On the evening of February 12, 2024, the Tennessee Senate approved Senate Bill 596, granting individuals the right to decline officiating marriages that conflict with their beliefs. According to the bill, a person shall not solemnize a marriage if their objection is based on conscience or religious beliefs.
State Representative Monty Fritts (R), the sponsor of a corresponding bill in the State House, made a statement last year. He mentioned they created the bill “simply and clearly to protect the rights of the wedding ceremony officiants.”
Despite Fritts’ explanation, the current Tennessee law does not mandate anyone to officiate a marriage against their will. The Senate already replaced its bill with the identical House proposal, setting the stage for the next vote in the House.
That marks the Republican-controlled legislature’s second endeavor to advance a bill opponents argue could have consequences. According to critics, this bill will particularly affect LGBTQ+ and interracial couples. Critics also express concern over the implications of the bill.
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Eric Patton, a Tennessee-based minister, said, “The way it’s worded, you can discriminate against anybody for any reason, which is terrible.” He further emphasized the misguided nature of allowing discrimination and deemed it “wrong-headed” and typical Tennessee sentiment.
Patton shared his view with a Nashville outlet, highlighting the “vaguely worded” nature of the legislation. He suggested that the state aims to test the current marriage equality law. Last year, the Human Rights Campaign and Tennessee Equality Project condemned this and the state’s anti-drag bill.
Notably, marriage equality has been a federally protected right since 2015. This follows the Supreme Court’s ruling in Obergefell v. Hodges, which constitutionally protected same-sex marriage. Indeed, same-sex and interracial marriages enjoy extra protection through the Respect for Marriage Act.
This legislation repealed the Clinton-era Defense of Marriage Act, ensuring federal protections for same-sex couples across the United States. Despite celebrating it as a notable advancement for LGBTQ+ equality, critics argue that the bill caters to religious organizations.
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An amendment within the law brings out expectations, permitting religious organizations to decline officiating same-sex marriages. Moreover, these organizations can maintain their tax-exempt status and receive federal benefits. This is if they choose to refuse services for a same-sex marriage.
Currently, only North Carolina and Mississippi have laws that permit state and local officials to decline marriages they disagree with. Notably, Tennessee stood as a focal point for anti-LGBTQ legislation the previous year.
The state reportedly introduced and passed more such laws than any other state. Cathryn Oakley, the Director of Legal Policy at the Human Rights Campaign, called Tennessee an “innovator” in anti-LGBTQ policies.
Oakley said to Rolling Stone, “They try things early. Sometimes, they don’t pass them right away, but they have a little bit of everything. They’re a lab for this stuff.” It is noteworthy that over the years, Tennessee played a significant role in the introduction of anti-LGBTQ legislation.
This accounts for 29 out of over 415 bills of this nature introduced in the state legislatures so far this year.
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