Bill To Prevent Clergy, Others From Being Forced To Perform Ceremonies In Violation Of Conscience Advances

Image: Rep. Monty Fritts Image Credit: capitol.tn.gov

The Tennessee Conservative [By Kelly M. Jackson] –

Presented yesterday before the House Children & Family Affairs Subcommittee was House Bill 0878, a bill that would create protection for anyone in the state of Tennessee with the authority to perform marriage ceremonies, and give them the ability to decline to perform a ceremony that violates their religious beliefs or personal conscience. 

HB0878 presented by Representative Monty Fritts (R-D32- Kingston), as introduced, states that a person is not required to solemnize a marriage if the person has an objection to solemnizing the marriage based on the person’s conscience or religious beliefs. – Amends TCA Title 4; Title 29 and Title 36.

Representative Fritts explained the need for such a law in Tennessee, saying, “for many, marriage is a religious right or a sacrament, and officiants are held responsible before God for the marriages they perform. As societal views change about what constitutes a marriage, officiants must be able to refuse to solemnize marriages that are contrary to their beliefs.” 

Additionally, this bill would also protect civil servants that object to performing a marriage ceremony that violates their conscience. 

An example given by Fritts is a marriage between two people in which it is clear the premise of the marriage is predatory, in that one person would be using the marriage to take advantage of the other. Fritts said his research indicated this is becoming more and more common in elder abuse cases. 

During the hearing, there was some discussion about whether the code actually articulates a legal duty for anyone that is capable to perform a marriage ceremony.

Representative Andrew Farmer (R-D17- Sevierville) said that he is concerned that the language in the bill would imply clergy and others are compelled by law to perform marriages when in fact there is no such language in the code.

He suggested a removal of the language that referenced the objections due to religious beliefs and conscience, concerned it would be “providing an argument” to anyone who should decide to take legal action in response to being turned away.  

However, proponents of the bill say that ensuring the protection of the rights of officiants who would choose to refuse service is effectively proactive.  Avoiding the opportunity to include this language could cause extensive and possibly irreparably damaging litigation for anyone who should choose to object, as we have seen in recent years throughout the country. 

The only testimony other than that from Representative Fritts was from a Davidson County resident Michael Rady, who is planning a same sex wedding in Tennessee this year and fears the bill will effect a county clerk’s ability to issue a marriage license for their union.

Further, Rady asserted that it would enable any county clerk to not issue licenses to anyone they find objectionable, specifically stating the bill “puts marriage rights on the chopping block for all LGBTQ couples, interfaith couples and interracial couples”. 

Rady asserted this as fact, despite the Supreme Court rulings of Loving v Virginia,  Obergefell V Hodges, and the Respect For Marriage Act codifying the right to marriage this past December by President Joe Biden. 

Fritts’ legislative aid, Nicole Ussery, states that “This bill will in no way affect the issuance of marriage licenses.  The bill language speaks to the solemnizing of marriage, which according to Webster’s means ‘the performance of the marriage ceremony'”.

The voice vote was in favor of moving the bill on to the full House Civil Justice Committee, with only Democrat Representatives Harris, Jernigan, and Powell voting “No”. 

Should the bill survive the remainder of the legislative process, it will take immediate effect upon being signed into law by Governor Lee. 

About the Author: Kelly Jackson is a recent escapee from corporate America, and a California refugee to Tennessee. Christ follower, Wife and Mom of three amazing teenagers. She has a BA in Comm from Point Loma Nazarene University, and has a background in law enforcement and human resources. Since the summer of 2020, she has spent any and all free time in the trenches with local grassroots orgs, including Mom’s for Liberty Williamson County and Tennessee Stands as a core member.  Outspoken advocate for parents rights, medical freedom, and individual liberty. Kelly can be reached at kelly@tennesseeconservativenews.com.