Is Gay Marriage Legal in Tennessee? What Federal and State Law Say Now

Last reviewed: October 17, 2026. This article is general information, not legal advice. Marriage law in Tennessee has seen new bills in recent sessions, so check the current law or speak to a Tennessee family-law attorney about your situation.

If you're planning a wedding in Tennessee, or you married elsewhere and live there now, you want a clear answer about where you stand. Here it is, along with the newer state laws and proposals that have been in the news.

Short answer: Yes, gay marriage is legal in Tennessee. Since the U.S. Supreme Court's decision in Obergefell v. Hodges on June 26, 2015, same-sex couples can marry in Tennessee and must have marriages from other states recognized. Tennessee's old ban is still written in its constitution but can't be enforced. A 2024 Tennessee law says no one can be required to solemnize (officiate) a marriage, and the federal Respect for Marriage Act (2022) adds protection for recognizing existing marriages.

How same-sex marriage became legal in Tennessee

Before 2015, Tennessee defined marriage as between one man and one woman in its constitution (Tenn. Const. Art. XI, § 18) and in statute. Same-sex couples who married in other states, such as New York, found their marriages weren't recognized when they moved to Tennessee.

Tennessee couples challenged that rule in Tanco v. Haslam. Their case was decided together with cases from Michigan, Kentucky and Ohio as Obergefell v. Hodges. One of the Tennessee plaintiffs was an Army Reserve sergeant who married his partner in New York before deploying to Afghanistan, and whose marriage Tennessee wouldn't recognize when they settled there.

On June 26, 2015, the Supreme Court held that:

• the Fourteenth Amendment protects the right of same-sex couples to marry, so states must license those marriages; and
• there is "no lawful basis for a State to refuse to recognize a lawful same-sex marriage performed in another State on the ground of its same-sex character."

Because the Constitution is the supreme law of the land, Tennessee's ban stayed on paper but became unenforceable.

The federal Respect for Marriage Act (2022)

Congress passed the Respect for Marriage Act, signed on December 13, 2022, as Public Law 117-228. It:

• Repealed the Defense of Marriage Act provision that let states refuse to recognize same-sex marriages from other states.
• Requires states to recognize marriages from other states regardless of the couple's sex, race, ethnicity or national origin, and lets the Attorney General or a harmed person sue to enforce that.
• Requires federal recognition of any marriage between 2 individuals that was valid where it was entered into, for every federal law where marital status matters (1 U.S.C. § 7).
• Protects religious organizations: nonprofit religious organizations aren't required to provide services or facilities for the solemnization or celebration of a marriage.

What it doesn't do: the Act doesn't itself require a state to issue marriage licenses to same-sex couples. That requirement comes from Obergefell.

Tennessee laws and bills since 2015

The 2024 officiant law

In February 2024 Tennessee enacted Public Chapter 511 (House Bill 878). Its operative text is one sentence, added to Tenn. Code § 36-3-301 as a new subsection (m): "A person shall not be required to solemnize a marriage."

In practice:

• An authorized officiant, including a public official who is allowed to perform weddings, can decline to officiate.
• The law's text deals with solemnizing ceremonies. It doesn't mention marriage licenses, and Obergefell still requires the state to license same-sex marriages.
• If one officiant declines, you can ask another authorized officiant, such as a different official or a religious or civil celebrant.

The 2026 recognition bill (HB 1473)

In February 2026 the Tennessee House passed HB 1473, which, as reported by NewsChannel 5, states that private citizens and organizations are not bound by the Fourteenth Amendment or Obergefell to recognize a same-sex marriage, and protects attorneys who decline to officiate such weddings. The bill then went to the Senate. We could not confirm from an official source that it became law, so check the Tennessee General Assembly's website for its status. Even if enacted, a state statute can't change what the U.S. Constitution requires of the state government itself, and how such a law would apply would likely be decided in court.

The Supreme Court in 2025

In Davis v. Ermold (No. 25-125), a former Kentucky county clerk asked the Supreme Court, among other things, to reconsider Obergefell. The Court denied the petition on November 10, 2025, leaving Obergefell in place.

What this means for couples in Tennessee

• Getting married. Apply for a marriage license at a county clerk's office on the same terms as any other couple, then have the marriage solemnized by an authorized officiant.
• Already married elsewhere. Your marriage must be recognized in Tennessee and by the federal government.
• Divorce, custody and property. These follow the same Tennessee family-law rules that apply to every married couple.
• If something goes wrong. If a government office refuses to issue a license or recognize your marriage, a Tennessee family-law attorney or civil-rights organization can explain your options.

Sources

• Obergefell v. Hodges, 576 U.S. 644 (2015) (Cornell LII)
• Respect for Marriage Act, Public Law 117-228 (govinfo)
• 28 U.S.C. § 1738C (Cornell LII)
• 1 U.S.C. § 7 (Cornell LII)
• Tennessee Public Chapter 511 (2024), House Bill 878 (Tennessee Secretary of State)
• Supreme Court docket, Davis v. Ermold, No. 25-125
• NewsChannel 5, "Tennessee House passes bill saying same-sex marriages do not have to be recognized"