Tennessee’s Republican Governor Bill Lee signed a new bill on Feb. 21. The bill effectively permits public officials to refuse to perform same-sex marriages. The bill was first passed last year but was deferred for further consideration until 2024.
HB 878 was given final approval by lawmakers earlier this month when the revived bill passed in a 27-5 party-line vote.
According to the bill, a person “shall not be required to solemnize a marriage” if their objection is based on their “conscience or religious beliefs.”
The right for refusal to solemnize a marriage already exists in the state, however, previously couples could not be refused based on individual beliefs.
Tennessee State code only permits certain individuals, such as state notary publics, government officials, and those with religious standing, to solemnize marriages.
Tennessee Code Title 36 states that “before being joined in marriage, the parties shall present to the minister or officer a license under the hand of a county clerk in this state, directed to such minister or officer, authorizing the solemnization of a marriage between the parties.”
Initially introduced in March 2023, the bill has since been viewed as controversial by some LGBT advocacy groups, which said it violates the First Amendment and was intended to exclude LGBT-identifying individuals from equal protection under the law.
“Let’s be clear — this bill is intended to exclude LGBTQ+ folks from equal protection under the law,” according to Molly Whitehorn, associate director of regional campaigns for the Human Rights Campaign, who commented on the bill last week before the Governor signed it.
Governor Lee has not since publicly commented on the bill on his social media or his office’s website.
However, according to Republican state Senator Mark Pody, the bill does nothing but what it says.
“It just says that a person shall not be required to solemnize a marriage. This has nothing to do with getting a license. It has nothing to do with the clerk required to give a license. It just says those words, and that’s all there is to it,” Mr. Pody, one of the bill’s co-sponsors, said earlier this month.
Other Tennessee Republicans also pushed back against criticism of the bill, saying it does not constitute discrimination against same-sex couples or prevent them from getting married.
Tennessee Congressman Monty Fritts, the bill’s primary sponsor in the House, said last year that one main function of the bill is to combat elder abuse.
“Young folks are trying to marry older folks to get to their financial accounts,” Fritts said during a February 2023 hearing.
Mr. Fritts, at the time, also alluded to the issue of protecting religious beliefs.
“As societal views change about what constitutes a marriage, officiants must be able to refuse to solemnize marriages that are contrary to their beliefs. The government has a responsibility to protect the exercise of religious beliefs,” he added during last year’s hearing.
NTD contacted Governor Lee for further comment but did not receive a response by press time.
