Today, the Tennessee General Assembly passed Senate Bill 1085/House Bill 1111. If signed into law, SB 1085/ HB 1111 could invalidate marriages of LGBTQ couples and legal documents that affirm a transgender person’s true identity by stating that any “undefined” words be given their “natural and ordinary meaning.” The bill now heads to Gov. Bill Haslam’s desk.
The measure could have both intended and unintended consequences. For example, a woman may not be able to place her wife’s name on the birth certificate of their child. In court proceedings, a married opposite-sex couple could be entitled to confidential communications, but not a married same-sex couple. The measure could even prohibit surrogacy for same-sex couples.
“In a shameful haste to undermine marriage equality, the Tennessee State Legislature is opening a Pandora’s box of harmful consequences that could impact more than just the LGBTQ community,” said HRC Legal Director Sarah Warbelow. “This measure would no doubt result in multiple, expensive legal challenges, forcing the state to divert crucial resources that need to be focused on other truly important issues. Governor Bill Haslam must protect the state from the fallout and veto this bill.”
It could have consequences beyond the LGBTQ community as well. It would impact state constitutional protections for women by prohibiting state courts from reading the term “man” to also include “woman.” The Tennessee law requiring no “man’s” services or property be taken without consent or compensation, for example, could suddenly be interpreted to exclude women from these same protections.
“With the entire nation watching, Gov. Haslam should veto this bill which is not only bad for business, but would set a dangerous precedent that could place the well-being of LGBTQ Tennesseans in jeopardy,” said Sarah Kate Ellis, president and CEO of GLAAD.
Tennessee Attorney General Herbert Slatery issued an opinion stating the proposed bill could create conflict with current state laws.
