Same-sex marriage in Tennessee

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  1. Performed statewide in 24 states and Mexico City, in certain municipalities in two other states, and recognized by all states in such cases.
  2. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
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  4. Not recognized in Caribbean overseas territories, though marriage-equivalent ordered for the Cayman Islands.
  5. Neither performed nor recognized in American Samoa or some tribal nations.
  6. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in some cities.
  7. Degree of recognition unknown. No actual cases to date.
  8. Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).
  9. Recognition of foreign marriage for parental rights
  10. Unregistered cohabitation or Maitri Karar–type contractual relationships
  11. Some cities and prefectures issue certificates for same-sex couples, but they are not legally binding.
  12. Foreign same-sex spouses are eligible for a "Non-Tourist Visa" as a dependent
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Same-sex marriage in the U.S. state of Tennessee became legal with the U.S. Supreme Court ruling in Obergefell v. Hodges on June 26, 2015. That day, Governor Bill Haslam announced the state would follow the judicial order, and same-sex couples began to marry in Tennessee.[1]

Same-sex marriage[]

Statute[]

In 1996, Tennessee enacted a statutory ban on same-sex marriage.[2] This ban was overturned by the Supreme Court of the United States on June 26, 2015.

Constitution[]

Main article: Tennessee Marriage Protection Amendment

On May 6, 2004, the state House of Representatives approved by a vote of 85-5 Amendment 1, a constitutional amendment banning same-sex marriage. On May 19, the state Senate approved it by a vote of 28-1. The next year, on February 28, 2005, the Senate approved it by a vote of 29-3. On March 17, the House approved it by a vote of 88-7.[3] On November 7, 2006, Tennessee voters approved the amendment by a vote of 81.3% to 18.7%.[4]

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. Governor Bill Haslam signed the resolution into law on May 2.[5]

Federal lawsuit[]

Tanco v. Haslam[]

Main article: Tanco v. Haslam

On October 21, 2013, the National Center for Lesbian Rights filed a lawsuit in U.S. district court 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 Trauger granted a preliminary injunction requiring the state to recognize the marriages of the plaintiff couples.[6] The state defendants appealed Tanco to the U.S. Court of Appeals for the Sixth Circuit, 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.[7] The Sixth Circuit ultimately ruled in favor of the states and upheld the bans on November 6, 2014.[8]

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.[1][9]

After Obergefell v. Hodges[]

Legislation[]

On January 20, 2016, a House subcommittee rejected a bill, the Natural Marriage Defense Act, which sought to overrule the U.S. Supreme Court ruling. The bill died in a 4-1 vote. 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.[10]

On February 8, 2017, the Natural Marriage Defense Act was reintroduced to the Tennessee General Assembly. The bill was sponsored by 13 lawmakers, all Republicans. According to legislative analysts, the bill would have cost the state over 9 million U.S. dollars if approved. Opponents argued the bill was unconstitutional and a violation of Obergefell.[11] On March 29, a House subcommittee decided to delay debate on the bill until at least 2018.[12][13] In January 2018, the bill was withdrawn.[14][15] It was reintroduced in February 2019,[16] but died without a vote in either the House or Senate.[17]

Status of counties[]

Initially, the following Tennessee counties did not issue marriage licenses to same-sex couples: Decatur, Grundy, Marion, Obion and Warren, but all of them have since relented.

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.[18]

Legal challenges[]

In January 2016, a conservative lawyer filed a lawsuit in Williamson County seeking to stop same-sex marriages in Tennessee. A similar lawsuit was filed in Bradley County in February.[19]

In June 2016, a Williamson County judge, while declaring his personal opposition to Obergefell v. Hodges, dismissed the lawsuit filed in January. The judge determined that the plaintiffs could not show they had been harmed by the Obergefell ruling.[20] This decision was upheld by the Tennessee Court of Appeals in May 2018.[21] The court's opinion said: "None of the citizen plaintiffs alleged that they were denied a marriage license; instead, they complain of the issuance of marriage license to others."

