Tennessee Governor Bill Lee has approved a new law on Wednesday that grants public officials in the state the right to decline performing marriages if it conflicts with their personal beliefs.
The legislation, known as HB 878, is succinct, spanning less than half a page, and simply states that public officials “shall not be required to solemnize a marriage.” Newly empowered to refuse such duties are judges, county clerks, and government officials. The law took effect immediately upon signing on Wednesday.
Critics argue that the law was designed to allow government officials to opt out of officiating same-sex marriages. Previously, religious figures in the state had the prerogative to decline to marry same-sex couples.
An earlier version of the legislation, introduced last year, outlined that an individual could refuse to officiate a marriage “based on the person’s conscience or religious beliefs.” However, the final version signed by Governor Lee does not specify the criteria under which a person may choose to accept or reject the responsibility of marrying individuals.
Requests for comments from representatives for Governor Lee, State Senator Mark Pody, the lead Republican co-sponsor of the legislation in the Senate, and Republican State Representative Monty Fritts, the lead co-sponsor in the House, were not immediately returned.
The legality of same-sex marriage has been established nationwide since the Supreme Court’s landmark ruling in Obergefell v. Hodges in 2015. In 2022, President Joe Biden signed legislation further enshrining same-sex marriage into federal law, following concerns in the LGBTQ community regarding potential threats to their right to marry post-Roe v. Wade.
Mary Bonauto, who represented same-sex couples in the Obergefell case and currently serves as the civil rights project director at GLBTQ Legal Advocates & Defenders, emphasized that the Tennessee law does not undermine the legality of same-sex marriage in the state. She highlighted that while the law pertains to performing marriages, licenses can still be obtained, and various entities can officiate marriages.
However, Bonauto raised concerns about the law’s lack of clarity and its potential for abuse, suggesting that individuals could be denied marriage for various reasons, including race, religion, or national origin.
Nathan Higdon, the chief financial officer for Tennessee LGBTQ advocacy group Knox Pride, condemned the law as a political maneuver aimed at retaining power by lawmakers. He criticized it as a tactic to maintain voter engagement through contentious issues.
The enactment of the law coincides with a surge in challenges to LGBTQ rights across the nation. State legislatures have introduced a record number of anti-LGBTQ bills, with a significant focus on limiting the rights of transgender individuals. Tennessee has emerged as one of the states at the forefront of restrictive LGBTQ legislation, including measures restricting gender-affirming care for trans children and limiting trans athletes’ participation in school sports.