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Tennessee

STATUTES

Marriage Protection Act (1996)

Marriage between one (1) man and one (1) woman only legally recognized marital contract.

(a) Tennessee 's marriage licensing laws reinforce, carry forward, and make explicit the long-standing public policy of this state to recognize the family as essential to social and economic order and the common good and as the fundamental building block of our society. To that end, it is further the public policy of this state that the historical institution and legal contract solemnizing the relationship of one (1) man and one (1) woman shall be the only legally recognized marital contract in this state in order to provide the unique and exclusive rights and privileges to marriage.

(b) The legal union in matrimony of only one (1) man and one (1) woman shall be the only recognized marriage in this state.

(c) Any policy, law or judicial interpretation that purports to define marriage as anything other than the historical institution and legal contract between one (1) man and one (1) woman is contrary to the public policy of Tennessee .

(d) If another state or foreign jurisdiction issues a license for persons to marry which marriages are prohibited in this state, any such marriage shall be void and unenforceable in this state.

Tenn. Code Ann. § 36-3-113

CONSTITUTION

The historical institution and legal contract solemnizing the relationship of one man and one woman shall be the only legally recognized marital contract in this state. Any policy or law or judicial interpretation, purporting to define marriage as anything other than the historical institution and legal contract between one man and one woman, is contrary to the public policy of this state and shall be void and unenforceable in Tennessee . If another state or foreign jurisdiction issues a license for persons to marry and if such marriage is prohibited in this state by the provisions of this section, then the marriage shall be void and unenforceable in this state.

(Tennessee Constitution, approved by 81% of voters on Tuesday, November 7, 2006)

LITIGATION

ACLU v. Darnell

Challenge to prevent Tennessee's marriage amendment from being placed on the ballot in 2006. The suit alleges a procedural defect in the process by which the Legislature passed the amendment.

 

 
     
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