1. United States
2. N.J.
3. Letter

I urge you to vote NO on SB1745 and SB1746, which are on notice in the Judiciary Committee. It is unwise to take on the Bostock and the Obergefell Supreme Court decisions because the Court shows no signs of vacating them. It can only result in expensive litigation for the State. SB1745: The fiscal note on this bill says it could jeopardize federal funding! It is also important to remember that one of the defendants in the Bostock decision was Clayton County, Georgia, a government entity. The Bostock decision applies to the State of Tennessee and its political subdivisions. Justice Neil Gorsuch, appointed by President Trump, wrote for the majority, “An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.” Employees deserve workplaces free of discrimination. This bill sets up a clash between state law and a Supreme Court ruling, leaving employers in a bind and employees with less protection. If more employment lawsuits land in federal court, it will cost plaintiffs and employers more time and money. SB1746: If SB1746 only clarified the law about Obergefell, then a bill would not be necessary. An Attorney General's opinion could do that. But this bill opens the door to major changes in the way the 14th Amendment is applied in Tennessee. The state should not create uncertainty and fear for legally married couples about where and when their marriage will be recognized. Failure to recognize a marriage is particularly dangerous in medical and financial emergencies. This bill poses unacceptable risks to Tennesseans and their families. Thank you for considering my views.