HB1473 SB1746 / Allows private citizens and lawyers to refuse recognizing or officiating same-sex marriages.

This bill would amend Tennessee law to say that private citizens and organizations are not bound by the Fourteenth Amendment or the U.S. Supreme Court’s decision in Obergefell v. Hodges (which found a constitutional right to same-sex marriage). In practice, it means that no private individual or faith-based group in Tennessee could be forced to recognize or treat as valid a same-sex marriage.

A second provision shields attorneys from professional discipline if they decline to officiate or otherwise participate in any marriage or commitment ceremony that falls outside the state’s definition of marriage (i.e., a union between one man and one woman). Taken together, these changes aim to protect religious and conscience rights by carving out an exemption from federal constitutional interpretation and removing the threat of sanctions for individuals or entities acting on those beliefs.

Supporters argue that the regulation of marriage is a traditional state function reserved under the Tenth Amendment, and that – from an originalist standpoint – Obergefell represents a judicial overreach. Critics will point out a direct conflict with the Supremacy Clause, since the Supreme Court’s constitutional interpretation normally binds both government and private parties when fundamental rights are at issue. Whether this state law can stand without massive litigation remains an open question.

Ultimately, the bill seeks to reinforce traditional marriage, defend religious liberty, and curtail what proponents see as federal and judicial encroachment on state policymaking. It would take effect July 1, 2026.