The Tennessee House Just Passed a Bill Completely Gutting Marriage Equality

So there is only one county clerk to sign every marriage certificate in the county?

There are loads of other options it seems or am I mistaken? are we just talking about those who just go to the courthouse and don't have a ceremony?

It would seem like this would likely be an issue less than a handful of times.

It's nothing but a few conservative politicians pandering for their constituents, it's a high-profile bill but I'd bet it won't pass.

Regardless interview and identify the clerks where it may be an issue and make sure they have a suitable substitute on location. Where they don't have to sign but there will be an authorized sub to make it official

Boom couples get their license and the county clerk doesn't have o lose thier job over a handful of marriages

theamm.org...

Persons who may solemnize marriages.

Tennessee Code 36-3-301

Persons who may solemnize marriages.
(a) (1) All regular ministers, preachers, pastors, priests, rabbis and other spiritual leaders of every religious belief, more than eighteen (18) years of age, having the care of souls, and all members of the county legislative bodies, county mayors, judges, chancellors, former chancellors and former judges of this state, former county executives or county mayors of this state, former members of quarterly county courts or county commissions, the governor, the speaker of the senate and former speakers of the senate, the speaker of the house of representatives and former speakers of the house of representatives, members and former members of the general assembly who have filed notice pursuant to subsection (l), law enforcement chaplains duly appointed by the heads of authorized state and local law enforcement agencies, members of the legislative body of any municipality in this state, the county clerk of each county, former county clerks of this state who occupied the office of county clerk on or after July 1, 2014, notaries public, and the mayor of any municipality in this state may solemnize the rite of matrimony. For the purposes of this section, the several judges of the United States courts, including United States magistrates, United States bankruptcy judges, and federal administrative law judges, who are citizens of Tennessee are deemed to be judges of this state. The amendments to this section by Acts 1987, ch. 336, which applied provisions of this section to certain former judges, do not apply to any judge who has been convicted of a felony or who has been removed from office. (2) In order to solemnize the rite of matrimony, any such minister, preacher, pastor, priest, rabbi or other spiritual leader must be ordained or otherwise designated in conformity with the customs of a church, temple or other religious group or organization; and such customs must provide for such ordination or designation by a considered, deliberate, and responsible act. Persons receiving online ordinations may not solemnize the rite of matrimony. (3) If a marriage has been entered into by license issued pursuant to this chapter at which any minister officiated before July 1, 2019, the marriage must not be invalid because the requirements of the preceding subdivision (a)(2) have not been met. (b) The traditional marriage rite of the Religious Society of Friends (Quakers), whereby the parties simply pledge their vows one to another in the presence of the congregation, constitutes an equally effective solemnization. (c) Any gratuity received by a county mayor, county clerk, members of the county legislative body, or municipal mayor for the solemnization of a marriage, whether performed during or after such person's regular working hours, shall be retained by such person as personal remuneration for such services, in addition to any other sources of compensation such person might receive, and such gratuity shall not be paid into the county general fund or the treasury of such municipality. (d) If any marriage has been entered into by license regularly issued at which a county mayor officiated prior to April 24, 1981, such marriage shall be valid and is hereby declared to be in full compliance with the laws of this state. (e) For the purposes of this section, “retired judges of this state” is construed to include persons who served as judges of any municipal or county court in any county that has adopted a metropolitan form of government and persons who served as county judges (judges of the quarterly county court) prior to the 1978 constitutional amendments. (f) If any marriage has been entered into by license regularly issued at which a retired judge of this state officiated prior to April 13, 1984, such marriage shall be valid and is hereby declared to be in full compliance with the laws of this state. (g) If any marriage has been entered into by license issued pursuant to this chapter at which a judicial commissioner officiated prior to March 28, 1991, such marriage is valid and is declared to be in full compliance with the laws of this state. (h) The judge of the general sessions court of any county, and any former judge of any general sessions court, may solemnize the rite of matrimony in any county of this state. Any marriage performed by any judge of the general sessions court in any county of this state before March 16, 1994, shall be valid and declared to be in full compliance with the laws of this state. (i) All elected officials and former officials, who are authorized to solemnize the rite of matrimony pursuant to subsection (a), may solemnize the rite of matrimony in any county of this state. (j) If any marriage has been entered into by license issued pursuant to this chapter at which a county mayor officiated outside such mayor's county prior to May 29, 1997, such marriage is valid and is declared to be in full compliance with the laws of this state. (k) The judge of the municipal court of any municipality, whether elected or appointed, shall have the authority to solemnize the rite of matrimony in any county of the state. (I) In order to solemnize the rite of matrimony pursuant to subdivision (a)(1 ): (1) A member of the general assembly must first opt in by filing notice of the member's intention to solemnize the rite of matrimony with the office of vital records; and (2) A former member of the general assembly must have filed notice pursuant to subdivision (1)(1) while serving in the general assembly.

a reply to: Boadicea

I left my comment's wording vage, I wasn't entirely sure if they meant County Clerk for rubber-stamping, or an officiator, ie a priest, Elvis impersonator, or such.

