Tennessee Law Forbids Officials to Perform Same-Sex Marriages

NASHVILLE, TN — (03-03-24) — Tennessee Gov. Bill Lee signed the state’s new anti-LGBT law last Wednesday, that will allow public officials statewide to refuse to perform same-sex marriages if doing so goes against their beliefs, a clear slap in the face to the Supreme Court’s landmark Obergefell v. Hodges ruling in 2015 that legalized same-sex marriage among gay and lesbian couples.

The measure, HB 878, is less than half a page-long and says that public officials “shall not be required to solemnize a marriage.” Those who can refuse include judges, county clerks and government officials. The law went into effect immediately on Wednesday.

LGBT activists were quick to say that the measure was crafted with the intention of allowing government officials to refuse to perform same-sex marriages.

State Sen. Mark Pody, the lead Republican co-sponsor of HB 868 in Tennessee’s Senate, did not return requests for comment by JRL CHARTS LGBT Politics. Republican state Rep. Monty Fritts, the lead co-sponsor of the legislation in the state’s House also refused to reply for comment on this story.

Same-sex marriage has been legal across the United States since the Supreme Court’s landmark Obergefell v. Hodges ruling in 2015 guaranteed the right to gay and lesbian couples.

To further cement same-sex marriage, in 2022, President Joe Biden signed into law a measure that codified same-sex marriage into federal law months after the fall of Roe v. Wade instilled fear in the LGBTQ community that their right to marry could be the next target of right wing conservatives that currently control the U.S. Supreme Court.

Mary Bonauto, who argued on behalf of same-sex couples in Obergefell and now serves as the civil rights project director at GLBTQ Legal Advocates & Defenders, said “You can still absolutely obtain licenses. It’s only about performing a marriage and there are a whole variety of individuals who can perform marriages and also potentially some private entities.” said Bonauto.

She concluded by saying that “The law is so broad that it could really introduce a fair amount of randomness that I think many people may not find tolerable. Or I think, on the other hand, maybe they will just ignore it because it was to satisfy a particular effect on the ground. Time will tell.”

Nathan Higdon, chief financial officer for Tennessee LGBTQ advocacy group Knox Pride, told NBC News that he condemns HB 878 and and chalked this latest stunt as just that – a political stunt! On behalf of lawmakers trying to hold onto power.

The never ending war on the LGBT community by the Republican party continues.

Article by: Paul Goldberg, Staff Writer

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