Tennessee House passes bill allowing private citizens to refuse recognition of same-sex marriages

NASHVILLE, Tenn. (WSMV) - The Tennessee House of Representatives passed a controversial bill Thursday that would allow private citizens and organizations to refuse to recognize same-sex marriages without facing punishment.

House Bill 1473, filed by Republican Representative Gino Bulso, of Brentwood, would not outlaw same-sex marriages but legally establishes that people outside of government don’t have to recognize same-sex marriages as valid and cannot be punished for it.

The legislation also states that private people and groups aren’t bound by the 14th Amendment to the U.S. Constitution, which guarantees due process and outlaws discrimination at the state level.

Concerns about broader discrimination

Opponents worry the bill would allow private hospitals, banks and other businesses to refuse to do business with gay and lesbian couples. They fear it could eventually allow private discrimination against bi-racial couples, immigrants and others.

“This caption is really far broader than marriage and I think every person in Tennessee should be concerned,” said Chris Sanders of the Tennessee Equality Project.

Representative John Ray Clemmons, a Nashville Democrat, said the legislation could be interpreted broadly.

“Theoretically, you could read that legislation to allow individuals or private organizations to discriminate against someone on the color of their skin,” Clemmons said.

Republican Representative William Lamberth of Portland disagreed.

“Absolutely not. Look at the bill, listen to debate, it does not open the door to that,” Lamberth said.

Bill’s scope and next steps

During Thursday’s debate, Bulso said federal and state laws would prohibit the type of discrimination Democrats and protesters fear. He said his bill only deals with same-sex marriage.

The U.S. Supreme Court ruled same-sex marriage constitutional in 2015 in Obergefell v. Hodges, requiring states like Tennessee to license them.

The bill now moves to the Senate as SB1746, where the Judiciary Committee has yet to schedule a debate.