Tennessee House passes resolution criticizing same-sex marriage decision

The Tennessee House of Representatives sent a message to the U.S. Supreme Court on Thursday, passing a resolution expressing disagreement with the high court’s landmark decision legalizing same-sex marriage.

With a 73-18 vote, the chamber passed the measure to not only disagree with the constitutional analysis used in Obergefell v. Hodges but to say the “judicial imposition of a natural marriage license law” is contrary to previous actions taken by the Tennessee legislature.

On Wednesday, Rep. Susan Lynn, R-Old Hickory, the sponsor of the measure, told The Tennessean that her effort is focused on reminding the Supreme Court about the separation of powers between the legislative and judicial branches of government.

She also said it was a reminder that the court violated the doctrine of severability.

“They can’t decree that we now have to marry same-sex couples,” she said. “Our law does not say that, it’s never said that, and it was never the intent of the General Assembly to do that.”

During the floor discussion, Lynn called the Supreme Court's action "very dangerous," saying the court's decisions should not be allowed to set or change Tennessee law.

"If we let them do this today, they will do it more in the future. We need to speak up as a legislature," she said.

House Democratic Caucus Chairman Mike Stewart, of Nashville, said advancing legislation such as Lynn's as well as bills pertaining to sniper rifles and skunks is distracting the chamber from focusing on more important issues. He questioned whether passage of the resolution would have any impact.

After conceding that the resolution coincided with a lawsuit filed in Williamson County that seeks to halt the issuing of marriage licenses until a court settles the matter, Lynn told Stewart, "What we're doing here is very important."

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Four Democrats — Reps. John DeBerry Jr., Kevin Dunlap, Joe Pitts and John Mark Windle — were among the 73 lawmakers to vote in favor of the resolution. Another Democrat — Rep. David Shepard — was present but did not vote on the matter. The 18 members to vote against the decision were all Democrats.

The post-Obergefell resolution comes after a House committee earlier this year voted against a bill that would have directed state officials to disobey the U.S. Supreme Court ruling.

Lynn's resolution must receive approval from the Senate before it can become official.

The House's action received criticism from the Human Rights Campaign and the Tennessee Equality Project.

“Though only symbolic, this shameful vote to encourage defiance of the highest court in the land is a slap in the face to loving and committed same-sex couples all over the Volunteer State,” said Sarah Warbelow, legal director for the Human Rights Campaign. “Lawmakers should be using their time and resources to help all families, but instead have prioritized a mean-spirited resolution that serves absolutely no legitimate purpose.”

Tennessee Equality Project Executive Director Chris Sanders said the resolution "celebrates" lawsuits against local governments. "Legislative attacks on Tennessee's LGBT community have become desperate and bizarre,” he said.

Reach Joel Ebert at 615-259-8379 and on Twitter @joelebert29.