Tennessee Marriage Protection Amendment
Encyclopedia
Tennessee Amendment 1 of 2006 (also known as the Tennessee Marriage Protection Amendment) is a state constitutional amendment banning same-sex unions. The referendum was approved by 81% of voters. It specifies that only a marriage
between a man and a woman can be legally recognized in the state of Tennessee
. This effectively prohibits same-sex marriage
s within the state, reinforcing previously existing statutes to the same effect.
for two successive legislative sessions. It is then put on the ballot as a referendum in the next gubernatorial election, where it must be approved by an absolute majority of those voting in the election.
The amendment was first proposed in the Tennessee House of Representatives
on March 17, 2004, as House Joint Resolution 990 (HJR 990). The House of Representatives approved HJR 990 on May 6, 2004, by a vote of eighty-five to five. The measure received Senate approval on May 19, 2004, by a vote of twenty-eight to one. After the 2004 election, the amendment was introduced in the Tennessee Senate
as Senate Joint Resolution 31 (SJR 31). The Senate approved the measure on February 28, 2005, by a vote of twenty-nine to three, and the House of Representatives approved the measure on March 17, 2005, by a vote of eighty-eight to seven. The amendment was then slated to be submitted to voters as a referendum during the 2006 gubernatorial election.
On April 21, 2005, a lawsuit was filed by the American Civil Liberties Union
of Tennessee, the Tennessee Equality Project
, and other plaintiffs, claiming that the amendment had not been published in a timely manner between legislative sessions as the state constitution required; specifically, that its newspaper publication had occurred only four months prior to the legislative election in November 2004 rather than the required six. This suit was dismissed at the appellate court level in March 2006 on the grounds that the legislature's intent to put the amendment before voters in November 2006 was widely reported in the media, meeting this requirement in spirit if not in letter. This decision was in turn appealed to the Tennessee Supreme Court
. The Tennessee Supreme Court rejected the ACLU's case in July 2006, stating that the plaintiffs did not show adequate standing to bring the lawsuit, thereby clearing the way for the amendment to appear on the November ballot.
Polls conducted prior to the election showed widespread support for the amendment. According to a Mason-Dixon
poll released one month before the election, seventy-three percent of registered Tennessee voters supported the amendment, twenty percent opposed it, and seven percent were undecided. As expected, the amendment passed by a large margin. Eighty-one percent of voters approved the amendment and nineteen percent opposed it.
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
between a man and a woman can be legally recognized in the state of Tennessee
Tennessee
Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
. This effectively prohibits same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
s within the state, reinforcing previously existing statutes to the same effect.
Introduction and approval
In order for an amendment to the Tennessee State Constitution to be fully ratified, it must be approved by both houses of the Tennessee General AssemblyTennessee General Assembly
The Tennessee General Assembly is the state legislature of the U.S. state of Tennessee.-Constitutional structure:According to the Tennessee State Constitution of 1870, the General Assembly is a bicameral legislature and consists of a Senate of thirty-three members and a House of Representatives of...
for two successive legislative sessions. It is then put on the ballot as a referendum in the next gubernatorial election, where it must be approved by an absolute majority of those voting in the election.
The amendment was first proposed in the Tennessee House of Representatives
Tennessee House of Representatives
The Tennessee House of Representatives is the lower house of the Tennessee General Assembly, the state legislature of the U.S. state of Tennessee.-Constitutional requirements:...
on March 17, 2004, as House Joint Resolution 990 (HJR 990). The House of Representatives approved HJR 990 on May 6, 2004, by a vote of eighty-five to five. The measure received Senate approval on May 19, 2004, by a vote of twenty-eight to one. After the 2004 election, the amendment was introduced in the Tennessee Senate
Tennessee Senate
The Tennessee Senate is the upper house of the Tennessee state legislature, which is known formally as the Tennessee General Assembly.The Tennessee Senate, according to the state constitution of 1870, is composed of 33 members, one-third the size of the Tennessee House of Representatives. Senators...
as Senate Joint Resolution 31 (SJR 31). The Senate approved the measure on February 28, 2005, by a vote of twenty-nine to three, and the House of Representatives approved the measure on March 17, 2005, by a vote of eighty-eight to seven. The amendment was then slated to be submitted to voters as a referendum during the 2006 gubernatorial election.
On April 21, 2005, a lawsuit was filed by the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
of Tennessee, the Tennessee Equality Project
Tennessee Equality Project
The Tennessee Equality Project is an LGBT organization in the United States state of Tennessee.-Overview:The Tennessee Equality Project was founded on June 15, 2004, in Nashville, Tennessee....
, and other plaintiffs, claiming that the amendment had not been published in a timely manner between legislative sessions as the state constitution required; specifically, that its newspaper publication had occurred only four months prior to the legislative election in November 2004 rather than the required six. This suit was dismissed at the appellate court level in March 2006 on the grounds that the legislature's intent to put the amendment before voters in November 2006 was widely reported in the media, meeting this requirement in spirit if not in letter. This decision was in turn appealed to the Tennessee Supreme Court
Tennessee Supreme Court
The Tennessee Supreme Court is the state supreme court of the state of Tennessee. Cornelia Clark is the current Chief Justice.Unlike other states, in which the state attorney general is directly elected or appointed by the governor or state legislature, the Tennessee Supreme Court appoints the...
. The Tennessee Supreme Court rejected the ACLU's case in July 2006, stating that the plaintiffs did not show adequate standing to bring the lawsuit, thereby clearing the way for the amendment to appear on the November ballot.
Polls conducted prior to the election showed widespread support for the amendment. According to a Mason-Dixon
Mason-Dixon Polling & Research Inc.
Mason-Dixon Polling & Research Inc. is an independent polling firm that conducts voter surveys for news media, lobbyists, advocacy groups, trade associations, and political action committees. Mason-Dixon is the nation's most active state polling organization, conducting copyrighted public opinion...
poll released one month before the election, seventy-three percent of registered Tennessee voters supported the amendment, twenty percent opposed it, and seven percent were undecided. As expected, the amendment passed by a large margin. Eighty-one percent of voters approved the amendment and nineteen percent opposed it.
Text of the amendment
The amendment appeared on ballots as Constitutional Amendment #1. The text of the amendment states: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.
See also
- Same-sex marriage in the United StatesSame-sex marriage in the United StatesThe federal government does not recognize same-sex marriage in the United States, but such marriages are recognized by some individual states. The lack of federal recognition was codified in 1996 by the Defense of Marriage Act, before Massachusetts became the first state to grant marriage licenses...
- Same-sex marriage legislation in the United StatesSame-sex marriage legislation in the United StatesIn response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing same-sex marriage or other types of same-sex unions.-Federal level:...
- Same-sex marriage legislation in the United States by stateSame-sex marriage legislation in the United States by stateThis article summarizes the legal and political actions taken by the individual states of the United States regarding same-sex marriage. The texts are following.- Alabama :Texts :...
- Same-sex marriage in the United States public opinionSame-sex marriage in the United States public opinionPublic opinion on same-sex marriage in the United States has been tracked by polling data for well over a decade. As of the year 2010, polls provide differing answers to the question of how the majority of Americans view same-sex marriage, although it is clear that support for same-sex marriage...
- List of U.S. state laws on same-sex unions
- Federal Marriage AmendmentFederal Marriage AmendmentThe Federal Marriage Amendment H.J. Res. 56 was a proposed amendment to the United States Constitution which would have limited marriage in the United States to unions of one man and one woman...