Same-sex marriage in Tennessee
Recognized Same-sex marriage has been legal in Tennessee since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015.
Governor Bill Haslam quickly announced that the state would abide by the court's decision, and same-sex couples began to marry in Tennessee.
In 2022, an attempt by a group of Republican lawmakers to curb the legal rights of married same-sex couples would have inadvertently created a loophole allowing child marriages and polygamy in the state.
He argued that state laws treated legal same-sex marriages as "a special class singled out for disadvantages without any legitimate basis".
The case, Tanco v. Haslam, sought to require the state to recognize their marriages established in California and New York.
On March 14, 2014, U.S. District Judge Aleta Arthur Trauger granted a preliminary injunction requiring the state to recognize the marriages of the plaintiff couples.
Representative Marsha Blackburn said she was "disappointed", and the Lieutenant Governor of Tennessee, Ron Ramsey, said the ruling was an "unfortunate and fundamentally wrong opinion".
Representative Steve Cohen from Tennessee's 9th congressional district said, "I hope today's Supreme Court ruling can put this issue to rest.
[16] Trauger issued a final injunction in Tanco on August 24, 2015, enjoining the state from enforcing its same-sex marriage bans.
On January 20, 2016, a House subcommittee voted 1–4 to reject a bill called the Natural Marriage Defense Act which sought to overrule the Supreme Court ruling.
Representative Mike Carter had concerns over the legal basis for ignoring the Supreme Court's ruling, labeling it "nullification".
[17] The Natural Marriage Defense Act was reintroduced to the Tennessee General Assembly on February 8, 2017, with 13 Republican cosponsors.
The sponsors reacted to the backlash by amended their bill to include an age limit, and Leathwood stated, "Yes, I am opposed to child marriages."
Nonetheless, social media posts continued to circulate that the bill would have legalized child marriage in Tennessee.
Occupy Democrats wrote on Facebook, "Tennessee Republicans are advancing a 'marry little kids' bill that will allow them to marry children of any age."
Civil rights attorney Abby Rubenfeld said, "This argument that it is going to set up two separate paths to marriage is blatantly unconstitutional in violation of the Obergefell decision, which is the law of the land.
[3] On March 6, 2023, the Tennessee House voted 74–22 in favor of legislation proposed by Representative Monty Fritts to explicitly allow public officials to refuse to solemnize a marriage if they cite their "conscience or religious beliefs".
[29] In January 2016, a conservative lawyer filed a lawsuit in Williamson County seeking to stop same-sex marriages in Tennessee.
Representative Darren Jernigan, the bill's main sponsor, said: "Basically, what has happened is the Family Action Council wants to continue to let 13-year-olds get married in the state at the sake of their court case against same-sex couples.
"[34] The bill was revived due to political pressure, passed, and signed into law in May 2018 by Governor Haslam, preventing anyone younger than 17 from marrying in Tennessee.
[38] In December 2019, a group of Christian ministers filed a petition for declaratory judgment asking the Tennessee Department of Health to revert to its pre-Obergefell marriage forms, which excluded same-sex couples.
The group, supported by Fowler, alleged that the state was violating the Tennessee Constitution by issuing marriage licenses to same-sex couples.
Similar resolutions were subsequently approved in Carter, Dickson,[41] Hawkins,[42] Johnson, McMinn, Morgan, Sullivan and Unicoi counties.
Neighboring counties including Bradley and Rhea issued 12 and 3 marriage licenses to same-sex couples, respectively.
[51] Governor Bill Haslam and House Majority Leader Gerald McCormick both said in 2013 there was "no huge demand" for domestic partnerships in Tennessee.
[52] In August 2013, the City Commission of Collegedale voted 4–1 in favor of granting domestic partnership benefits to same-sex couples.
[54] On November 12, 2013, the City Council of Chattanooga voted 5–4 in favor of granting domestic partnership benefits to same-sex couples.
[58][59] The Council did not repeal the ordinance on its own, allowing the vote to proceed on August 7, the general election date for Hamilton County.
