On Tuesday, Tennessee lawmakers approved — without debate — a resolution expressing “disagreement with the constitutional analysis” of Obergefell v. Hodges, the case that legalized marriage equality nationwide. The measure now passes out of committee and heads to the full House of Representatives for consideration.
Although the resolution is only symbolic, it allows Tennessee lawmakers to express their distaste for the Supreme Court’s decision and for same-sex marriage in general.
“Though only symbolic, the House Civil Justice Committee’s shameful vote to encourage defiance of the highest court in the United States is a slap in the face to loving and committed same-sex couples all over the Volunteer State,” Sarah Warbelow, the legal director of the Human Rights Campaign, said in a statement. “Lawmakers should be using their time and resources to help all families, but instead have prioritized harmful attacks on LGBT Tennesseans. We urge elected officials in the House to reject this mean-spirited resolution that serves absolutely no legitimate purpose.”
Tennessee lawmakers had previously considered a bill known as the Tennessee Natural Marriage Defense Act, which was defeated earlier this session. That bill would have required state officials to “defend natural marriage as between one man and one woman,” as defined by voters in their 2006 constitutional amendment banning same-sex marriage and other relationships. It also would have required the state attorney general to defend any state or local official who refuses to recognize same-sex marriages. Opponents have pointed to that provision by drawing parallels to the situation faced by Kentucky Clerk Kim Davis, who went to jail last year rather than allow her deputies to issue same-sex marriage licenses.
Multiple counties around the state have also been pushing resolutions calling on the legislature to defy the Supreme Court’s decision in Obergefell. Those behind the resolutions, namely the Family Action Council of Tennessee (FACT), hope to push such measures in at least 38 of 50 states with the intent of calling for a constitutional convention to overturn the court’s ruling and permanently ban same-sex marriage in the U.S. Constitution.
“HJR 529 sends a message that Tennessee’s Legislature would disrupt the marriages of thousands of LGBT people in our state if they could,” Chris Sanders, executive director of the Tennessee Equality Project, said in a statement. “Though without the force of the law, the resolution is a painful reminder of how strong the will to discriminate is and of the challenges we must overcome.”
Republican lawmakers in Tennessee are pushing a bill that critics warn could effectively create a registry of transgender residents, raising fears it could be used to surveil or harass them.
House Bill 754, sponsored by State Rep. Jeremy Faison (R-Cosby) and Sen. Brent Taylor (R-Memphis), would require all gender clinics in Tennessee to report monthly health data on patients who have received transition-related care to the Department of Health. The department would then publish aggregated annual reports.
Poland’s Supreme Administrative Court has ordered a local civil registry to record the marriage of a Polish same-sex couple who wed in Germany in 2018.
The case involved JC-T, who holds both Polish and German citizenship, and MT, a Polish national. The couple married in Germany while living there under EU free-movement rules. When they later returned to Poland, local authorities refused to register their marriage, citing the constitution’s definition of marriage as between a man and a woman.
The couple challenged the decision, and after exhausting their appeals in Polish courts, the case went to the Court of Justice of the European Union. The court was asked to clarify whether EU law -- including free-movement rights and the EU Charter’s ban on discrimination -- requires countries that do not allow same-sex marriage to recognize valid marriages from other member states.
The Tennessee State Senate has approved a bill requiring clinics to report detailed data on patients receiving gender-affirming care, a move critics warn could enable the state to track transgender people and the doctors who treat them.
The measure requires all gender clinics in Tennessee to submit monthly reports to the Department of Health on patients who receive transition-related treatments or surgery. The state would then publish annual reports based on that data.
The reports would exclude patients’ names but include details such as age, sex assigned at birth, prescribed medications, and the dates prescriptions were written or surgical referrals made. The requirement would apply not only to those receiving gender-affirming care, but also to patients seeking treatment for side effects or those who later experience "regret" and pursue "detransition."
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