The law, less than half a page long, states that a person “shall not be required to solemnize a marriage,” but does not specify grounds for refusal.
Tennessee has emerged as one of the most restrictive states in regards to LGBTQ rights in recent years. Sergio Flores / AFP via Getty Images
Tennessee Gov. Bill Lee signed a new law Wednesday that will allow public officials in the state to refuse to perform marriages if doing so goes against their beliefs.
The measure, HB 878, is less than half a page-long and simply states that public officials “shall not be required to solemnize a marriage.” Those who can newly refuse include judges, county clerks and government officials. The law went into effect immediately on Wednesday.
Critics have said that the measure was crafted with the intention of allowing government officials to refuse to perform same-sex marriages. Religious figures in the state have previously been permitted to refuse to marry same-sex couples.
An original draft of the legislation, which was introduced last year, stated that a person would be allowed to refuse to perform a marriage “based on the person’s conscience or religious beliefs.” The version of the law Lee signed does not specify under what criteria a person can decide whether to agree or refuse to marry someone.
Representatives for Lee and state Sen. Mark Pody, the lead Republican co-sponsor of the legislation in Tennessee’s Senate, did not immediately return requests for comment. Republican state Rep. Monty Fritts, the lead co-sponsor of the legislation in the state’s House, could not be reached for comment.
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. In 2022, President Joe Biden signed into law a measure that also 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 also be in jeopardy.
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, a nonprofit legal rights group, said the Tennessee law does not jeopardize the legality of same-sex marriage in the state.
“You can still absolutely obtain licenses,” she said. “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.”
Bonauto added that the law lacks clarity over its application and opens up the possibility for couples to be refused marriage for a whole host of reasons, including their race, religion or national origin.
“The law is so broad that it could really introduce a fair amount of randomness that I think many people may not find tolerable,” she said. “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, the chief financial officer for Tennessee LGBTQ advocacy group Knox Pride, condemned the measure and chalked it up as a political stunt on behalf of lawmakers trying to hold onto power.
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