Same-sex marriage in Tennessee

Same-sex marriage in 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

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

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, seeks 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 US Supreme Court ruling. The bill died in a 4-1 vote. Rep. 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 to reject the bill.^[10]

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.^[11]

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.^[12]

In June 2016, a Williamson County judge, while declaring his opposition to Obergefell v. Hodges, dismissed the lawsuit filed in January. The judge determined that the plaintiffs couldn’t show they'd been harmed by the Obergefell ruling.^[13]

Resolutions of support/opposition

In September 2015, the Greene County Commission passed a resolution expressing opposition to same-sex marriage.^[14] Similar resolutions were subsequently approved in the counties of Carter, Dickson, Hawkins, Johnson, McMinn, Morgan, Sullivan and Unicoi.^[15][16][17] Washington County rejected such a resolution.^[18] Davidson County, on the other hand, approved a resolution expressing support of same-sex marriage and asked state lawmakers to reject anti-gay bills.^[19]

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.^[20]

Domestic partnerships

Certain jurisdictions in Tennessee provide for the creation of private domestic partnership contracts agreements.^[21] Governor Bill Haslam and State House Majority Leader Gerald McCormick both said there was no huge demand for domestic partnerships in Tennessee.^[22]

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 in the city of Collegedale. It went into effect on January 1, 2014.^[23]

Knoxville

In October 2013, the mayor of Knoxville, Madeline Rogero, created a domestic partnership program for the city. It went into effect on January 1, 2014.^[24]

Chattanooga

On November 12, 2013, the Chattanooga City Council voted 5-4 in favor of allowing domestic partnership benefits for same-sex couples in the city of Chattanooga.^[25] On November 19, 2013, the city council in a final vote, voted 5-3 in favor of allowing domestic partnership benefits.^[26]

Before the domestic partnership ordinance went into effect,^[27] the Citizens for Government Accountability and Transparency, a local segment of the Tea Party, gathered enough signatures to put repeal of the ordinance to a popular vote in August 2014.^[28][29] 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.^[30]

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.^[31]

On August 7, 2014, the voters of Chattanooga repealed Ordinance 12781 was by a vote of 62.58% in favor and 37.42% against.^[32]

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 into law.^[33][34]

Public opinion

A January 2011 poll by Vanderbilt University found that 26.7% of respondents favored marriage equality, with 69.4% opposed.^[35]

A March 2013 poll by Middle Tennessee State University showed 62% of respondents oppose same-sex marriage, with 28% in support.^[36]

A May 2013 poll by Vanderbilt University survey of Tennessee registered voters found that 49% of Tennessee voters supported the legal recognition of same-sex couples, with 32% supporting same-sex marriage, 17% supporting civil unions but not marriage, 46% favoring no legal recognition, 3% said they don't know, and 2% refused to answer. It also found that 69% of Tennessee voters under the age of 30 supported the legal recognition of same-sex couples.^[37] A separate question on the same survey found that 62% of Tennessee voters supported domestic partner benefits for same-sex couples, 31% opposed, 4% said they don't know, and 2% refused to answer.^[38]

A February 2014 poll by Middle Tennessee State University showed 26% of Tennessee voters support the freedom to marry, with 64% opposed. The level of opposition was 62% in the same survey conducted a year earlier.^[39]

A February 2015 poll by Middle Tennessee State University showed 55% of Tennessee voters oppose same-sex marriage.^[40]

A November 2015 poll by Middle Tennessee State University showed 57% of Tennessee voters oppose same-sex marriage, with 29% in favor of such unions.^[41]

See also

• LGBT rights in Tennessee
• Tennessee Equality Project
• Status of same-sex marriage
• Timeline of same-sex marriage

References