A Tennessee House panel has rejected a bill that sought to defy the U.S. Supreme Court ruling legalising same-sex marriage last June and defend natural marriage between a woman and a man.
State Republican Rep. Mark Pody and Sen. Mae Beavers earlier filed H.B. 1412 to amend the Tennessee Natural Marriage Defence Act in the legislature last September to defend the constitutional amendment approved by 81 percent of voters in 2006, according to Christian News Network.
The bill said the U.S. Supreme Court ruling on Obergefell v. Hodges is a "lawless opinion with no basis in American law or history, purporting to overturn natural marriage and find a 'right' to same-sex 'marriage' in the United States Constitution and the fourteenth amendment."
"Whereas, not all orders claiming authority under color of law are in fact lawful," the bill reads. "Whereas, unlawful orders, no matter their source—whether from a military commander, a federal judge, or the United States Supreme Court—are and remain unlawful, and should be resisted."
It added, "Natural marriage between one (1) man and one (1) woman as recognised by the people of Tennessee remains the law in Tennessee, regardless of any court decision to the contrary. Any court decision purporting to strike down natural marriage, including [Obergefell v. Hodges], is unauthoritative, void, and of no effect."
The bill quoted Sir William Blackstone's "Commentaries on the Common Law" which states that natural law is the "law of nature, being coeval with mankind and dictated by God himself, is of course superior in any obligation to any other. It is binding over all the globe in all countries, and at all times; no human laws are of any validity, if contrary to this."
The state House Civil Justice subcommittee heard 90 minutes of testimonies last Wednesday from area pastors, attorneys and former lawmakers from both sides, reported The Tennessean.
"I can tell you as a student of the Constitution ... that there is nothing in federal law ever, ever, ever that gives the federal courts or the federal government constitutional jurisdiction in the field of marriage," lawyer Jeff Cobble told at the hearing.
Those who supported the bill suggested that nullification is not the best solution and preferred a lawsuit in court. David Fowler of the Family Action Council of Tennessee said he will file a lawsuit to challenge the U.S. Supreme Court ruling.
The committee then decided to reject the bill with only Republican Chairman Jim Coley, who identifies as Church of Christ, favouring it.
State Democrat Rep. Sherry Jones said the bill would fail partly because the federal government could retaliate by withdrawing $8.5 billion in funding for state programmes.
"When the Supreme Court sends down a ruling, that's what we do. Trying to go through our committee system to change that is not going to work," she said.
The bill's authors have not given up and have filed a new bill that "prohibits state and local governments from enforcing, administering, or cooperating with the implementation, regulation, or enforcement of any federal executive order or U.S. Supreme Court opinion unless the general assembly first expressly implements it as the public policy of the state."
