A bill that died in the House last year found its way back into the House Civil Justice Subcommittee on January 17. And then found itself taken “off notice,” which means it will only come back for review at the sponsor’s will.

This bill that seems to keep coming back is HB0892, the “Tennessee Natural Marriage Defense Act.” The original bill back in 2017 was sponsored by Rep. Mark Pody, [R] and Sen. Mae Beavers, [R]. Currently, the bill is sponsored by Rep. Ryan Williams, [R]. The bill, which is opposed by supporters of same-sex marriage, reads: “HB0892: Marriage – As introduced, enacts the ‘Tennessee Natural Marriage Defense Act,’ which states the policy of Tennessee to defend natural marriage between one man and one woman regardless of any court decision to the contrary. – Amends TCA Title 36.”

The passing of this bill would put the state of Tennessee directly at odds with the 2015 Supreme Court decision Obergefell v. Hodges, recognizing same-sex marriages as legal across the nation. Before the bill was delayed until this most recent session of legislature, the authors had added an amendment stating that the Supreme Court case doesn’t apply to Tennessee, and that the state is free to do what it wants within its own borders.

The bill would provide protections to those who refuse to marry same-sex couples, and the authority to deny marriage applications to couples deemed to have an unlawful or invalid marriage.

The bill was tabled until this most recent session in January, where it was once again taken off the calendar. Its future is unsure but it may come back around. It’s also worth noting the original sponsors of the Natural Marriage Defense Act bill were also behind a controversial bathroom bill specifying which bathrooms transgender students were allowed to use. That bill also failed to make it through the Senate.

As LGBTQ and civil rights groups protest HB0892 as discriminatory, analysts point out that Tennessee can lose over $9 billion in federal funding for health and human services if the law passes. And, this number doesn’t include any potential loss of revenue from marriage licenses or lost business, or lawsuits if the law does ever pass.

The attorneys at Miller Upshaw Family Law are proud to uphold the rights of our LGBTQ clients. Same-sex marriage is legal throughout the country and remains so in Tennessee. We advocate for our clients and all of their legal needs, and have decades of combined experience in the nuances of same-sex marriage, divorce, and family issues.

If you are looking for compassionate and experienced representation, the Nashville legal team at Miller Upshaw Family Law, PLLC, is here to advocate for you during this difficult time in your life. We can answer your questions and recommend the best next steps for you. Please call 615-391-4200 or use our contact form to reserve an appointment with our dedicated legal team.