Tennessee bill allowing denial of service to same-sex couples draws debate as sponsor defends constitutionality

NASHVILLE, Tenn. — The Tennessee House of Representatives passed House Bill 1473 on Thursday, a measure that would allow private citizens and organizations to refuse to recognize same-sex marriages without legal consequences.

PREVIOUS COVERAGE: TN House passes bill stating same-sex marriage does not have to be recognized

The bill states that “private citizens and organizations are not bound by the Fourteenth Amendment of the Supreme Court’s decision in Obergefell v. Hodges to recognize a marriage between individuals of the same sex.” If fully passed, the bill would allow private businesses and attorneys to deny service to same-sex couples based on their beliefs without punishment.

The bill passed with 68 Republican votes in favor and 24 Democratic members voting against it.

During the House floor session, one person was removed from the balcony of the chamber by the Highway Patrol after yelling and disturbing the proceedings.

Sponsor Defends Constitutionality

Rep. Gino Bulso, the bill’s sponsor, was questioned by Democratic representatives on whether the measure was constitutional under the 14th Amendment. Bulso argued the bill does not conflict with the amendment.

“The 14th Amendment does not bind private citizens, which is all this bill says, so any argument that somehow this language or this bill is unconstitutional or a violation of the supremacy clause is completely inaccurate and it is stated without that citation to any authority to support it,” Bulso said.

Rep. Chris Todd, who voted for the bill, echoed that position.

“There’s confusion about it in modern day times for some reason that this should apply to individuals and their relationships with other individuals and it just does not,” Todd said.

Opposition Cites Economic Concerns

Rep. Johnny Shaw was among those who voted against the bill. Shaw said his concern centers on the potential economic impact if businesses refuse service to same-sex couples.

“Same-sex couples have relatives and friends just like everyone else, so everybody else in line behind that person could very well walk away and say, ‘Well if you don’t serve that person then we don’t want service,’ so I could see it being a problem on our economy,” Shaw said.

What Comes Next

The bill was originally introduced earlier this year. It will still need to pass through the Senate, where it has been referred to the Senate Judiciary Committee.

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