GOP Governor Signs Legislation That Would Allow Public Officials To Deny Performing Same-Sex Marriages Based On Their Beliefs.

Tennessee Republican Gov. Bill Lee signed legislation Wednesday permitting public officials to refuse to perform same-sex marriages if they object based on their “conscience or religious beliefs.”

“Even though the bill doesn’t specifically address same-sex marriages, critics say it means LGBTQ+ couples could be denied their right to marry,” KATC reported last week.

House Bill 878 “states that a person is not required to solemnize a marriage if the person has an objection to solemnizing the marriage based on the person’s conscience or religious beliefs.”

The Hill reports:

The bill does not allow officials to deny marriage licenses to couples based on their beliefs but prevents officials from being required to solemnize a marriage.

The State House first passed the bill in March 2023, but the State’s General Assembly booted it to 2024 for consideration.Lee was thrown into the spotlight last year after signing a bill that became the first-in-the-nation restriction on drag performances, and banned gender-affirming health care for transgender youth. A federal judge later ruled that the restrictions on drag shows were unconstitutional.

The legislation has faced some criticism from LGBTQ advocacy organizations. Molly Whitehorn, associate director of regional campaigns for the Human Rights Campaign, said last week the bill was “intended to exclude LGBTQ+ folks from equal protection under the law.”

Tennessee Republicans argued that the bill was not meant to discriminate against same-sex couples or prevent them from getting married. State Sen. Mark Pody (R), the bill’s primary sponsor in the Senate, said on the Senate floor last week that the bill has “nothing to do with getting a license.”

Per KATC:

LGBTQ+ groups, like the Tennessee Equality Project, say the law creates confusion for same-sex couples. Ministers and priests already have the right to deny same-sex marriages in the state.One of the bill’s sponsors says the bill is “designed to protect the rights of officiants at wedding ceremonies.”

“I don’t think there’s any law that says I have to go through, but there’s no law I’m not required to either — so this would just make it clear,” said Sen. Mark Pody.

The legislation will likely face a court challenge due to the U.S. Supreme Court’s 2015 ruling in Obergefell v. Hodges.

Just the News noted:

The Supreme Court in 2015 ruled in Obergefell v. Hodges that states must both recognize and perform same-sex marriages on constitutional grounds.In December of 2022, President Joe Biden signed the “Respect for Marriage Act” into law, codifying certain protections for same-sex couples and interracial pairings.

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