GOP governor signs marriage law that could set the stage for a challenge to Obergefell

This blog originally appeared at LGBTQ NATION.

Ordained individuals are not obligated by law to officiate marriages that conflict with their beliefs. However, initially, there was no law mandating their involvement in such ceremonies.

Governor Bill Lee of Tennessee (R) has approved a bill affirming that individuals cannot be compelled to officiate a marriage if it conflicts with their conscience or religious convictions.

H.B. 878 specifically addresses “solemnization,” referring to the act of conducting a wedding ceremony. Under Tennessee law, those authorized to solemnize a marriage encompass religious leaders, judges, county clerks, notary publics, as well as certain mayors and legislative members.

Advocates for LGBTQ+ rights argue that the legislation aims to grant officials the ability to discriminate against LGBTQ+ couples. However, according to state Representative Monty Fritts (R), the bill’s primary House sponsor, its purpose is to prevent instances of elder abuse, where young individuals marry elderly persons to gain access to their financial assets.

When the legislation was introduced last year, there were concerns that clerks could potentially refuse to grant marriage licenses to certain couples, including same-sex couples. However, according to state Senator Mark Pody (R), the bill’s primary sponsor, it does not permit government officials to deny marriage licenses to same-sex couples. Pody has a history of advocating against LGBTQ+ rights, having previously proposed legislation to allow state officials to disregard the legalization of marriage equality by the U.S. Supreme Court in 2015, and supporting transphobic bathroom bans.

Officiant Eric A. Patton clarified that “solemnization” does not involve issuing a marriage license. He emphasized that when a clerk issues a license, they are not performing the marriage ceremony.

Critics argue that the legislation serves no purpose other than to enable discrimination, as there is currently no requirement in Tennessee for ordained individuals to officiate marriages they object to.

Patton suggested that the legislation might be an attempt to challenge marriage equality laws. He expressed concerns that the vague wording of the bill could invite lawsuits similar to those involving Kim Davis, who famously refused to issue marriage licenses to same-sex couples in Kentucky.

Governor Lee has not issued a statement regarding his decision to sign the legislation. Previously, he signed several anti-LGBTQ+ bills, including bans on drag performances, gender-affirming care, and trans athletes participating in women’s and girls’ sports teams.

In January 2023, Governor Lee announced the rejection of $8.8 million in federal funds allocated for HIV prevention and treatment by the Centers for Disease Control and Prevention. Some of these funds supported programs associated with transgender healthcare. This decision, made amidst pressure from right-wing media, resulted in the loss of critical federal funding for the state’s healthcare initiatives.