Tennessee's Same-Sex Marriage Law: What You Need To Know

Despite being legalised in 2015, same-sex marriage in Tennessee has been the subject of continued legal challenges and opposition from state politicians and officials. In February 2024, Governor Bill Lee signed a controversial bill allowing officials to refuse to 'solemnize' or perform marriages that conflict with their beliefs, which critics argue could be used to discriminate against same-sex couples. This is just the latest in a series of legislative attempts to curb the rights of LGBTQ+ individuals in the state, which have included efforts to prohibit same-sex marriage, restrict access to gender-affirming care, and prevent the display of LGBTQ+ pride flags in schools.

Tennessee's 'Natural Marriage Defense Act'

Tennessee's "Natural Marriage Defense Act" is a bill that has been reintroduced several times by Republican lawmakers since 2016, with the aim of prohibiting same-sex marriages in the state. The bill asserts that the U.S. Supreme Court's 2015 decision to legalize same-sex marriage (Obergefell v. Hodges) is void in Tennessee, citing the state's own law and constitutional amendment defining marriage as between one man and one woman.

The bill would prevent government officials, including clerks issuing marriage certificates, from recognizing any court rulings that affirm same-sex unions. It also specifies that these officials cannot be arrested for failing to comply with court orders that contradict the bill. Additionally, the bill would require the Tennessee Attorney General to defend the state's law on marriage in any subsequent legal challenges.

The "Natural Marriage Defense Act" has been widely criticized and opposed by LGBTQ+ rights groups and their allies. They argue that the bill is unconstitutional and a violation of the Obergefell ruling, which established same-sex marriage as a fundamental right. Opponents also highlight the potential financial impact on the state, with estimates suggesting that Tennessee could lose up to $9.4 billion in federal funding if the bill becomes law.

Despite the opposition and potential financial consequences, Republican lawmakers in Tennessee continue to push for the bill, reflecting their ongoing efforts to restrict same-sex marriage in the state.

Tennessee's public officials can refuse to perform same-sex marriages

The legislation has faced strong criticism from LGBTQ+ advocacy groups, who argue that it was intended to exclude and discriminate against LGBTQ+ individuals by denying them equal protection under the law. However, supporters of the bill, including Republican state lawmakers, have denied that it was meant to target same-sex couples or prevent them from marrying. They claim that it only provides an alternative form of marriage for those with religious objections to the current legal definition of marriage.

The law itself is brief, stating that a person "shall not be required to solemnize a marriage" without specifying the grounds for refusal. This lack of clarity has been criticized, as it potentially allows officials to refuse marriages for reasons beyond religious objection, such as the couple's race, religion, or national origin. Despite these concerns, the legality of same-sex marriage in Tennessee is not in jeopardy, and couples can still obtain marriage licenses.

Tennessee's same-sex marriage ban was struck down by the Supreme Court

Tennessee's same-sex marriage ban was struck down by the U.S. Supreme Court on June 26, 2015, in a 5-4 ruling. The case, known as Obergefell v. Hodges, extended the federal right to marry to same-sex couples across the country. The Supreme Court's decision overruled Tennessee's ban on same-sex marriage, which had been in place both by statute and its State Constitution.

Prior to the 2015 ruling, same-sex marriage had faced significant opposition in Tennessee. In 1996, the Tennessee General Assembly enacted a statute banning same-sex marriages. Additionally, in 2004, the state's House of Representatives and Senate approved Amendment 1, a constitutional amendment defining marriage as a union between one man and one woman. This amendment was approved by Tennessee voters in 2006.

Despite the Supreme Court's ruling in Obergefell v. Hodges, some Tennessee politicians and officials have continued to oppose same-sex marriage. There have been multiple attempts to restrict or curb the legal rights of married same-sex couples in the state. For example, in 2022, a group of Republican lawmakers proposed a bill that would have inadvertently created a loophole allowing child marriages and polygamy. This attempt was widely opposed and mocked. Additionally, there have been efforts to introduce legislation that would allow public officials to refuse to solemnize same-sex marriages, which critics argue could lead to discrimination.

The movement to restrict same-sex marriage in Tennessee has been met with resistance and legal challenges. A 2021 survey by the Public Religion Research Institute found that 54% of Tennessee residents supported same-sex marriage. Additionally, several counties in Tennessee, such as Davidson County, have passed resolutions expressing support for same-sex marriage and rejecting anti-LGBT bills.

Tennessee's same-sex marriage recognition

Tennessee's recognition of same-sex marriage has been a contentious issue, with the state's laws and public opinion evolving over time.

History of Tennessee's Same-Sex Marriage Recognition

Same-sex marriage has been legal in Tennessee since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. This ruling struck down Tennessee's previous ban on same-sex marriage, which was enacted by the Tennessee General Assembly in 1996. Despite the legalization, some state politicians and officials have continued to oppose same-sex marriage, and there have been multiple attempts to curb the legal rights of married same-sex couples or create loopholes to restrict their marriages.

