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The Behn Factor · Mar 8, 2026

How Do I Live, Laugh, Legislate Under Fascism?

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Dark times in Tennessee, but I continue to chronicle the descent. My March newsletter features an East Nashville town hall and legislative recap videos to catch up on the chaos!

A few weeks ago, I was sitting in my legislative office with the Nashville Realtors for their Lobby Day, discussing the need for affordable housing, when the conversation veered towards recourse for tenants who had been discriminated against by their landlords. One of the attendees perked up and said, confidently, “Well, there is always the Tennessee Human Rights Commission!!!”

"WELP, the General Assembly dissolved that last year, so…”

As of June 30, 2025, the Tennessee Human Rights Commission—an independent, nonpartisan agency that had existed since 1963—was gone, sacrificed at the altar of overreach. For more than sixty years, it served as the primary vehicle for enforcing civil rights protections in this state. It was also the only independent body where Tennesseans, especially those with little power, could bring discrimination claims against the state itself. The Legislature pretended to stuff it into our Attorney General’s office, of which is administered by a shorter, less commanding version of A. Mitchell Palmer. He probably also convinced himself the commies were cosplaying as the Commission’s attorneys, but I digress…

What you need to understand is that a core feature of fascist systems is the elimination or absorption of independent institutions into the state apparatus controlled by the ruling party. Between 1933 and 1934, the Nazis under “Gleichschaltung” absorbed civil institutions, replacing them with Nazi-controlled entities or dissolving them entirely. Hmmm mmmm…

Earlier this year, I had the privilege of attending a political conference in the trendy, bone-chilling Berlin, where organizers and politicians discussed how to defend democratic institutions against the ongoing and concurrent authoritarian movements. (FINGERS CROSSED HUNGARY!!!! DOWN WITH ORBÁN APRIL 12TH!!!!) I had the privilege of presenting on how the affordability agenda can drive a wedge in the authoritarian coalition, having earned the esteemed speaking gig after my consequential congressional run, which made Trump and his PAC tremble. (Trump’s political command even confirmed this a few weeks ago.) Throughout the weekend, I piecemealed the chronology of the past decade in Tennessee, and with each revelation, my German counterparts were stunned.

Guys, it’s not a great place to be when the Germans are horrified.

I also explained that the state of Tennessee handed over property to Elon Musk to build a privatized tunnel through Tennessee limestone. I cringe every time I remember the fade of their laughs to silence as they realized I wasn’t kidding.

I’ve been struggling this year more than usual. Anyone within six feet of me has heard me respond to the question of “How are YOU doing?” with “darkness, my legislative friend…” or my personal favorite, which I, regretfully, dropped in the elevator of fourth graders last week, “It’s frothing fascism, kids, be safe out there.” …not my best moment, but we live to tell the tale. But what is realllllllllly bothering me is the endless circulation of conversations, meals, meetings, events, breakfasts during which no one is breaking character, continuing to move through their days as if everything is normal, when it is not.

Cue my mom’s podcast, Red State Blue Mom. My mom doesn’t get enough credit for her thoughtful research and writing for her podcast, all without ChatGPT, I might add. Her recent episode provides a grounding for our current moment. She argues that what we are experiencing in Tennessee has the hallmarks of fascism, if not, is fascism.

In the episode, she highlights the German political theorist Ernst Fraenkel, a Jewish lawyer who fled Nazi Germany and wrote The Dual State in 1941. Fraenkel observed the Nazis’ ascendance and attempted to make sense of the same duality I’m observing right now. The Nazis were experts at co-opting institutions, seamlessly blending them into their ideological war while fulfilling the administrative needs of the state. The Germans filed taxes, renewed their licenses, went to school, read Völkischer Beobachter, all while the machinery of persecution quietly integrated itself into the timeless German bureaucracy. The Nazis didn’t replace everyday life; they just embedded themselves into every pore of it.

Prior to the Nazis, Germany was actually one of the most advanced places in the world for research on gender and sexuality. Berlin’s Institute for Sexual Science, founded by physician Magnus Hirschfeld, provided counseling, research, and some of the first documented gender-affirming medical care. Hitler’s first cultural attacks were against this Institute. In May 1933, the Nazis burned the institute’s library, forced its staff into exile, and ended all gender-affirming care. Within months, they revoked legal protections, tracked and monitored transgender individuals, confiscated legal documents such as licenses and passports, and eventually, arrested them. Trans Germans were some of the first victims in the Dachau concentration camp, often marked with the pink triangle.

