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

Gov. Bill Lee (R) of Tennessee
Photo: Tennessee Governor’s Office

Tennessee Gov. Bill Lee (R) has signed a bill that states individuals “shall not be required to solemnize a marriage” if they object based on their “conscience or religious beliefs.”

The language of H.B. 878 focuses on “solemnization” – the act of performing a wedding ceremony. The list of people who can legally solemnize a marriage under Tennessee law includes all religious leaders, judges, county clerks, notary publics, and other mayors and legislative members.

LGBTQ+ advocates believe the legislation is designed to give these officials the right to discriminate against LGBTQ+ couples, though state Rep. Monty Fritts (R), the bill’s primary House sponsor, said the bill is intended to stop young people from committing elder abuse by marrying old people to access their bank accounts.

When the legislation was introduced last year, some took it to mean clerks could…

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