The Bradley County lawsuit, which was originally filed by David Fowler (president of the Family Action Council of Tennessee), on behalf of a local pastor and a county commissioner, sought to prevent the county clerk from issuing marriage licenses to same-sex couples. Fowler accused the Supreme Court of "usurping" the Tennessee General Assembly's right to define marriage, and that because it has yet to modify its marriage-related laws, all marriages performed since Obergefell (whether same-sex or opposite-sex) are invalid. The county clerk had requested that the case be dismissed. A hearing on whether to dismiss the lawsuit was held in December 2017.[22] In March 2018, House Republicans killed a proposed bill to ban child marriages due to opposition from the Family Action Council which feared that the bill could interfere with their lawsuit. The move received considerable media coverage. Representative Darren Jernigan, the bill's main sponsor, said: "Basically, what has happened is the Family Action Council wants to continue to let 13-year-olds get married in the state at the sake of their court case against same-sex couples. It's disgraceful. I'm embarrassed for the State of Tennessee, and I can only pray that we bring this back next year and not let them get in the way."[23] The bill was revived due to political pressure, passed, and signed into law in May 2018 by Governor Haslam, preventing anyone younger than 17 from marrying in Tennessee.[24] Eventually, the case was dismissed by a circuit court judge in March 2019. According to the Cleveland Daily Banner, the lawsuit cost the county between 15,000 and 70,000 dollars.[25]

In June 2019, a video was revealed showing Craig Northcott, district attorney for Coffee County, saying that he intended to prosecute assaults within same-sex marriages as regular assaults, not as domestic assaults (which would be punished more severely). Northcott's reason was rooted in his personal opinion. He said that enhanced charges were introduced "to recognize and protect the sanctity of marriage. And I said there's no marriage to protect [between people of the same sex]. So I don't prosecute them as domestics."[26]

In December 2019, a group of Christian ministers filed a lawsuit alleging the state is violating the Tennessee Constitution by issuing marriage certificates to same-sex couples.[27] The suit has no chance of succeeding, as the U.S. Constitution guarantees same-sex couples the right to marry under Obergefell.[28]

Resolutions of support/opposition[]

In September 2015, the Greene County Commission passed a resolution expressing opposition to same-sex marriage. Similar resolutions were subsequently approved in the counties of Carter, Dickson, Hawkins, Johnson, McMinn, Morgan, Sullivan and Unicoi.[29][30][31] Hamblen and Washington counties rejected such resolutions.[32] Davidson County, on the other hand, approved a resolution expressing support for same-sex marriage and asked state lawmakers to reject anti-gay bills.[33]

On March 3, 2016, the state House passed a resolution expressing opposition and disagreement with the Supreme Court ruling. The resolution was approved in a 73-18 vote.[34]

Marriage statistics[]

From June 26, 2015 to early February 2016, 101 same-sex marriage licenses were issued in Hamilton County, accounting for 7% of all licenses. Neighboring counties including Bradley and Rhea issued 12 and 3, respectively.[35]

2018 estimates from the United States Census Bureau showed that there were about 18,000 same-sex households in Tennessee. The Bureau estimated that 52% of these couples were married.[36]

Domestic partnerships[]

See also: Cities and counties in the United States offering a domestic partnership registry § Tennessee

Certain jurisdictions in Tennessee provide for the creation of private domestic partnership contracts agreements.[37] Governor Bill Haslam and State House Majority Leader Gerald McCormick both said there was no huge demand for domestic partnerships in Tennessee.[38]

Map of Tennessee counties and cities that offer domestic partner benefits either county-wide or in particular cities.
  City offers domestic partner benefits
  County-wide partner benefits through domestic partnership
  County or city does not offer domestic partner benefits

Collegedale[]

In August 2013, the Collegedale City Commission voted 4-1 in favor of allowing domestic partnership benefits for same-sex couples. The ordinance went into effect on January 1, 2014.[39]

Knoxville[]

In October 2013, Knoxville Mayor Madeline Rogero created a domestic partnership program for the city. It went into effect on January 1, 2014.[40]

Chattanooga[]

On November 12, 2013, the Chattanooga City Council voted 5-4 in favor of allowing domestic partnership benefits for same-sex couples.[41] On November 19, 2013, the City Council in a final vote voted 5-3 in favor of allowing domestic partnership benefits.[42]

Before the domestic partnership ordinance went into effect,[43] the Citizens for Government Accountability and Transparency, a local segment of the Tea Party, gathered enough signatures to put a repeal of the ordinance to a popular vote in August 2014.[44][45] The City Council did not repeal the ordinance on its own, allowing the vote to proceed on August 7, the general election date for Hamilton County.[46]

A December 2013 Multi-Quest poll found that 53% Chattanooga registers voters opposed the city ordinance allowing domestic partnerships and adding sexual orientation, gender identity and gender expression to the city's nondiscrimination policy, while 37% supported.[47]

On August 7, 2014, the voters of Chattanooga repealed the ordinance by a vote of 62.58% in favor and 37.42% against.[48]

Nashville and Davidson County[]

On June 17, 2014, the Metro Council voted 27-7, in a third and final reading, in favor of allowing domestic partnership benefits for same-sex couples in the city of Nashville and Davidson County. On June 25, 2014, Mayor Karl Dean signed the ordinance.[49][50]

Public opinion[]

See also: Public opinion of same-sex marriage in the United States

Opinion polls of Tennessee registered voters were periodically conducted by Vanderbilt University, Middle Tennessee State University (MTSU), and the Public Religion Research Institute (PRRI).