Looks like the latter applies, so yes, moar folks need to get into the career instead of complaining. Gay wedding venues cropped up for this reason, along with the associated services.
Frankly, seeing as how people think it's a critically needed niche thing, eh, it might even end up easy money for the bolder (let's be real, folks, money lights fires under asses)

a reply to: JinMI

In Tennessee yes a clerk or a judge from what I read.

a reply to: frogs453

K.

So are they the only ones who can?

a reply to: JinMI

Someone posted a list above. A lot more government positions than just a judge or clerk.

originally posted by: Nickn3
The pendulum swings both ways. I see this as blowback from the baker that would not bake a wedding cake because they thought it was wrong. Then they were sued for refusing. Well sh!t happens and it has consequences.

Not just sued but openly persecuted by the state board while they were at it.

a reply to: JinMI

Thank you for the link. Very interesting too. ITho it might have been easier to state who cannot solemnize a marriage!

It did occur to me that County Clerks can also be ordained and therefore perform marriages on their own time, and therefore refuse to perform any ceremony for any reason.

But this bill does not allow for County Clerks to refuse issuing and/or recording marriage licenses.

a reply to: Nyiah

One would think, and in a sane world, that's what would happen. In a world where it's all about power and forcing people to do what you want, then there is screaming, wailing and complaining.

I would not be upset at all if the imam at my local mosque refused to marry me unless I was either marrying a Muslim man or became a Muslim myself. That's part of their belief system. Does it discriminate against me? Yes, but it's their right to practice their religion and follow their beliefs.

originally posted by: frogs453
a reply to: JinMI

Someone posted a list above. A lot more government positions than just a judge or clerk.

Right. A whole big list of other people. Go find one

originally posted by: Xcalibur254
a reply to: DBCowboy

The Supreme Court is currently of the position that marriage is a Constitutionally protected right. So by supporting government employees having the ability to reject a marriage license simply because a couple is the same sex/different races, aren't you supporting the infringement of people's Constitutional rights?

No.

Did Tennessee ban gay marriage?

Of course not. Tennessee just said churches that don't believe in gay marriage won't be forced by the government to perform gay marriages.

a reply to: Boadicea

My wife got ordained in a few hours. Its become a very easy and streamlined process.

a reply to: Boadicea

But this bill does not allow for County Clerks to refuse issuing and/or recording marriage licenses.

Bah.


Buried the lead!

Reply to JinMI
a reply to: frogs453

Does a clerk solemnize a marriage as part of their job duties?

Sometimes, yes.

IThe Tennessee Legislature has authorized numerous persons to conduct ceremonies to solemnize marriages. T.C.A. § 36-3-301(a) conveys such authority upon:
All regular ministers, preachers, pastors, priests, rabbis and other spiritual leaders of every religious belief, more than eighteen (18) years of age, having the care of souls, and all members of the county legislative bodies, county mayors, judges, chancellors, former chancellors and former judges of this state, former county executives or county mayors of this state, former members of quarterly county courts or county commissions, the governor, the speaker of the senate and former speakers of the senate, the speaker of the house of representatives and former speakers of the house of representatives, members and former members of the general assembly who have filed notice pursuant to subsection (l), law enforcement chaplains duly appointed by the heads of authorized state and local law enforcement agencies, members of the legislative body of any municipality in this state, the county clerk of each county, former county clerks of this state who occupied the office of county clerk on or after July 1, 2014, notaries public, and the mayor of any municipality in this state may solemnize the rite of matrimony..

a reply to: frogs453

States must follow laws. Know which judges perform weddings? Ones that don’t have a problem performing weddings. Not all judges have to perform them.

Clerks file paperwork. Refusal to do so can be a major lawsuit for fraudulently accepting pay and not performing the job. That would be like a group of cops that showed up and then got drunk all night rather than patrol. Sued, big time. And fired on top of it. Pensions gone, possible jail time, etc.

But what happened to that one lady clerk in Kentucky a few years back?

a reply to: Sookiechacha

Yep, you dont need a county clerk to do it.

a reply to: Xcalibur254

Just get married in Vegas baby

a reply to: Boadicea

But this bill does not allow for County Clerks to refuse issuing and/or recording marriage licenses.

Do you have a link to the bill? So far, I haven't found one.

a reply to: Xcalibur254

I can't find a single "Right Wing" site celebrating this so I doubt it can be that bad.

a reply to: Sookiechacha

Tennesee HB 878

HOUSE BILL 878
By Fritts
HB0878
002340
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 4;
Title 29 and Title 36, relative to solemnization of
marriage.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 36-3-301, is amended by adding the
following as a new subsection:
(m) A person shall not be required to solemnize a marriage if the person has an
objection to solemnizing the marriage based on the person's conscience or religious
beliefs.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.

a reply to: frogs453

I think the point is that we're all in this fight against woke nonsense together, so let's all have ways to stop wokeness when we see it in their tracks.

Right?