d/32.png) [@Sampiro](https://boards.straightdope.com/u/Sampiro)\
**Post date:** [April 22, 2011, 5:15am UTC](https://boards.straightdope.com/t/proposed-debate-of-tn-state-senator-is-his-request-for-a-retainer-ethical/579293/8 "2011-04-22T05:15:45Z")

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I’ve heard of a fishwife, but never an fishhusband. Fish are evidently inclined to lesbianism.

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [April 22, 2011, 12:41pm UTC](https://boards.straightdope.com/t/proposed-debate-of-tn-state-senator-is-his-request-for-a-retainer-ethical/579293/9 "2011-04-22T12:41:14Z")

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> [@Claire\_Beauchamp](#):
>
> It’s in violation of the state senate’s ethics rules:
> 
> In other words, he can’t be paid for talking about anything relating to him being a legislator.
> 
> [http://www.nashvillescene.com/pitw/archives/2011/04/20/stacey-campfields-pay-for-cant-say-gay-play-scandal](http://www.nashvillescene.com/pitw/archives/2011/04/20/stacey-campfields-pay-for-cant-say-gay-play-scandal)

Your link says “may be.”

You say it definitively is.

Can you explain your reasoning in asserting this definitive conclusion? For example, I’m not sure that a debate that apparently is to include the Bible as well as this proposed law is “significantly related.” I note that footnote 8 in the ethics guidelines makes clear that this restriction derives directly from the first source: TN Senate Rules-85, Art. II, § 2(c)(1):

> [@](#):
>
> A Senator shall not accept any gratuity or compensation for performance of his legislative duties other than his official legislative salary and allowances…

It’s not at all clear to me that “legislative duties” include a debate of the wisdom of a proposed law (and the Bible!) outside the legislative chamber with a member of the public.

Of course, it might be. But without some sort of caselaw or opinion from the ethics officials, I can’t quite see how you get to the realm of absolute certainty.

Can you explain?

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**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\
**Post date:** [April 22, 2011, 1:11pm UTC](https://boards.straightdope.com/t/proposed-debate-of-tn-state-senator-is-his-request-for-a-retainer-ethical/579293/10 "2011-04-22T13:11:47Z")

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The fee feels questionable to me, but I guess it does not raise bribery concerns. He’s not being paid to vote a particular way on the matter.

What if the fee were paid to his campaign fund? Would it be as acceptable as any other campaign contribution?

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**Author:** ![Peremensoe](https://avatars.discourse-cdn.com/v4/letter/p/ce7236/32.png) [@Peremensoe](https://boards.straightdope.com/u/Peremensoe)\
**Post date:** [April 22, 2011, 1:19pm UTC](https://boards.straightdope.com/t/proposed-debate-of-tn-state-senator-is-his-request-for-a-retainer-ethical/579293/11 "2011-04-22T13:19:59Z")

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> [@Sampiro](#):
>
> Fish are evidently inclined to lesbianism.

And women are inclined to ride bicycles.

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**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\
**Post date:** [April 22, 2011, 1:29pm UTC](https://boards.straightdope.com/t/proposed-debate-of-tn-state-senator-is-his-request-for-a-retainer-ethical/579293/12 "2011-04-22T13:29:20Z")

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> [@Boyo\_Jim](#):
>
> So, no teaching about self-pollinating flowers, or any form of asexual reproduction in plants or animals.

That’s probably an argument that shouldn’t be made, because it’s easy to fix: add the word human.

And then, of course, the response would be to create a class about homosexuality in animals.
