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While that sounds plausible, it would raise all kinds of problems, like the live-in companion being able to visit their "spouse" in the hospital. Or being on their health, or life insurance. Being a surviving beneficiary, such as from social security.People can live together without getting married. It'd be funny if nobody got married anymore.
If true, this portion^^, will never pass constitutional muster as it is already settled law in SCOTUS. I doubt the civil authorities certification of any marriage listed will stand either. meh.That way, if seeing a darkie marry a pure white woman goes against your conscience; you don't have to pretend its for religious reasons -
Elsewhere in Tennessee State Code Annotated it refers to County Clerk "Solemnizing" marriage certificates from outside the state, not just in performing the ceremony. "Solemnize" becomes a legal term of art, with ranging significance, connected to County Clerks.Yes. Read the actual proposed bill. It does appear to include them. So a clerk could refuse to marry anyone they want based on their "religious" belief or conscience. However, it doesn't appear to impact licenses. So a Clerk doesn't have to marry you, but can't get out of the license requirement. You have to get another officially approved to perform the ceremony or go to a different clerk.
Proposed exemption:
(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
Code being modified
2021 Tennessee Code
Title 36 - Domestic Relations
Chapter 3 - Marriage
Part 3 - Ceremony
§ 36-3-301. Persons Who May Solemnize Marriages
Universal Citation: TN Code § 36-3-301 (2021)
However, it does not appear to impact the whole license part of it:
- 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 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, and the mayor of any municipality in the 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- In order to solemnize the rite of matrimony pursuant to subdivision (a)(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.
2021 Tennessee Code :: Title 36 - Domestic Relations :: Chapter 3 - Marriage :: Part 3 - Ceremony :: § 36-3-303. Return of License to Clerk — Penalty for Failure to Return — Society of Friends
Justia Free Databases of US Laws, Codes & Statuteslaw.justia.com
2021 Tennessee Code
Title 36 - Domestic Relations
Chapter 3 - Marriage
Part 3 - Ceremony
§ 36-3-303. Return of License to Clerk — Penalty for Failure to Return — Society of Friends
Universal Citation: TN Code § 36-3-303 (2021)
- One authorized by § 36-3-301 who solemnizes the rite of matrimony shall endorse on the license the fact and time of the marriage, and sign the license, and return it to the county clerk within three (3) days from the date of marriage. Every person who fails to make such return of the license commits a Class C misdemeanor.
- The functions, duties and liabilities of the party solemnizing marriage as set forth in this part shall, in the case of marriages solemnized among the Religious Society of Friends, be incumbent upon the clerk of the congregation, or in the clerk's absence, the clerk's duly designated alternate.
They don’t. Straights couldn’t marry same sex either.That is bullshit. The govt has no right to discriminate!
Yes. Is that being affected though? This bill is specific in the clause being modified. This is a question not a criticism.Elsewhere in Tennessee State Code Annotated it refers to County Clerk "Solemnizing" marriage certificates from outside the state, not just in performing the ceremony. "Solemnize" becomes a legal term of art, with ranging significance, connected to County Clerks.
They have the right to define marriage.That is bullshit. The govt has no right to discriminate!
That's what I thought about Roe v Wade too.If true, this portion^^, will never pass constitutional muster as it is already settled law in SCOTUS. I doubt the civil authorities certification of any marriage listed will stand either. meh.
www.politico.com
They shouldnt. Marriage is a religious institution. But yall let them take that power away from you.They have the right to define marriage.
Roe V Wade was settled law until a state violated that so-called "settled law" and took it to the SC to get it overturned.....If true, this portion^^, will never pass constitutional muster as it is already settled law in SCOTUS. I doubt the civil authorities certification of any marriage listed will stand either. meh.
But only if that definition provides "equal protection"They have the right to define marriage.
But only if that definition provides "equal protection"
That is the ambiguity, in the wording, as a clerk could interpret on legal grounds due to their "moral" outlook, forcing a couple to fight, just to get the documentation back, to file with a normal clerk, just based on what all is legally entailed under accepted legal word "Solemnize" in this state.Yes. Is that being affected though? This bill is specific in the clause being modified. This is a question not a criticism.
Yep. Rock Hudson married. A WOMAN. Gays have the same rightsSame sex straight couples would be denied just as gay same sex couples = Equal.
That's not the definition of equal protection. Think of it like a Venn diagram where every circle has to overlap.Same sex straight couples would be denied just as gay same sex couples = Equal.
They do. Any male regardless of sexuality could marry a woman regardless of sexuality. 100%That's not the definition of equal protection. Think of it like a Venn diagram where every circle has to overlap.
That argument failed previously with inter-racial marriage.They do. Any male regardless of sexuality could marry a woman regardless of sexuality. 100%
Not at all. All women are similarly situated to all other women, as are men to men.That argument failed previously with inter-racial marriage.
Again that is the same argument previously tried.Not at all. All women are similarly situated to all other women, as are men to men.
Again that is the same argument previously tried.
To test the case they need to get a friendly clerk, have an inter-racial couple and a gay couple attempt to get a license. The clerk can then refuse the license and the two couples can then sue.
Thats not the argument. They are being denied marriage to the person they desire to be married to, who is otherwise also legally capable of being married.Nice deflection. The different race couple can prove they cannot control their skin color, which prohibits them. They same sex couple can’t prove they are gay by any other reason then they choose to be.
Very different indeed
