Lawmakers file 'Tennessee Natural Marriage Defense Act'

Tennessee lawmakers promised some sort of legislative response after the U.S. Supreme Court ruled same-sex marriage legal for every state in the country.

On Thursday two state Republican lawmakers unveiled their answer: a bill that they believe voids the Supreme Court decision and continues to define marriage under Tennessee law as a union between a man and a woman.

"Natural marriage between one (1) man and one (1) woman as recognized by the people of Tennessee remains the law in Tennessee, regardless of any court decision to the contrary," the bill states.

"Any court decision purporting to strike down natural marriage, including (a recent U.S. Supreme Court decision), is unauthoritative, void, and of no effect."

Rep. Mark Pody, R-Lebanon, and Sen. Mae Beavers, R-Mt. Juliet, filed the "Tennessee Natural Marriage Defense Act" on Thursday, the same day roughly 400 people attended a "Religious Liberty Rally" at the State Capitol in Nashville.

"Marriage is between a man and a woman in Tennessee," Pody yelled, to roars from the crowd.

"We're going to tell the attorney general, he will defend marriage in Tennessee as it is written on our constitution," Beavers said, immediately after Pody.

It's unlikely the bill would be found constitutional if passed.

In 2006 Tennessee voters overwhelmingly supported an amendment to the constitution that banned same-sex marriage. But the recent Supreme Court case ruled states cannot ban same-sex couples from receiving marriage licenses and must recognize same-sex marriages officiated in other states.

Gov. Bill Haslam and Tennessee Attorney General Herbert Slatery, both Republicans, said they didn't agree with the ruling, but they said Tennessee would follow the Supreme Court. Every county clerk in Tennessee is issuing same-sex marriage licenses.

It's unclear what effect the new bill would have if enacted on those licenses in Tennessee. The eight-page bill consists mainly of reasons why Pody and Beavers believe Tennessee can and should ignore the Supreme Court.

"Whereas, not all orders claiming authority under color of law are in fact lawful," the bill reads in part.

"Whereas, unlawful orders, no matter their source — whether from a military commander, a federal judge, or the United States Supreme Court — are and remain unlawful, and should be resisted."

The bill says the attorney general must defend any state or local official from 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.

Other lawmakers already introduced a bill to "protect" clergy members from being forced to officiate same-sex weddings. Nowhere in the Supreme Court ruling does it say pastors or preachers must officiate any wedding.

Lawmakers return to legislative work when the General Assembly reconvenes in January.

Reach Dave Boucher at 615-259-8892 and on Twitter @Dave_Boucher1.