According to a January 2011 Vanderbilt survey, 27% of respondents supported same-sex marriage, while 69% opposed.[51] Another Vanderbilt poll conducted in May 2013 showed 32% of Tennessee voters as supporting same-sex marriage, 17% civil unions but not marriage, and 46% opposed to either type of legal recognition. Voters under age 30 were overwhelmingly more likely to support one of these types of legal recognition.[52] When the same survey asked about domestic partner benefits, 62% expressed support and 31% opposition.[53]

A Middle Tennessee State University survey, conducted in March 2013, found that 28% of respondents supported same-sex marriage and 62% were opposed.[54] A similar poll from January 2014 showed 26% support and 64% opposition,[55] while a poll from January 2015 showed 32% support and 55% opposition.[56] Another MTSU opinion poll, conducted in November 2015 after the legalization of same-sex marriage, found support at 29% and opposition at 57%.[57]

A Vanderbilt poll from November 2016 found support for same-sex marriage at 32% and opposition at 45%.[58]

A PRRI survey from 2016 showed that 46% of Tennesseans supported same-sex marriage, whereas 43% were opposed, the first time a poll found more support than opposition.[59] A similar survey from 2017 showed 46% support and 45% opposition.[60]

See also[]

References[]

  1. ^ a b Barchenger, Stacey (June 26, 2015). "Same-sex marriages begin in Nashville after Supreme Court ruling". The Tennessean. Retrieved June 26, 2015.
  2. ^ "State Laws Prohibiting Recognition of Same-Sex Relationships" (PDF).
  3. ^ Bill Information for SJR0031. Tennessee General Assembly.
  4. ^ Davey, Monica (November 9, 2006). "Liberals Find Rays of Hope on Ballot Measures". New York Times. Retrieved September 21, 2014.
  5. ^ "Tennessee Dedicates 'Traditional Marriage Day,' While Gay Marriage Remains Banned". The Huffington Post. April 24, 2013.
  6. ^ Snow, Justin (March 14, 2014). "Tennessee ordered to recognize same-sex couples' marriages". Metro Weekly. Archived from the original on March 15, 2014. Retrieved March 14, 2014.
  7. ^ Keen, Lisa (August 7, 2014). "Sixth Circuit GOP judges: Why not let the voters decide who gets to marry?". Keen News Service. Retrieved August 14, 2014.
  8. ^ Margolin, Emma (November 6, 2014). "6th Circuit upholds same-sex marriage bans". MSNBC. Retrieved June 26, 2015.
  9. ^ Glum, Julia (June 26, 2015). "Gay Marriage Supreme Court Decision: Same-Sex Couples Can Marry After Obergefell v. Hodges Ruling". International Business Times. Retrieved June 26, 2015.
  10. ^ "Tennessee House Panel Rejects Natural Marriage Defense Act". The Advocate. January 21, 2016.
  11. ^ "'Natural Marriage' bill could cost Tennessee over $9B". Tennessean. March 23, 2017.
  12. ^ "'Natural Marriage' act delayed until next year". Tennessean. March 29, 2017.
  13. ^ "TN HB0892 110th General Assembly". LegiScan.
  14. ^ "Tennessee bill against same-sex marriage back in the General Assembly". FOX17 Nashville. January 17, 2018.
  15. ^ "Tennessee House Bill 892". LegiScan.
  16. ^ "Bill banning gay marriage introduced in Tennessee". WVLT-TV. February 18, 2019.
  17. ^ "TN HB1369 111th General Assembly". LegiScan.
  18. ^ Stacey Barchenger (30 June 2015). "All TN counties ready to issue gay marriage licenses". The Tennessean.
  19. ^ Walton, Judy (February 4, 2016). "Gay marriage back on radar with new Bradley County lawsuit". Chattanooga Times Free Press.
  20. ^ "Judge dismisses one state lawsuit against same-sex marriage". knoxblogs.com.
  21. ^ Appellate court dismisses anti same-sex marriage lawsuit against Williamson County Clerk, Tennessean, May 25, 2018
  22. ^ "Bradley County clerk seeks dismissal of marriage-license lawsuit". Chattanooga Times Free Press. December 14, 2017.
  23. ^ House Republicans effectively kill anti-child marriage bill, cite possible case against gay marriage, March 7, 2018, The Tennessean