Legal Challenges and Political Efforts

In 2013, a lawsuit, Borman v. Pyles-Borman, was filed in Roane County, challenging the state's refusal to grant a divorce to a same-sex couple married in Iowa. The plaintiff argued that Tennessee's anti-recognition laws treated same-sex marriages unfairly. The ruling was initially in favour of the state but was overturned on appeal in 2015, citing the Obergefell v. Hodges decision.

Another significant case, Tanco v. Haslam, was filed in 2013 by the National Center for Lesbian Rights on behalf of several same-sex couples in Tennessee. The case sought to require the state to recognize their marriages established in other states. In March 2014, a federal district court ruled that Tennessee officials must recognize these marriages, providing immediate protection for the couples. This ruling aligned with decisions made by federal courts in other states, reinforcing the freedom to marry for same-sex couples.

In 2022, an attempt by Republican lawmakers to curb the legal rights of married same-sex couples inadvertently created a loophole that would have allowed child marriages and polygamy in the state. This effort faced widespread opposition and was mocked on social media. Additionally, in 2022, a bill was introduced that would have allowed opposite-sex couples to enter into "marriage contracts" based on common-law principles while excluding same-sex couples. This bill was also met with strong criticism and was sent for further study, effectively killing it for that legislative session.

Public Opinion and County Responses

Public opinion in Tennessee on same-sex marriage appears to be somewhat divided. A 2021 survey by the Public Religion Research Institute showed that 54% of Tennessee residents supported same-sex marriage. However, several counties, including Greene, Carter, Dickson, Hawkins, Johnson, McMinn, Morgan, Sullivan, and Unicoi, have passed resolutions expressing opposition to same-sex marriage. On the other hand, counties like Davidson have approved resolutions supporting same-sex marriage and rejecting anti-LGBT bills.

Current Status

As of February 2024, Tennessee is facing another attempt to restrict same-sex marriages, with a bill heading to Governor Bill Lee's desk. This bill seeks to ensure that public officials are not required to solemnize a marriage, potentially denying LGBTQ+ couples their fundamental right to marry. If signed into law, it is expected to face legal challenges, as same-sex marriage is a fundamental right upheld by the U.S. Supreme Court.

Tennessee's LGBTQ+ community faces legal challenges

Tennessee's LGBTQ+ community faces numerous legal challenges that impact their rights and well-being. While same-sex marriage has been legal in the state since the 2015 Obergefell v. Hodges ruling, there have been persistent attempts to restrict and undermine these marriages. Republican lawmakers have repeatedly tried to pass bills that would effectively end same-sex marriage in Tennessee, despite the fundamental right to marry guaranteed by the Supreme Court decision. These bills aim to allow public officials to refuse to solemnize same-sex marriages, citing personal beliefs or religious grounds, potentially denying LGBTQ+ couples their marriage rights.

The state has also enacted laws that restrict the rights of LGBTQ+ individuals in other areas. For example, Tennessee passed a law in 2024 that prohibits gender-affirming care for transgender minors, and adults who help them access such care can face civil penalties. This law has been challenged in court, with the U.S. Department of Justice and civil rights organizations arguing that it is unconstitutional. Additionally, Tennessee has passed laws that restrict bathroom access for transgender individuals in public schools and require parental notification if a child requests to be called by a different name or pronoun at school. These laws contribute to a hostile environment for LGBTQ+ youth and limit their ability to express their gender identity.

Discrimination against LGBTQ+ individuals in Tennessee is also a significant concern. While there are some federal protections in place, Tennessee law does not explicitly prohibit discrimination based on sexual orientation or gender identity. This lack of state-level protection leaves LGBTQ+ individuals vulnerable to discrimination in employment, housing, and public accommodations. Furthermore, Tennessee has passed laws that allow adoption and welfare agencies to reject LGBTQ+ parents if they cite "sincerely held religious beliefs." This law enables discrimination in the adoption process and can negatively impact the placement of LGBTQ+ children in foster care.

The state has also seen efforts to censor LGBTQ+ content and restrict the rights of LGBTQ+ individuals to serve openly in the military. Tennessee introduced a bill banning "adult show performances" where minors are present, effectively banning drag shows and any performances by transgender individuals in public spaces. Additionally, while serving openly in the military is legal under federal law, Tennessee passed a law defining a transgender person using a bathroom corresponding with their gender identity as "indecent exposure." This law further stigmatizes and discriminates against transgender individuals.

Overall, Tennessee's LGBTQ+ community faces numerous legal challenges that impact their daily lives and well-being. These challenges include attempts to restrict same-sex marriage, discrimination in various sectors, censorship, and the denial of rights and protections in areas such as adoption, healthcare, and education. While there have been some positive developments, such as the legalization of same-sex marriage and federal protections, the community continues to face opposition and resistance from conservative lawmakers and groups in the state.

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