Public officials in Tennessee can now refuse to grant a marriage license to anyone at their own discretion, for any reason.

Public officials in Tennessee can now refuse to grant a marriage license to anyone at their own discretion, for any reason.

Republican Gov. Bill Lee signed into law House Bill 878 on Wednesday, which took effect immediately. The bill — just a few sentences in length — only states that “a person shall not be required to solemnize a marriage.” Only state notary publics, government officials, and religious figures can “solemnize” a marriage in Tennessee, according to state code.

None of the sponsors behind the bill have been made public statements on its introduction or passage, nor have they given comment to media organizations. The only known remarks regarding the law from state Rep. Monty Fritts (take a guess), who sponsored it in the House, are from February of last year, when he spoke to the state Subcommittee on Children and Family Affairs.

  • dangblingus@lemmy.dbzer0.com
    0·
    9 months ago

    Isn’t this a federal law though? Is it normal practice to allow states to supercede federal law if they arbitrarily want to?

    • I_Fart_Glitter@lemmy.world
      0·
      9 months ago

      It’s skirting the federal law by allowing all officials to refuse anyone for any reason. If they just said “no gay marriage in this state” or didn’t recognize the union of married gay couples that would be illegal.

      It’s fucked up, and the intention is clear, but I’m sure the remaining officiants that will perform ceremonies for same sex couples will make themselves known and they will be busy.

      • michaelmrose@lemmy.world
        0·
        9 months ago

        If the person doesn’t refuse to solemnize any other people other than gays it will be pretty damn easy to establish what they are doing. Also “religious” figure is pretty up in the air there is an online course that allows anyone to become an officiant. I guess there is money to be made in being a no frills gay officiant of a secular nature.

      • TWeaK@lemm.eeEnglish
        0·
        9 months ago

        I’m sure the remaining officiants that will perform ceremonies for same sex couples will make themselves known and they will be busy.

        Unfortunately they will also likely be targeted by extremists.

        Also, it doesn’t skirt federal law, per the article:

        the Constitution prohibits public officials from discriminating against members of the public based on their personal beliefs

        This might not cover all officiants, eg priests, but it covers state notary publics and government officials, which is really all this law is targeting anyway (I think religious people could already refuse).

        • phx@lemmy.ca
          0·
          9 months ago

          Oh but they’ll still try, and it’ll end up dragging through court just like the last bitch that tried to object on religious grounds (y’know, the one that was divorced multiple times)

      • assassin_aragorn@lemmy.world
        0·
        9 months ago

        I think they can still be sued if it’s shown that they refuse only gay people. If they only married white people for instance they would absolutely be reamed in court.

        What this does do is shift when the lawsuit can happen. Now we have to wait for evidence they they’re discriminating since the law itself is not discriminatory.