This blog originally appeared at LGBTQ Nation.
The proposed legislation appears to harbor the intention of subtly challenging the legal foundation of marriage equality through its intricate provisions and language.
The Tennessee Senate has passed legislation enabling individuals to decline officiating marriages if the couple’s relationship conflicts with their “conscience or religious beliefs.”
S.B. 596 is aimed at LGBTQ+ couples, but it grants officiants the ability to refuse service to anyone. State Representative Monty Fritts (R) introduced a similar bill in the Tennessee House last year, stating to NewsChannel5 that the legislation is intended to “simply and clearly protect the rights of the officiate.” However, Huffington Post reports that there is currently no state law mandating officiants to conduct marriages they oppose.
The bill’s language primarily centers on “solemnization” – the process of conducting a wedding ceremony. However, upon its introduction last year, there were concerns that some interpreted the legislation to imply that clerks could decline to issue marriage licenses to couples they disagreed with.
“Solemnization is not issuing a license,” explained officiant Eric A. Patton. “When the clerk issues you a license, it’s issuing you a license. They are not performing the marriage rites.” Patton clarified that while clerks have the authority to solemnize marriages, many have ceased doing so since the Supreme Court legalized marriage equality to avoid potential lawsuits if they were to refuse.
In an interview with WKRN in March, Patton expressed his belief that the legislation is essentially an attempt to challenge the boundaries of marriage equality. He stated, “There’s nothing in the law right now that says anybody has to do any kind of marriage at all, so there’s no clarification that this bill provides. This bill does nothing, essentially, except open the opportunity for a lawsuit… The way they have vaguely worded this is that they’re trying to invite a Kim Davis-type lawsuit to go up against Obergefell, because they’re wanting to test the marriage equality law as it stands.”
The bill will now proceed to the Tennessee House of Representatives for further consideration and a vote.
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