Tennessee Governor Bill Lee has signed a new law permitting the death penalty for those convicted of child rape, a measure promoted by the Republican-majority Statehouse despite concerns about a U.S. Supreme Court ban on such punishments.

Governor Lee, a Republican, quietly approved the legislation in May without making a public statement. The law, effective July 1, allows the state to seek capital punishment for adults convicted of the aggravated rape of a child. Offenders may face the death penalty, life imprisonment without parole, or life imprisonment.

Similarly, Florida Governor Ron DeSantis signed a comparable bill about a year ago. In December, Lake County prosecutors in Florida announced they were seeking the death penalty for a man accused of sexually assaulting a minor under twelve, marking the first case under the new law according to the Death Penalty Information Center.

In Idaho, the Republican-controlled House passed a similar bill earlier this year, but it stalled in the Senate, also dominated by Republicans.

Supporters of Tennessee’s law acknowledge that although the state previously permitted the death penalty for child rapists, the U.S. Supreme Court’s 2008 decision declared such punishment unconstitutional for child sexual assault cases. They are hopeful the current conservative-leaning Supreme Court might overturn that ruling, citing the long-term efforts that led to the reversal of Roe v. Wade in 2022.

Republican Senator Janice Bowling expressed hope during a debate that the Supreme Court might reconsider its stance, suggesting a different judicial atmosphere. Lee, however, emphasized that he did not sign the bill to provoke a court challenge but because he views crimes against children as particularly egregious.

Democratic legislators and child advocates have raised concerns that the law could deter victims from reporting abuse, especially when the abuser is a family member or close friend. They also worry that perpetrators might kill their victims to avoid severe punishment.

Historically, U.S. law has restricted the death penalty to crimes involving a victim’s death or treason. The Supreme Court has long held that execution is disproportionate for sexual assault, reaffirming this in the 2008 child rape case.

Currently, executions in Tennessee are suspended as the state reviews its lethal injection protocol following a critical 2022 report on execution procedures. No timeline has been set for completing these changes.