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

NASHVILLE, Tenn. – The Tennessee House of Representatives passed a GOP backed bill on Thursday that states same-sex marriage does not have to be recognized in Tennessee.

In a 68-24 vote, HB 1473  passed the House. The bill states “private citizens and organizations are not bound by the 14th Amendment or the Supreme Court’s decision in Obergefell v. Hodges to recognize a marriage between individuals of the same sex.”

It also adds that officials cannot be disciplined or sanctioned for refusing to officiate marriages between people of the same sex.

“The board shall not discipline, sanction, or threaten to discipline or sanction any person for declining to celebrate or officiate at a marriage or commitment ceremony that falls outside the definition of marriage provided in this code.” – HB 1473

As discussions began on the bill, one woman was removed from the balcony of the chamber by the Tennessee Highway Patrol after she began yelling and disrupting the session.

Representative Gino Bulso (R-Brentwood) told the House that “this is a bill that does not change existing law. It simply clarifies existing law.”

Representative Torrey C. Harris (D-Memphis) challenged Bulso about the bill denying rights to citizens. “Section 1 of the 14th Amendment provides that no state shall deny to any person the equal protection of the law.” He also challenged Bulso that no state shall make a law that deprives an individual of “life, liberty, or property”.

Bulso told Harris the bill did not deny anyone protection without due process of law.

Rep. Bulso said, “the simple fact is that it is black letter law in the United States of America that the 14th Amendment does not bind private parties and I’ll further point out that it is this body that frankly is upholding both the Tennessee Constitution and the U.S. Constitution and it was the U.S. Supreme Court on June 26th of 2015 that overstepped its bounds and invented this right to marriage of individuals of the same sex despite there being no support whatsoever in the language of the 14th Amendment for that proposition.”

Rep. John Ray Clemmons (D- Nashville) said he had “sincere concerns about this legislation” and called it a “slap in the face to the very spirit of the 14th Amendment.”

“The very fabric, the very spirit of the 14th Amendment was to limit state’s power to  ensure that every citizen was equal and treated as such. Any attempt to say that we’re not bound by the 14th Amendment is a slap in the face to the very spirit of the 14th Amendment,” said Clemmons.

Rep. Monty Fritz (R-Kingston) said the court got it wrong when it came to allowing same-sex marriage. “In this case, the court decided to redefine something that Almighty God had not given that court the authority to redefine. We can stand and we debate this topic and still love one another as human beings, as image bearers of God, and go back to that Constitution that he has given us,” said Fritz.

Rep. Sam McKenzie (D-Knoxville) said the bill was not an issue that should be addressed by the House of Representatives. “Regardless of how you feel personally, this belongs in the court of law.”

The Tennessee Equality Project has opposed the bill since it was introduced and rallied outside the House Chambers on Thursday. They displayed signs that read “Stand For Love. No on 1473). Shortly after the vote, the Equality Project  released a statement, calling it “one of the worst ways for the Tennessee House to spend its time.”

 The Tennessee Equality Project rallied outside the House Chambers in opposition of HB 1473. (Photo courtesy of TN Equality Project)

“Attacking the recognition of people’s marriages is one of the worst ways for the Tennessee House to spend its time. This bill sows fear about the very protections that give families security and it fails to address real problems in our state like emergency preparedness and the affordability crisis. Hate won today, but those of us fighting for love and our families will prevail here or in the courts.”- statement from Tennessee Equality Project.

The votes split down party lines, with 24 Democratic house members voting against the bill and 68 GOP members voting for it.

The bill was initially introduced on January 6, 2026 and is sponsored by Rep Bulso (R-Brentwood).

It will still need to pass the Senate. SB 1746 (HB 1473) has currently been referred to the Senate Judiciary Committee.

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To view the House discussion and vote on the bill, click here.