CW; Marriage Inequality
Link to the Bill; HB0878
Image: TN Republican Rep. Monty Fritts
SENATE BILL 596
By Pody
HOUSE BILL 878
By Fritts
HB0878
002340
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 4;
Title 29 and Title 36, relative to solemnization of
marriage.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 36-3-301, is amended by adding the
following as a new subsection:
(m) A person shall not be required to solemnize a marriage if the person has an
objection to solemnizing the marriage based on the person's conscience or religious
beliefs.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.
Not a super fabulous topic on the table right now, but this just came to my attention. On March 6th, 2023 the Tennessee House passed a law stating that "A person shall not be required to solemnize a marriage if the person has an objection to solemnizing the marriage based on the person’s conscience or religious beliefs." The ruling of this law has been pushed to next year due to the Tennessee Senate Judiciary Committee.
Let's define solemnize real quick: "mark with a formal ceremony." Some synonyms are formalize and celebrate.
While I understand the concept of keeping religious freedom within the country and allowing the TN clergy to make their own decisions. However, it was never a requirement for someone to perform a wedding ceremony. The clergy was always allowed to refuse a marriage license. What this specific law is reopening is the cases in which SCOTUS deemed it unconstitutional to refuse a couple a marriage license.
What this law is saying is that the state of Tennessee allows clergy members to deny marriage licenses to those who go against a "certain conscience" or "religious belief." Tennessee state Rep. Monty Fritts (R) denied the bill would be used to refuse licenses to same-sex couples, but many of his democratic colleagues disagreed.
Many people believe that "going against a certain conscience or religious belief" will end up allowing marriage licenses to be denied to same-sex, interracial, and interfaith couples.
The Respect for Marriage Act signed by President Biden in December of 2022 forces states to recognize out-of-state marriage licenses. In cases like Loving v. Virginia and Obergefell v. Hodges, SCOTUS saw a violation of the 14th Amendment.
This is incredibly unconstitutional on the grounds of the 14th Amendment, which is commonly simplified as the "equal rights under the law" clause. Why is this a big deal? ...
If something is unconstitutional, is that not already a huge deal? Anyways. If this case goes to the Supreme Court it is likely they will uphold the law as they have previously overturned Roe v. Wade. If this law is upheld, that will open the doors for cases like Loving v Virginia (the right to marry whomever you wanted, regardless of their race), Obergefell v. Hodges (acknowledge and respect the validity of marriage licenses granted to same-sex couples), Lawrence v. Texas (furthers no legitimate state interest which can justify its intrusion into the personal and private life of the individual), Griswald v. Connecticut (right of married couples to make personal and private decisions about when to use contraception).
Tennesseans deserve marriage equality. They deserve the right to love and marry whom they choose, regardless of their sexual orientation, gender, race, religion, ability, or other defining characteristics. And certainly, they deserve the right to marry regardless of any other person’s narrow opinion of what their marriage ‘should’ be.
Let's hear your thoughts!
Lain (they/them)
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