The Tennessee House passed a bill on 19 February that would allow private citizens and organisations to refuse to recognise same-sex marriages as legitimate.
HB1473, which was written by Republican Representative Gino Bulso and refers to LGBTQ+ marriages as “purported marriages”, received overwhelming support from Bulso’s Republican Tennessee peers, passing 68-24.
Democrats on the House floor argued that the new bill goes against Obergefell v. Hodges. In response, Bulso said: “It was the U.S. Supreme Court on June the 26th of 2015 that overstepped its bounds and invented this right to marriage of individuals of the same sex, despite there being no support whatsoever in the language of the 14th Amendment for that proposition.”
He insisted that the new bill was only meant to “clarify” the 14th Amendment of the US Constitution and the Obergefell v. Hodges ruling on public versus private when it comes to dealing with same-sex marriage.
Republican Representative Monty Fritts, who was in favour of the bill, said: “The court decided to redefine something that Almighty God had not given that court the authority to redefine.”
House Democratic Caucus Chair Rep. John Ray Clemmons called the bill “inherently flawed” and a “slap in the face of the very spirit of the 14th Amendment”.
If the bill becomes law, private citizens and businesses – which includes things like hospitals, insurance companies and banks – could choose to not recognise same-sex marriages. It would also protect said citizens and organisations from being disciplined or sanctioned for declining to officiate same-sex marriages.