The high court said in October it would give expedited consideration to the state’s appeal of a Pulaski County circuit judge’s ruling striking down the ban, but it still had not ruled by the time the U.S. Supreme Court made same-sex marriage legal nationwide in June. It says that laws, policy and judicial interpretations that don’t define marriage as a contract between one man and one woman “is contrary to the public policy of this state and shall be void and unenforceable in Tennessee”.
Advertisement
“Any court decision purporting to strike down natural marriage is unauthoritative, void, and of no effect”, the legislation reads, in part.
Rally leaders say the bill is evidence of their pledge to engage Tennesseans in a number of issues, from defending the religious freedom of Christians to fighting back against what they call an unworkable immigration system.
“We’re going to tell the attorney general, he will defend marriage in Tennessee as it is written on our constitution”, Sen.
It’s unlikely the bill would be found constitutional if passed.
Immediately following the so-called “JV debate”, second-tier Republican presidential candidate Rick Santorum sat down with MSNBC’s Chris Matthews for a lively session of “Hardball” over Santorum’s extreme position on same-sex marriage and more illuminatingly, his absurd stance on judicial review. But the recent Supreme Court case ruled states can not ban same-sex couples from receiving marriage licenses and must recognize same-sex marriages officiated in other states. Slatery and Gov. Bill Haslam both said on the day of the ruling that it is the law of the land and will be implemented in Tennessee.
Whereas, not all orders claiming authority under color of law are in fact lawful.
Sanders said the bill will be struck down in court as soon as it is challenged. Officials abiding by the bill, if enacted, couldn’t be fined or arrested for ignoring the U.S. Supreme Court, the bill states.
Plessy v. Ferguson and Dred Scott, Santorum cited in retort, arguing that that president of the United States has a duty to stand up to the Supreme Court when he disagrees with the constitutionality of their rulings.
Advertisement
Tennessee’s General Assembly will consider the bill when lawmakers return for the next legislative season in January.
