Opinion: Beer law discriminates against some immigrants

The opinion, issued by Attorney General Herbert Slatery III, takes aim at a law that barred people from getting a license to sell beer unless they had been a lawful resident or U.S. citizen for at least a year.

Rep. Martin Daniel, R-Knoxville, said the city of Knoxville asked him to request the legal opinion.

The opinion says the law is unlikely to survive a court challenge because it discriminates against people based on immigration status and where they were born. It also says the law does not appear to serve a compelling state interest.

"We are not aware of and cannot conceive of a compelling state interest in discriminating between naturalized citizens and birthright citizens, or for that matter between naturalized citizens who have been citizens for 366 days and naturalized citizens who have been citizens for 364 days for the purposes of selling beer," the opinion, which was issued last week, said.

Lawmakers generally seek an attorney general's opinion before passing a law to make sure that it can survive a legal challenge. Rep. Pat Marsh and Sen. Jim Tracy, two Republicans from Shelbyville, were primary sponsors of the legislation that barred the beer licenses.