You’ve probably seen the headlines or heard the heated chatter on social media. People are talking about Tennessee House Bill 878 like it’s the end of marriage as we know it, or conversely, a massive win for religious freedom. Honestly, the reality is a bit more nuanced—and arguably more confusing—than the soundbites suggest.
It's a short bill. One sentence, basically. But that one sentence has sparked a firestorm in the Volunteer State.
What Tennessee House Bill 878 actually says
Let’s cut through the noise and look at the text. House Bill 878, which was signed into law by Governor Bill Lee in early 2024, adds a tiny bit of language to the Tennessee Code. It essentially states that a person is not required to solemnize a marriage if they have a conscience-based or religious objection to doing so.
Before this, the law listed who could perform weddings—clergy, certain government officials, judges—but it didn’t explicitly say they could say "no."
Now, it does.
If you’re a county clerk, a judge, or a retired official in Tennessee, you can now legally decline to officiate a wedding ceremony if the union rubs your personal beliefs the wrong way. Most people assume this is aimed squarely at same-sex couples, and while the bill's sponsors don't exactly hide that sentiment, the language is broad. It could technically apply to interracial couples, interfaith couples, or even someone marrying for the third time.
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The confusion between licenses and ceremonies
Here is where things get kinda messy. There is a massive difference between a marriage license and the solemnization (the ceremony) of a marriage.
- The License: This is the legal document issued by the County Clerk’s office. You need this for the state to recognize you as married.
- The Solemnization: This is the act of someone—like a preacher or a judge—actually declaring you married during a ceremony.
Critics of the bill originally feared it would let clerks refuse to issue licenses altogether. That would be a direct violation of Obergefell v. Hodges, the 2015 Supreme Court ruling that legalized same-sex marriage nationwide. But the final version of Tennessee House Bill 878 is specific to the act of performing the ceremony.
Basically, a clerk still has to give you the paper, but they (or the judge down the hall) don't have to stand in front of you and say "I now pronounce you..."
Why Representative Monty Fritts pushed for it
The bill was introduced by Representative Monty Fritts, a Republican from Kingston. His argument was pretty straightforward: he believes no one should be forced by the government to violate their conscience.
In his view, officiating a wedding is an expressive act. If a judge or a county official feels that a particular marriage goes against their deeply held religious tenets, Fritts argues the state shouldn't have the power to compel them to participate.
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"This bill was designed to be simply and clearly to protect the rights of the officiate," Fritts said during the legislative process.
Opponents, like Representative Justin J. Pearson from Memphis, see it differently. They argue that when you take an oath of office as a public official, you agree to serve the entire public—not just the people who share your theology. By allowing officials to pick and choose who they marry, critics say the state is effectively codifying discrimination.
The "Kim Davis" ghost in the room
If this sounds familiar, you’re probably thinking of Kim Davis, the Kentucky clerk who went to jail in 2015 for refusing to issue marriage licenses to same-sex couples.
Tennessee House Bill 878 feels like an attempt to avoid that kind of showdown by giving officials a legal "out" before a conflict even starts. But legal experts are already pointing out the holes. If a gay couple lives in a rural Tennessee county and every single official authorized to solemnize marriages in that area refuses to do so, that couple is effectively denied their constitutional right.
Professor Suzanna Sherry from Vanderbilt Law has noted that while the text itself might not look discriminatory on its face, the application of it could lead to a massive Equal Protection lawsuit.
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If you have to drive 50 miles just to find a public official willing to sign your marriage certificate because everyone in your town "objects" to your relationship, has the state actually protected your rights? Probably not.
What this means for you right now
If you’re planning a wedding in Tennessee, don't panic. For most couples, this law won't change a thing.
Most people get married by their own religious leaders or friends who have been "ordained" online for a day. Religious leaders have always had the right to refuse to perform ceremonies; that’s protected by the First Amendment.
The shift here is specifically for those who were planning on a "courthouse wedding."
If you’re a same-sex couple or in a situation that might be considered "controversial" in a conservative area, you might want to call ahead. It’s better to know if a particular judge has a "conscience objection" before you show up with your flowers and your family.
Actionable insights for Tennessee couples
If you’re worried about how Tennessee House Bill 878 might affect your wedding plans, here’s how to navigate it:
- Confirm your officiant early: If you’re using a public official (judge, mayor, clerk), ask specifically if they are willing to solemnize your specific union.
- Secure the license first: Remember, they cannot legally refuse to issue the license itself based on these objections. If they do, that is a separate legal issue.
- Have a backup plan: If you encounter a refusal, look into "Humanist celebrants" or use a friend who has obtained a one-day designation. Tennessee law regarding who can officiate is actually quite broad outside of the government official category.
- Document everything: If you feel you are being denied service by a government office in a way that prevents you from exercising your legal rights, keep a record of who you spoke to and what was said.
This law is almost certainly going to face a challenge in the courts eventually. Until then, it's a "wait and see" situation for the legal status of marriage ceremonies in Tennessee.