Tennessee Senate Bill SB1746

Tennessee 2025-2026 Regular Session

• Introduced: 1/16/26

Caption

AN ACT to amend Tennessee Code Annotated, Title 17, Chapter 5 and Title 36, relative to marriage.

Impact

If enacted, SB1746 will have profound implications on marriage laws in Tennessee. Specifically, it alters existing provisions under the Tennessee Code Annotated by amending Sections 17-5-301 and 36-3-113. The bill ensures that the state does not impose penalties or disciplinary actions upon individuals who refuse to officiate or celebrate marriages that do not align with a traditional definition of marriage, thereby reinforcing a legal framework that prioritizes personal and organizational beliefs over established civil rights concerning same-sex couples.

Summary

Senate Bill 1746 seeks to amend Tennessee's existing laws regarding marriage by explicitly stating that private citizens and organizations are not obligated to recognize same-sex marriages. The bill stipulates that Tennessee's citizens are not bound by the interpretation of the Fourteenth Amendment as established by the Obergefell v. Hodges decision, effectively allowing individuals and organizations to decline participation in same-sex marriage ceremonies without repercussions under state law. This significant change aims to uphold the rights of individuals and organizations opposed to same-sex marriage on moral or religious grounds, thus intertwining the law with religious beliefs.

Contention

The introduction of this bill is expected to generate significant debate and contention. Proponents argue that this bill protects religious freedoms and personal conscience, allowing individuals and organizations to operate in accordance with their beliefs without state intervention. However, critics contend that such legislation is discriminatory and undermines the rights of same-sex couples, further entrenching legal inequalities based on sexual orientation. The potential for this bill to exacerbate existing societal divides over marriage equality and civil rights issues is a point of significant concern for many advocacy groups.