For decades, Tennessee quietly hosted one of the most respected gender clinics in the country at Vanderbilt University Medical Center, where physicians provided gender-affirming care, conducted research, and treated patients as they would in any other medical specialty. Then politics intervened. In 2023, the legislature banned gender-affirming care for minors and unleashed intense scrutiny of Vanderbilt’s program. At the request of the Attorney General, and without legal resistance from Vanderbilt, the medical center turned over the healthcare data of transgender Tennesseans enrolled in Medicaid. Since then, the legislature has continued targeting transgender residents, criminalizing their visibility in public life and weaponizing the administrative state against them. Under mounting political pressure, Vanderbilt recently announced it will no longer provide gender-affirming care to adults—eliminating one of the last regional medical facilities in the South offering this care.

Well, here’s what is NOT normal and is happening right now:

  • Expanding the scope and power of the Tennessee Attorney General, who is now politically auditing non-profits he personally disagrees with

  • Creating a secret police force under the Department of Homeland Safety that reports to the Commissioner, a political appointee of the Governor, and is immune from public oversight

  • Forcing mandatory tracking and reporting of immigration status by state and local governments, hospitals, and schools, and also pushing a bill to criminally prosecute those who do not report within a certain number of days

  • Weakening collective bargaining and representation for Tennessee state employees, including eliminating independent appeals by abolishing the Board of Appeals

I understand why so many are unbothered by the current state of affairs. Most Tennesseans are just trying to survive, working two to three jobs, with no extra time to care because desperation and poverty are a gnawing state of being. For the rest of you, you have a decision to make…. which list do you want to be on? The state’s ongoing and growing lists of activists, organizers, and dissidents? Or mine? Because when this is all over, I will never forget the names of those who did nothing.

There’s an old story from the Tennessee legislature about infamous Governor Ned McWherter leaving toy trucks on lawmakers’ desks when he wanted a highway bill passed. When one of them showed up on a member’s desk, it was because McWherter was threatening to withhold road projects if the members didn’t vote with his agenda. I think about that lore a lot right now. Leadership is about reminding people that their choices matter, and there are consequences if they don’t act.

Consider this Substack a toy truck. Because when the pendulum swings, and Tennessee history tells us it always does, I will remember exactly who helped us out of this mess…and who didn’t.

Aftyn

P.S. For those of you who have a few dollars to spare, I set up a GoFundMe for a housing-insecure couple that’s about to be evicted in my district.


Announcements

East Nashville Town Hall on Saturday, March 14th, 10-12 PM CT: Join State Senator Heidi Campbell, CM Emily Benedict, and me for an East Nashville town hall! Toll roads, tunnels, and taxes… oh my! Please PSVP below!

RSVP


Legislative Updates

PINK CHAIR PLAYBACK AND PREVIEW IS BACK!

You asked! I delivered! I’ve been diligently recording my Pink Chair Playback and Preview, so you can stay up to date with the chaos at the Tennessee Legislature. I record these video segments weekly and release them on Saturdays/Sundays on Substack and social media platforms.

Constituent Services

Helpful Links for the Legislative Session

See below for various information outlets to understand what’s happening at the Tennessee Legislature. If you have others, please respond to this e-mail, as I’ll keep adding them!


Take Action

HELP A HD51 HOUSING INSECURE COUPLE: I’m helping a housing insecure couple that lives in Madison, TN who are days away from being evicted. I would use campaign funds if I could, but I can’t. Please consider donating a few bucks to help this couple remain in their apartment.

Donate

SIGN PETITION: Students at Vanderbilt and LGBTQ+ advocates in our community are speaking up after Vanderbilt University Medical Center announced it will stop providing gender-affirming surgeries to adults. Healthcare decisions should be guided by patients and doctors—not political intimidation. If you want to stand with transgender Tennesseans and support access to care, please consider signing and sharing their petition.

SIGN PETITION


In The Press


On The Go

EdTrust Ten for Tennessee Award Reception | February 17th, 2026

Here’s the only photo I’ve collected in three months as I’ve been BUSY. The only award I ever received prior to this one was my Webb Middle School 7th Grade Luttrell Citizenship Award. Now I have TWO awards under my belt, Mom! Ed-Trust Tennessee awarded Senator Oliver and myself a Ten for Tennessee Award for our bill expanding universal pre-k by taxing Big Tech.


If you want to see anything in this newsletter, please e-mail us at team@aftynbehn.com. We aim to please and give the people what they want!

Read on aftynbehnfortn.substack.com

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