  24. ^ "Gov. Bill Haslam signs law banning Tennessee marriage of minors under 17". The Tennessean. Retrieved 2018-05-31.
  25. ^ Tim Siniard (March 16, 2019). "Same-sex marriage license lawsuit dismissed". Cleveland Daily Banner.
  26. ^ "DA: Gay people not entitled to domestic violence protections". WTVF. 2019-06-03. Retrieved 2019-06-04.
  27. ^ "Christian ministers say gay marriage not protected in Tennessee Constitution". FOX17 Nashville. December 24, 2019.
  28. ^ "Lawyer says Tennessee's county clerks are violating state constitution by allowing same-sex marriage". Chattanooga Times Free Press. January 7, 2020.
  29. ^ "Washington County drafts resolution opposing same-sex marriage". Johnson City Press. January 11, 2016.
  30. ^ "Dickson Co. Commissioners Pass Resolution Against Same-Sex Marriage". News Channel 5. January 19, 2016.
  31. ^ "Hawkins County approves antigay marriage resolution". LGBTQ Nation. January 27, 2016.
  32. ^ "Anti-same-sex-marriage resolution fails in Hamblen County". Knox News. December 21, 2017.
  33. ^ "Nashville council asks state to oppose anti-gay marriage bills". Tennessean. February 3, 2016.
  34. ^ "Tennessee House passes resolution criticizing same-sex marriage decision". Tennessean. March 3, 2016.
  35. ^ Tulis, David (February 10, 2016). "Gays get 7% of marriage licenses in Hamilton County, 2% elsewhere". nooganomics.com. Archived from the original on May 18, 2016.
  36. ^ "Characteristics of Same-Sex Couple Households: 2005 to Present". census.gov.
  37. ^ "Domestic Partnerships". She Moskovitz & Mcghee. Archived from the original on 2013-10-23.
  38. ^ "No Tennessee plans for same-sex benefits". timesfreepress.com. September 8, 2013.
  39. ^ "Collegedale first TN city to offer benefits to same-sex domestic partners". 5wmctv.com. Aug 6, 2013.
  40. ^ "Knoxville expanding employee benefits to same-sex, domestic partners". WBIR. October 17, 2013.
  41. ^ "City Council Passes Controversial Domestic Partners Ordinance". chattanoogan.com. November 12, 2013.
  42. ^ "In final vote, Chattanooga City Council approves same sex benefits". timesfreepress.com. November 19, 2013.
  43. ^ "City Ordinance Ready That Grants "Domestic Partners" Same Healthcare, Medical Benefits". chattanoogan.com. November 1, 2013.
  44. ^ "Chattanooga Tea Party Hosting Forum on Domestic Partnership Ordinance". newschannel9.com. November 15, 2013.
  45. ^ "Petitions block Chattanooga's new domestic partner benefits law". timesfreepress.com. December 14, 2013.
  46. ^ "Chattanooga residents to vote on domestic partner benefits". timesfreepress.com. January 8, 2014.
  47. ^ "Poll: Chattanooga voters oppose domestic partnership ordinance". nooga.com. January 8, 2014.
  48. ^ "Ordinance 12781". Archived from the original on August 9, 2014.
  49. ^ "Metro Council approves domestic partner benefits". The Tennessean. June 17, 2014. Retrieved August 21, 2014.
  50. ^ Mayor Signs Domestic Partner Benefits Into Law
  51. ^ "RESULTS OF JANUARY 2011 VANDERBILT POLL" (PDF). Vanderbilt University. Retrieved February 24, 2019.
  52. ^ "In Tennessee, Gay Marriage Has Young Doubting Republicans". Bloomberg. Jun 3, 2013.
  53. ^ "END OF LEGISLATIVE SESSION 2013" (PDF). Vanderbilt University. May 14, 2013.
  54. ^ "Poll: 62 percent in Tennessee against gay marriage". The Knoxville News Sentinel. March 5, 2013.
  55. ^ "Tennesseans open to allowing medical marijuana use". Lebanon Democrat. 2015-12-18. Retrieved 2019-06-04.
  56. ^ "MTSU Poll: Measures Tennessean's Opinions on Abortion, Same-Sex Marriage, Gas Tax Increase". Sidelines. 2015-02-07. Retrieved 2019-06-04.
  57. ^ "Poll: Most Tennesseans oppose same-sex marriage". Nov 9, 2015.
  58. ^ Patterson, Jim. "Vanderbilt Poll: Tennesseans optimistic as Trump era begins". Vanderbilt University. Retrieved 2016-12-22.
  59. ^ "PRRI – American Values Atlas". ava.prri.org. Retrieved 2019-06-04.
  60. ^ "PRRI – American Values Atlas". ava.prri.org. Retrieved 2019-06-04.
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