New attack on the freedom to marry in Tennessee
Using a bill from last year for yet another threat to marriage equality
To get right to the point, Tennessee’s HB315, which was filed in 2025, is going to be amended in such a way that it strikes at the issuing of marriage licenses to same-sex couples. It is up for a vote in the House Children and Family Affairs Subcommittee on Tuesday, March 3. You can take action against the bill and its proposed amendment at the link.
But let’s back up. It was widely reported in February when HB1473 passed on the House floor. This bill says that the 2015 Obergefell Supreme Court ruling does not apply to private entities. In other words, Tennessee would continue to issue valid marriage licenses to same-sex couples, but the private sector might not recognize such unions. The bill, as we noted, completed its journey in the House, but has not yet been scheduled for a vote in the Senate. That’s the Tennessee marriage bill everyone has been talking about recently.
Back to the new developments: HB315 started out as a Covenant Marriage option for man/woman couples. While discriminatory in its original form, it did not affect the marriage licenses of same-sex couples. The sponsor’s amendment from the Tennessee House Dashboard completely rewrites the old Covenant Marriage bill from last year and begins:
by deleting all language after the enacting clause and substituting
SECTION 1. Tennessee Code Annotated, Section 36-3-104, is amended by
deleting subsection (a) and substituting:
(a) A county clerk or deputy clerk shall not issue a marriage license until the
applicants make an application in writing, stating the names, ages, current
addresses, and social security numbers of both of the proposed male and
female contracting parties.
The existing section of Tennessee law reads:
(a) A county clerk or deputy clerk shall not issue a marriage license until the
applicants make an application in writing, stating the names, ages, current
addresses, and social security numbers of both of the proposed contracting
parties.
The obvious shift: Readily apparent is the shift from gender neutral language to “male and female contracting parties.”
What’s next? The bill hits its first legislative subcommittee on March 3. If passed and signed by the Governor, would county clerks in Tennessee ignore the new law and go on issuing marriage licenses to same-sex couples or would some claim that the confusion in the law means they can’t act? Regardless, if the bill passes, lawsuits will certainly rain down on the state. Perhaps the sponsor wants the marriage issue back before the courts. In November 2025, the Supreme Court declined to hear the challenge by Kim Davis. But before we contemplate things going that far, let’s take action and tell the subcommittee to vote NO on March 3.