Activists on both sides of the gay marriage debate are campaigning heavily to get out the vote on a proposed amendment to Tennessee’s constitution. But no matter what the result of next week’s election, Tennessee law will stay the same for the foreseeable future.
In 1996 the General Assembly clarified Tennessee’s marriage laws to state that the only legally recognized form of marriage is between one man and one woman. The law goes on to say that the definition of marriage may not be altered by any other policy, law, or judicial interpretation. And it says marriages performed in other places that don’t meet Tennessee criteria are not recognized.
Former state senator Jim Holcomb helped craft that law. But speaking earlier this week at a rally, he said it isn’t enough.
“The message has got to get out that this issue is vitally important to Tennesseans and we need it in our constitution, beyond the grasp, beyond the touch of judges, beyond their purview of considering in any way altering it.”
But opponents of the amendment say the constitution should be used to preserve freedoms. Randy Tarkington is the campaign manager of the Tennessee Equality project, which is running the “Vote No On One” campaign:
“We have a law which defines marriage, so to take this, and to use the constitution in this manner to discriminate-it’s unprecedented and it’s dangerous, it’s something we don’t want to do. So what we’ve wanted all along to do is defeat this amendment and then continue this very important discussion of how we’re going to treat all the citizens of Tennessee.”
The election is the last step in adopting the amendment. In order for the gay marriage ban to be added to the state constitution, a majority of people voting in the governor’s race must vote “yes” in the referendum.