I respectfully dissent from the result reached by a majority of the Court today. Quite

frankly, I find the policy adopted as a result of the plurality opinion of Justice Lee and the

concurring opinion of Justice Kirby to be sound. However, it is just that. It is a policy

decision by which the majority today has pushed aside appropriate confines of judicial

restraint and applied an evolving standards of decency/independent judgment analysis that

impermissibly moves the Court into an area reserved to the legislative branch under the

United States and Tennessee Constitutions.