Committee advances bill clarifying Obergefell’s application to public actors after heated testimony

The House Judiciary Committee voted to send House Bill 14 73 to calendar and rules following substantive debate and public testimony. Sponsor Representative Bolsa framed the bill as a clarifying measure that "Obergefell v. Hodges and the Fourteenth Amendment apply to public actors, not private citizens." The committee recorded a final tally of 13 ayes and 5 nos.

Public testimony included speakers who opposed the bill and argued it would set a dangerous precedent. Johanna Cohen, speaking as a Republican and self-described defender of the Constitution, said the bill "sets a precedent that states and individuals or businesses can legally decide which amendments and Supreme Court cases to follow," and urged committee members not to pass the measure. Tom Lee of the Tennessee Bridal Chamber warned of commercial harms if private actors were permitted to refuse recognition of lawful marriages, suggesting the proposal could create legal uncertainty for businesses and consumers.

Sponsor Bolsa said the bill clarifies that the Fourteenth Amendment applies to the state and its agents and does not bind private citizens, and he defended the insertion of the word "purported" to reflect Chief Justice Roberts’ dissent in Obergefell. Representative Salinas offered an oral amendment to remove the word "purported" from section 1; that amendment failed after objection and a recorded vote on the motion to consider the amendment.

Opponents warned the language could be used to justify private refusal to recognize marriages and might expose businesses to litigation; supporters framed the bill as a textual clarification of constitutional scope. After debate and the failed amendment, the committee voted to advance HB 14 73 to calendar and rules by a recorded vote of 13 ayes and 5 nos.

Next steps: HB 14 73 will be placed on the House calendar for further legislative consideration.