Tennessee GOP Advances Bill Allowing Businesses And Individuals To Refuse Recognition Of Same-Sex Marriages
Opponents fear the bill could permit employers, banks and hospitals to treat legally married couples as if they are unmarried.
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The Tennessee House of Representatives has passed a bill that would allow private citizens and organizations to refuse to recognize same-sex marriages, a move that has left many LGBTQ couples in the state questioning what their legal marriages might mean in daily life.
House Bill 1473, introduced by Republican Rep. Gino Bulso of Brentwood, states that “private citizens and organizations are not bound by the Fourteenth Amendment or the Supreme Court’s decision in Obergefell v. Hodges to recognize a marriage between individuals of the same sex; prohibits the board of professional responsibility from disciplining or sanctioning an attorney for declining to officiate a marriage between two persons of the same sex.”
The measure passed 68 to 24 along party lines, with no Republican voting against it. If approved by the Senate, it would take effect July 1.
The bill does not invalidate same-sex marriages in Tennessee. Since the U.S. Supreme Court’s 2015 ruling in Obergefell v. Hodges, states have been required to license and recognize marriages between same-sex couples. Instead, HB 1473 focuses on private conduct. It asserts that the Fourteenth Amendment’s equal protection clause applies only to state and local governments, not to private individuals or organizations. The text specifically refers to “a purported marriage between individuals of the same sex.”
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In addition to carving out an exemption for private recognition, the bill shields attorneys from professional discipline if they refuse to officiate or “celebrate” a same-sex wedding.
Supporters frame the legislation as a defense of religious liberty, while opponents worry that the legal theory underlying the bill could have sweeping implications. By declaring that private actors are not bound by the Fourteenth Amendment when it comes to recognizing same-sex marriages, many fear the legislation invites businesses, hospitals, banks, and employers to treat married couples as if they are unmarried.
“Attacking the recognition of people’s marriages is one of the worst ways for the Tennessee House to spend its time,” the Tennessee Equality Project said in a statement. “This bill sows fear about the very protections that give families security, and it fails to address real problems in our state like emergency preparedness and the affordability crisis. Hate won today, but those of us fighting for love and our families will prevail here or in the courts.”
Chris Sanders of the Tennessee Equality Project warned that the wording goes beyond what supporters claim. “This caption is really far broader than marriage and I think every person in Tennessee should be concerned,” he said.
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Democratic Rep. John Ray Clemmons of Nashville raised similar alarms during the debate. “Theoretically, you could read that legislation to allow individuals or private organizations to discriminate against someone on the color of their skin,” Clemmons said.
Tom Lee, who is on the board of directors for the Tennessee Pride Chamber, pointed to how the bill could play out in everyday scenarios. “Imagine if under this bill, a private employer said, ‘Well, you can’t take family leave because I, as a private citizen, don’t recognize — using the language of the bill — your purported marriage,’” said Lee. “Or a bank says, ‘You’ll pay the higher rate (for unmarried couples). We’re not bound by the 14th Amendment. You’re not married in our eyes.’”
Tennessee does not include LGBTQ people in its statewide anti-discrimination protections, and a 2011 law bars local governments from adopting their own protections. That legal reality heightens anxiety about what could happen if private businesses decide they are not required to treat same-sex marriages as valid.
The bill now moves to the Tennessee Senate for consideration, where it will be debated as SB1746 before any final vote.
