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SB1746 • 2026

Marriage

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

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Bowling, Bulso
Last action
2026-03-23
Official status
Action deferred in Senate Judiciary Committee to 2027
Effective date
Not listed

Plain English Breakdown

The official source does not provide details on enforcement mechanisms or the impact on state recognition of same-sex marriages.

Marriage Rights in Tennessee

This bill allows private citizens and organizations not to recognize same-sex marriages and protects religious leaders from punishment if they refuse to officiate such weddings.

What This Bill Does

  • Changes the law so that private citizens and organizations are not required to recognize same-sex marriages under the Fourteenth Amendment or Obergefell v. Hodges decision.
  • Adds a new rule stating that no one can discipline an attorney for refusing to officiate at a marriage between two people of the same sex.

Who It Names or Affects

  • Private citizens and organizations in Tennessee
  • Attorneys who might officiate marriages

Terms To Know

Obergefell v. Hodges
A Supreme Court case that made same-sex marriage legal across the United States.

Limits and Unknowns

  • The bill does not specify how it will be enforced or what consequences might follow.
  • It is unclear if this law will change how the state government recognizes same-sex marriages.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Amendment 1-0 to HB1473

Plain English: The amendment removes the phrase 'or a purported marriage' from Section 1 of Senate Bill No. 1746.

  • Removes the words 'or a purported marriage' from the text being changed in Section 1.
  • The amendment does not provide context about what 'purported marriage' means or how its removal will affect the bill's overall purpose.
  • Without additional information, it is unclear what specific impact this change will have on the law.

Bill History

  1. 2026-03-23 Tennessee General Assembly

    Action deferred in Senate Judiciary Committee to 2027

  2. 2026-03-18 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/23/2026

  3. 2026-02-23 Tennessee General Assembly

    Received from House, Passed on First Consideration

  4. 2026-02-19 Tennessee General Assembly

    Engrossed; ready for transmission to Sen.

  5. 2026-02-19 Tennessee General Assembly

    Sponsor(s) Added.

  6. 2026-02-19 Tennessee General Assembly

    Passed H., Ayes 68, Nays 24, PNV 0

  7. 2026-02-19 Tennessee General Assembly

    Failed to adopt Am. (Amendment 1 - HA0561), Ayes 23, Nays 70, PNV 0

  8. 2026-02-12 Tennessee General Assembly

    H. Placed on Regular Calendar for 2/19/2026

  9. 2026-02-11 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 2/12/2026

  10. 2026-02-11 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 2/12/2026

  11. 2026-02-11 Tennessee General Assembly

    Rec. for pass; ref to Calendar & Rules Committee

  12. 2026-02-04 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 2/11/2026

  13. 2026-02-03 Tennessee General Assembly

    Rec. for pass by s/c ref. to Judiciary Committee

  14. 2026-02-02 Tennessee General Assembly

    Sponsor(s) Added.

  15. 2026-01-28 Tennessee General Assembly

    Placed on s/c cal Children and Family Affairs Subcommittee for 2/3/2026

  16. 2026-01-22 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Judiciary Committee

  17. 2026-01-21 Tennessee General Assembly

    Introduced, Passed on First Consideration

  18. 2026-01-16 Tennessee General Assembly

    Filed for introduction

  19. 2026-01-14 Tennessee General Assembly

    Assigned to s/c Children and Family Affairs Subcommittee

  20. 2026-01-14 Tennessee General Assembly

    P2C, ref. to Judiciary Committee

  21. 2026-01-13 Tennessee General Assembly

    Intro., P1C.

  22. 2026-01-06 Tennessee General Assembly

    Filed for introduction

Official Summary Text

Abstract summarizes the bill.

Current Bill Text

Read the full stored bill text 
HOUSE BILL 1473
By Bulso

SENATE BILL 1746
By Bowling
SB1746
010631
- 1 -

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 36-3-113, is amended by adding the
following new subsection:
(e) Private citizens and organizations are not bound by the Fourteenth
Amendment or by the Supreme Court's purported interpretation of the Fourteenth
Amendment in Obergefell v. Hodges, 576 U.S. 644 (2015), and no private citizen or
organization in this state is required to recognize a marriage or a purported marriage
between individuals of the same sex, notwithstanding any other law.
SECTION 2. Tennessee Code Annotated, Section 17-5-301, is amended by adding the
following new subsection:
(k) Notwithstanding any other law, the board shall not discipline, sanction, or
threaten to discipline or sanction any person for declining to celebrate or officiate at a
marriage or commitment ceremony that falls outside the definition of marriage provided
in this code.
SECTION 3. This act takes effect July 1, 2026, the public welfare requiring it, and
applies to actions occurring on or after that date.