Stacey Barchenger

USA TODAY NETWORK – Tennessee

A bill that would direct Tennessee officials to essentially ignore the U.S. Supreme Court ruling legalizing same-sex marriage could cost the state more than $8.5 billion, according to the bill's fiscal note.

That figure includes the federal funding the state receives for programs such as TennCare that could get yanked if the state goes against the federal court's order.

TennCare receives about $6.5 billion in federal funding, and the Department of Human Services receives more than $2 billion for its Supplemental Nutrition Assistance Program and Temporary Assistance for Needy Families aid programs, according to the fiscal note.

"The provisions of the bill could jeopardize federal funding if it is determined the state is noncompliant with federal law," the fiscal note reads.

The bill is the Tennessee Natural Marriage Defense Act. It is a response to the U.S. Supreme Court's ruling in June legalizing same-sex marriage nationwide.

Sponsored by Rep. Mark Pody, R-Lebanon, the bill calls on the attorney general to defend any state or local official in any lawsuit that could — and would — arise if the bill is enacted. It also says no state or local agency may enforce the U.S. Supreme Court ruling, or any other decision that might allow same-sex marriage. Officials abiding by the bill, if enacted, couldn't be fined or arrested for ignoring the U.S. Supreme Court, the bill states.

Lawmakers file 'Tennessee Natural Marriage Defense Act'

Pody said he would work with the Fiscal Review Committee to determine how the estimate was reached and how to decrease the cost.

"I am a fiscal conservative, so I'm one that would want that to be addressed properly," he said. Pody said he would continue to pursue the legislation.

The Tennessee Equality Project, which advocates for LGBT people, sent out an alert about the "pretty hefty" cost of the bill late Wednesday.

"The estimated expense to the state shows how reckless it is to pursue discrimination," said Chris Sanders, executive director of the Tennessee Equality Project. "When we canvassed voters in conservative districts this fall, they agreed that it was not even worth it for the legal costs of a couple of million dollars. Now, some legislators are endangering billions of dollars in federal funding, not to mention threatening the health insurance, hospital visitation and parenting arrangements of same-sex couples."

Read the full fiscal note, which includes analysis of the costs, here.

Reach Stacey Barchenger at 615-726-8968 or on Twitter @sbarchenger.