Tennessee legislator files amendment to anti-LGBT marriage bill amid age limit backlash

A Tennessee bill to exclude same-sex couples from a proposed legal marriage contract process sparked widespread backlash after sponsors initially failed to include a minimum age limit in the legislation, though sponsors have submitted amendments to address the issue. 

Widespread public outcry spread Tuesday over child welfare concerns, as critics said a pathway to marriage without minimum age limits relaxes guardrails to protect minors from predatory behavior and abuse. 

The bill would create an alternate pathway to marriage, allowing opposite-sex couples to file marriage "contracts," based on common law principles that have not yet been legally recognized in Tennessee. The contracts would not be available to same-sex couples. 

Sponsors of the legislation have now added amendments specifying a man and woman seeking the contract must have "attained the age of majority," which is 18 in Tennessee.

The Senate version of the bill has advanced to a full vote slated for Thursday. A House committee on Wednesday rolled the legislation to next week after sponsor Rep. Tom Leatherwood, R-Arlington, faced tough questions on the bill. 

Leatherwood maintained Wednesday he had no intentions of opening up the contract process to minors and the age limit amendment would only strengthen the bill. 

"This one took a sideways turn on the folks that submitted the bill in a way I don't think they anticipated,” said Regina Lambert Hillman, a University of Memphis law professor.

The proposed legislation would not eliminate or overwrite Tennessee’s marital age limits. Current Tennessee law sets a minimum marriage age at 17, and prohibits a 17-year-old from marrying someone who is four or more years older.

More:Gov. Bill Haslam signs law banning Tennessee marriage of minors under 17

Bill is backlash to marriage equality, opponents say

Hillman worked on the 2015 legal team for the Obergefell v. Hodges case, the landmark U.S. Supreme Court decision that codified nationwide marriage equality. A Tennessee case, Tanco v. Haslam, was consolidated into Obergefell case.

Seven years since the marriage equality victory, Hillman said it's disappointing to see continual efforts to roll back progress made for LGBTQ rights. 

“It's this continuation of the backlash over the Obergefell decision,” Hillman said. “The sky didn't fall. We have all kinds of married couples in our state that are working, raising families, paying taxes just like our straight counterparts.”

Hillman sees HB 0233/SB 0562 as an attempt to "dilute" state marriage licenses, which are now available to any adult couple who wishes to marry

"We have so many issues that could use the energy of our legislators," Hillman said. "[These bills] are inviting litigation, they're dangerous to LGBTQ youth, they're divisive to our community."

The Family Action Council of Tennessee, a conservative advocacy organization led by former state Sen. David Fowler, has pushed for the bill. In committee testimony this spring, Fowler said a separate marriage certificate is needed for people who have conscientious objections to same-sex marriage but need legal documentation of their union. 

“As a minister, I can't sign and affirm something that is contrary to my conscience," Fowler said.

Tennessee marriage certificates do not require a minister’s signature, and opponents of the bill say it’s a solution in search of a problem “that doesn’t exist.”

“No religious organizations have been required to perform same-sex marriages. Those concerns are alleviated,” Hillman said. “I understand change is difficult, and there are folks that don't like the Obergefell decision. But I don't have to agree with everyone who gets a marriage certificate as long as they meet the state requirements.”

Tennessee marriage bill initially faltered in committee

Leatherwood initially presented the bill in an early March subcommittee, which voted to send the bill to a "summer study," typically a death knell for a bill.

"All this bill does is give an alternative form of marriage for those pastors and other individuals who have a conscientious objection to the current pathway to marriage in our law," Leatherwood said.

Rep. Torrey Harris, D-Memphis, in March asked Leatherwood to file an amendment explicitly blocking minors from the process, which Leatherwood initially chose not to do.

On Wednesday, Harris said Leatherwood appealed to the subcommittee chair in March to bring the bill up again for a vote after it was sent to summer study.

Harris, one of the first LGBTQ lawmakers elected to the General Assembly, said he opposes the bill but chose not to criticize the legislation on its ideology, instead focusing on his serious concerns with the lack of an age limit. 

"There's so many moving pieces and problems with this, and somebody's personal beliefs overshadow all the problems that this bill could cause for the state of Tennessee," Harris said.  

Leatherwood on Wednesday didn't directly answer why he chose not to bring an amendment weeks ago but said the explicit age limit would strengthen the legislation.

"Altering or addressing age in marriage was never the intent of this bill," Leatherwood said. "I think it's a better bill by putting that in there."

Reach Melissa Brown at mabrown@tennessean.com.

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