butters
High on a Hill
- Joined
- Jul 2, 2009
- Posts
- 84,451
in a slimy attempt to sidestep Obergefell v. Hodges, the tn law won't refuse to create marriage licenses, but allows officials to refuse to marry couples at their own discretion.
The new law effectively removes half of what is needed under state law to become legally married. In Tennessee, marriage occurs after two events: the issuance of a marriage license, and the formal solemnization of a marriage, which can be carried out by a religious official, a state notary public or a state official.
By targeting solemnization and not marriage licenses, the law allows Tennessee to undermine the Supreme Court’s ruling in Obergefell v. Hodges while potentially avoiding a direct challenge to the precedent. Experts compared the new Tennessee law to the campaign waged against Roe v. Wade, in which many states passed increasingly aggressive abortion bans in the years leading up to the 2022 Dobbs decision, when a majority of justices were willing to revisit and scrap the Roe precedent entirely.
https://www.msn.com/en-us/news/poli...&cvid=2294cbe04bde4d59c6a9011d09746795&ei=135“I think they’re in the process of chipping away at marriage equality now to get to the same result,” Chris Sanders, head of the Tennessee Equality Project, told TPM, comparing it to the anti-abortion movement. He predicted the law would swiftly draw challenges.