Recognition of same-sex unions in Tennessee

Same-sex marriage in Tennessee has been legal since the U.S. Supreme Court ruling in '' Obergefell v. Hodges'' on June 26, 2015. Governor Bill Haslam quickly announced that the state would abide by the court's decision, and same-sex couples began to marry in Tennessee. Previously, Tennessee had banned same-sex marriage both by statute and its State Constitution.

Despite same-sex marriage being legal in Tennessee and now enjoying majority support from the public, with a 2021 survey by the Public Religion Research Institute showing that 54% of Tennessee residents supported same-sex marriage, a number of state politicians and officials continue to oppose it. In 2022, an attempt by a group of Republican lawmakers to curb the legal rights of married same-sex couples would have inadvertently created a loophole allowing child marriages and polygamy in the state. The attempt was widely mocked on social media and opposed by a majority of Democratic and Republican politicians. In 2018, House Republicans blocked a bill to ban child marriages because the Family Action Council of Tennessee, a group which opposes same-sex marriage, feared it could interfere with an anti-same-sex marriage lawsuit it had filed in Bradley County; the bill was passed following outcry, and the lawsuit was later dismissed by a circuit court judge in March 2019.

Legal history

Restrictions

In 1996, the Tennessee General Assembly enacted a statute banning same-sex marriages. This ban was struck down by the U.S. Supreme Court on June 26, 2015.

On May 6, 2004, the House of Representatives approved Amendment 1, a constitutional amendment banning same-sex marriage, by a vote of 85–5. On May 19, the Senate approved it by a vote of 28–1. The amendment required approval by the General Assembly in the following year's legislative session. On February 28, 2005, the Senate approved it by a vote of 29–3, and on March 17 the House approved it by a vote of 88–7. On November 7, 2006, Tennessee voters approved the amendment by 81.3% to 18.7%.

Traditional Marriage Day

On March 25, 2013, the Tennessee Senate voted 32–0 in favor of a non-binding resolution making August 31 "Traditional Marriage Day" in Tennessee. On April 18, the Tennessee House of Representatives voted 89–0 in favor of the resolution, and Governor Bill Haslam signed the resolution into law on May 2.

Federal lawsuit

On October 21, 2013, the National Center for Lesbian Rights filed a lawsuit in the U.S. District Court for the Middle District of Tennessee on behalf of several same-sex couples in Tennessee. The case, ''Tanco v. Haslam'', sought to require the state to recognize their marriages established in California and New York. On March 14, 2014, U.S. District Judge Aleta Arthur Trauger granted a preliminary injunction requiring the state to recognize the marriages of the plaintiff couples. The state defendants appealed ''Tanco'' to the Sixth Circuit Court of Appeals, which granted a stay. A three-judge panel heard oral arguments in the case on August 6, 2014, along with same-sex marriage cases originating from Michigan, Ohio, and Kentucky. The Sixth Circuit ultimately ruled in favor of the states and upheld the bans on November 6, 2014.

''Tanco'' was incorporated into '' Obergefell v. Hodges'' and decided along with several other Sixth Circuit court cases related to the legality of state bans on same-sex marriage by the U.S. Supreme Court on June 26, 2015. In a 5–4 ruling, the Supreme Court reversed the Sixth Circuit's judgment and struck down Tennessee's ban. Governor Bill Haslam announced the same day that the state would abide by the court's decision, "We will comply with the decision and will ensure that our departments are able to do so as quickly as possible." The Tennessee Attorney General, Herbert Slatery, issued the following statement: "Today's United States Supreme Court decision not only changes the definition of marriage, but takes from the states and their citizens the longstanding authority to vote and decide what marriage means. To the Tennessee citizen who asks 'Don't we get a chance to vote on this in some way?' the answer from the Supreme Court is a resounding, 'No, you do not.' For the Court to tell all Tennesseans that they have no voice, no right to vote, on these issues is disappointing. The Court, nevertheless, has spoken and we respect its decision. Our office is prepared to work with the Governor and the General Assembly, as needed, to take the necessary steps to implement the decision." Representative Marsha Blackburn said she was "disappointed", and the Lieutenant Governor of Tennessee, Ron Ramsey, said the ruling was an "unfortunate and fundamentally wrong opinion". Representative Jim Cooper from Tennessee's 5th congressional district said, "Love and equality win. I'm glad the Supreme Court ruled on the right side of history." Representative Steve Cohen from Tennessee's 9th congressional district said, "I hope today's Supreme Court ruling can put this issue to rest. ..As we have seen today, courage and justice always overcome cowardice and prejudice.", and the Mayor of Nashville, Karl Dean, said he was "pleased" with the court ruling.

24 same-sex couples were married in Nashville that Friday, June 26, starting with Nikki and Lauren Von Haeger on Friday morning. Bradley Foreman and Chris Brower were the first couple to receive a license in Memphis on June 26. The following counties did not immediately issue marriage licenses to same-sex couples in the wake of the ''Obergefell'' ruling: Decatur, Grundy, Marion, Obion and Warren, but all have since begun issuing licenses. By June 30, 2015, all of Tennessee's 95 counties were either issuing marriage licenses to same-sex couples or had announced their willingness to do so. Trauger issued a final injunction in ''Tanco'' on August 24, 2015, enjoining the state from enforcing its same-sex marriage bans.

Developments after legalization

On January 20, 2016, a House subcommittee voted 1–4 to reject a bill called the ''Natural Marriage Defense Act'' which sought to overrule the Supreme Court ruling. Representative Mike Carter had concerns over the legal basis for ignoring the Supreme Court's ruling, labeling it "nullification". Carter was joined by another Republican and two Democrats in rejecting the bill. The ''Natural Marriage Defense Act'' was reintroduced to the Tennessee General Assembly on February 8, 2017, with 13 Republican cosponsors. According to legislative analysts, the bill would have cost the state over $9 million if approved. Opponents argued that the bill was unconstitutional and a violation of ''Obergefell''. On March 29, a House subcommittee decided to delay debate on the bill until at least 2018. In January 2018, the bill was withdrawn. It was reintroduced in February 2019, but died without a vote.

In 2022, Representative Tom Leatherwood introduced a bill that would have allowed opposite-sex couples to file marriage "contracts" based on common-law marriage principles, but the contracts would not have been available to same-sex couples. The bill was cosponsored by 18 other Republican lawmakers, and its companion bill in the Senate was introduced by Senator Janice Bowling. Leatherwood said, "So, all this bill does is give an alternative form of marriage for those pastors and other individuals who have a conscientious objection to the current pathway to marriage in our law." Critics argued that it was a "deliberate effort" to circumvent ''Obergefell'' and could lead to costly legal battles. Representative Mike Stewart quickly pointed out that the bill did not contain an age limit. Representative Torrey Harris

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