Legislation that has been dubbed the “Anti-Obergefell Bill” passed the Tennessee House on Thursday.
HB1473, passed the House with 68 ayes and 24 nays and was introduced by Rep. Gino Bulso (R-Brentwood). The bill said private groups and residents are not required to uphold the Supreme Court of The United States’ (SCOTUS) ruling in Obergefell v. Hodges.
These individuals would not be required to recognize same-sex unions as marriages.
The legislation also protects attorneys from retribution from the board of professional responsibility if they choose to not officiate a same-sex wedding.
“This is a bill that does not change existing law — it simply clarifies existing law,” Bulso said. “It provides that the Fourteenth Amendment and the U.S. Supreme Court’s interpretation of that amendment in its Obergefell v. Hodges’ decisions in 2015 are not binding on private citizens.”
Bulso said the bill does not deny equal protection by the state to anyone.
Rep. John Ray Clemmons (D-Nashville) raise concerns regarding the bill. He said if Bulso had a disagreement with Supreme Court precedent, he should challenge it in the courts, not through violating the Constitution.
“We do not have the authority to do what we’re trying to do here today,” Clemmons said. “To characterize or mischaracterize this as ‘already the law, and we’re simply clarifying it’ is a gross exaggeration not only of the power of this body, but also what we’re attempting to do here, which is to deny humans, fellow citizens, equal rights.”
Clemmons called the legislation “inherently flawed” and encouraged lawmakers to vote against it.
The Tennessee Equality Project released the following statement on the bill’s passage:
“Attacking the recognition of people’s marriages is one of the worst ways for the Tennessee House to spend its time. This bill sows fear about the very protections that give families security and it fails to address real problems in our state like emergency preparedness and the affordability crisis. Hate won today, but those of us fighting for love and our families will prevail here or in the courts.”