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SB 1746

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 Janice Bowling

The bill would define marriages as one man and one woman in Tennessee and shield private individuals and organizations from federal recognition of same-sex marriages, plus bar disc

Action deferred in Senate Judiciary Committee to 2027
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Bill Summary · SB 1746

Summary: Tennessee SB 1746 / HB 1473 (Session 114)

Proposed to amend Tennessee law regarding marriage recognition and professional conduct related to officiating marriages.

Main purpose and intent

  • To assert that private citizens and organizations in Tennessee are not bound by the U.S. Constitution’s Fourteenth Amendment and the Supreme Court’s interpretation in Obergefell v. Hodges (2015) regarding same-sex marriage.
  • To prohibit the Board of Judicial Conduct (referred to as the board in the bill) from disciplining, sanctioning, or threatening to discipline or sanction an individual for declining to celebrate or officiate a marriage or commitment ceremony that falls outside the definition of marriage under state law.
  • To specify that only marriages between one man and one woman, as defined by state law, remain recognized in Tennessee.

Key provisions and changes

1) Private rights to recognition of same-sex marriages
- Adds Section 36-3-113(e):
- States that private citizens and organizations are not bound by the Fourteenth Amendment or by the Supreme Court’s interpretation thereof in Obergefell v. Hodges.
- Declares that private individuals or organizations in Tennessee are not required to recognize a marriage or purported marriage between individuals of the same sex, notwithstanding any other law.

2) Protection for individuals declining to officiate certain ceremonies
- Adds Section 17-5-301(k):
- Provides that, notwithstanding other law, the Board of Judicial Conduct (or related disciplinary authorities) shall not discipline, sanction, or threaten to discipline or sanction any person who declines to celebrate or officiate at a marriage or commitment ceremony that falls outside the definition of marriage as provided in Tennessee law.

3) Effective date and scope
- Effective date: July 1, 2026.
- Applies to actions occurring on or after that date.
- Scope includes private citizens, organizations, and professionals who participate in officiating or celebrating marriages.

Who and what would be affected

  • Private citizens and private organizations in Tennessee (e.g., faith groups, wedding vendors, private contractors) who may be asked to recognize or participate in same-sex marriages would not be legally required to recognize such marriages.
  • Individuals who decline to officiate or participate in same-sex marriages or in ceremonies outside the state-defined marriage definition would be protected from disciplinary actions by the Board of Judicial Conduct or similar disciplinary bodies.
  • The Board of Judicial Conduct and potentially other disciplinary authorities in Tennessee would face new limitations on pursuing actions against individuals based on whom they celebrate or officiate for.

Procedural and timeline aspects

  • Legislative history:
    • Introduced in January 2026 (HB 1473 by Bulso; SB 1746 by Bowling) and referred to Senate Judiciary Committee.
    • The Senate action progressed with a calendar placement in March 2026.
    • As of March 23, 2026, the action on the bill was deferred in Senate Judiciary Committee to 2027, with prior steps indicating passage on second and first considerations earlier in 2026.
  • Fiscal impact:
    • The fiscal note concludes the impact is not significant on state or local government.
    • Assumes Tennessee already recognizes only one man and one woman as the legally recognized marriage under state law (per §36-3-113(b)).
    • No anticipated substantial changes in disciplinary actions, marriage licensing, or court caseloads.

Potential implications and considerations

  • The bill would formally codify exemptions from federal constitutional interpretations for private entities and individuals in Tennessee regarding marriage recognition.
  • It creates a shield against disciplinary action for those who decline to officiate or recognize marriages outside the state-defined marriage framework.
  • The policy shift could lead to legal and social debates around religious liberty, anti-discrimination protections, and the balance between state law and federal constitutional rulings.
  • If enacted, conflicts could arise between state law definitions and federal constitutional rights, potentially prompting future litigation or judicial review.

Note: The summary reflects the bill as introduced and its stated provisions as of the latest available legislative materials.

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

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