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HB 1473

Marriage - As introduced, states that private citizens and organizations are not bound by the Fourteenth Amendment or the Supreme Court’s decision in Obergefell v. Hodges to recognize a marriage between individuals of the same sex; prohibits the board of professional responsibility from disciplining or sanctioning an attorney for declining to officiate a marriage between two persons of the same sex. - Amends TCA Title 17, Chapter 5 and Title 36.

114th Regular Session (2025-2026) Introduced by Gino Bulso

Tennessee bill exempts private citizens and organizations from recognizing same-sex marriages and protects attorneys from discipline for refusing to officiate them, directly challenging federal constitutional law.

Failed to adopt Am. (Amendment 1 - HA0561), Ayes 23, Nays 70, PNV 0
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WeVote Research Nonpartisan
Bill Summary · HB 1473

Legislative bill overview

HB 1473 would exempt private citizens and organizations from recognizing same-sex marriages under the Fourteenth Amendment and the Supreme Court's Obergefell v. Hodges decision, and would prohibit disciplining attorneys who decline to officiate same-sex marriages. The bill directly challenges federal constitutional requirements established by binding Supreme Court precedent.

Why is this important

This legislation attempts to create a state-level carve-out from a landmark 2015 Supreme Court decision that made same-sex marriage a constitutional right nationwide. If enacted and upheld, it could affect marriage recognition, professional licensing standards, and civil rights protections. The bill raises fundamental questions about the enforceability of federal constitutional rights at the state level and religious liberty versus anti-discrimination protections.

Potential points of contention

  • Constitutional conflict: The bill appears to contradict the Supremacy Clause and Obergefell, which declared same-sex marriage a fundamental constitutional right. Courts would likely strike it down as unconstitutional.
  • Professional licensing standards: Exempting attorneys from professional responsibility rules based on religious objections creates a precedent for selective enforcement of ethics rules and could undermine bar association authority.
  • Scope of "private citizens and organizations": The bill's language is vague about which entities qualify, potentially affecting hospitals, adoption agencies, insurance companies, and other service providers that interact with the public.

Compiled from official sources — confirm details with the bill’s official record.

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