RESOLUTION NO. RS2016-113

A resolution requesting the Davidson County Delegation to comply with the U.S. Supreme Court decision in Obergefell v. Hodges regarding same-sex marriage and to oppose Tennessee General Assembly legislation not in compliance therewith.

WHEREAS, on June 26, 2015, the United States Supreme Court rendered a decision in the matter of Obergefell v. Hodges, 576 U.S. ____ (2015) declaring that that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution; and

WHEREAS, the U.S. Supreme Court decision examined the nature of the fundamental rights guaranteed by the Constitution, the harm caused by withholding such rights from individuals, and the greater understanding of discrimination and inequality that has evolved over the past generation; and

WHEREAS, the U.S. Supreme Court decision provides that states must recognize same-sex marriages and issue requested marriage licenses to same-sex couples, thereby legalizing same-sex marriage throughout the United States; and

WHEREAS, subsequent to the U.S. Supreme Court decision, Rep. Mark Pody of the Tennessee General Assembly introduced House Bill no. 1412, known as the Tennessee Natural Marriage Defense Act, which, inter alia, deemed “natural marriage” solely between one man and one woman as being the law in Tennessee, regardless of any court decision to the contrary, and otherwise declared the U.S. Supreme Court decision in Obergefell v. Hodges to be unauthoritative, void, and of no effect; and

WHEREAS, according to the analysis of this proposed legislation provided to members of the Tennessee General Assembly, passage of the Tennessee Natural Marriage Defense Act would result in potential federal funding cuts in excess of $8.5 billion dollars from Tennessee programs; and

WHEREAS, on January 20, 2015, the Tennessee General Assembly’s House Civil Justice subcommittee eventually voted down the proposed Tennessee Natural Marriage Defense Act, citing constitutional concerns, cost impact, and other potential consequences of the proposed legislation; and

WHEREAS, despite this vote, other bills have nevertheless been announced which will seek to challenge or otherwise delay implementation of the ruling of this nation’s highest court; and

WHEREAS, it is in the best interest of the citizens of Nashville and Davidson County that the Tennessee General Assembly recognize the fundamental rights recognized by the U.S. Supreme Court in its recent ruling and the harm caused to those citizens who would be deprived of such rights by enactment of the Tennessee Natural Marriage Defense Act or similar legislation; and further that the Assembly refrain from provoking a constitutional crisis and otherwise comply with the Obergefell decision.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Davidson County Delegation to the Tennessee General Assembly to comply with the U.S. Supreme Court decision in Obergefell v. Hodges regarding same-sex marriage and to oppose Tennessee General Assembly legislation not in compliance therewith.

Section 2. That the Metropolitan Clerk is directed to send a certified copy of this Resolution to each member of the Davidson County Delegation to the Tennessee General Assembly.

Section 3. That this Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Nancy VanReece, Brett Withers, Burkley Allen, Bob Mendes, Dave Rosenberg, Fabian Bedne, Michael Freeman, Mina Johnson, Scott Davis, Colby Sledge, John Cooper, Erica Gilmore, Jim Shulman