Do you believe that marriage between one man and one woman should require a license?

The U.S. Supreme Court has never held that states are required by the U.S. Constitution to license marriages or that the only way to marry in our country is by means of a government-issued license. In fact, in another U.S. Supreme Court decision, Meister v. Moore, the Court said that a man and woman could marry without a license because the common law recognized that the right to marry existed before civil governments ever started licensing marriages. The Court said the right of a man and woman to marry was not “conferred” on a man and woman by the government.

Because the right of a man and woman to marry is God-given, pre-political, and not be based on a government-issued permission slip (license), FACT believes Tennessee can repeal is licensing statutes and allow a man and woman who privately choose to marry to file a record with the county clerk giving the public notice of the fact they have married. FACT and others believe this does not violate the holding in Obergefell because it does not involve any "licensing" activity by the government.

Do you agree with FACT and others that the legislature should not ignore this provision in Tennessee’s Constitution, should repeal the state’s marriage license law, and allow a man and woman to marry and record the fact of their marriage with the county clerk?

We asked all the candidates:

Do you believe that marriage between one man and one woman should require a license?

These are were their answers:

I affirm that marriage is a God-given and pre-political relationship between one man and one woman. I agree with FACT that we should not ignore its own Constitution, repeal Tennessee's marriage licensing statute, and allow a man and woman to file proof of

The following candidates answered this way.
Janice Bowling

Sen. Janice Bowling

Republican

Senate District 16

Glen Casada

Rep. Glen Casada

Republican

House District 63

Scott Cepicky

Rep. Scott Cepicky

Republican

House District 64

Vincent Cuevas

Vincent Cuevas

Republican

House District 92 Candidate

Tandy Darby

Tandy Darby

Republican

House District 76 Candidate

Elaine Davis

Elaine Davis

Republican

House District 13 Candidate

John Dawson

John Dawson

Republican

House District 67 Candidate

Bruce Griffey

Rep. Bruce Griffey

Republican

House District 75

Esther Helton

Rep. Esther Helton

Republican

House District 30

Joey Hensley

Sen. Joey Hensley

Republican

Senate District 28

Matthew Hill

Rep. Matthew Hill

Republican

House District 7

Ronnie Holden

Ronnie Holden

Republican

House District 47 Candidate

Kelly Keisling

Rep. Kelly Keisling

Republican

House District 38

Tom Leatherwood

Rep. Tom Leatherwood

Republican

House District 99

John McMahan

John McMahan

Republican

House District 76 Candidate

Lee Mills

Lee Mills

Republican

House District 99 Candidate

Brandon Ogles

Rep. Brandon Ogles

Republican

House District 61

Gina Oster

Gina Oster

Republican

House District 18 Candidate

Patricia Possel

Patricia Possel

Republican

House District 96 Candidate

Paul Rose

Sen. Paul Rose

Republican

Senate District 32

Paul Sherrell

Rep. Paul Sherrell

Republican

House District 43

Jai Templeton

Jai Templeton

Republican

Senate District 26 Candidate

Jarvus Turnley

Jarvus Turnley

Democrat

House District 66 Candidate

Terri Lynn Weaver

Rep. Terri Lynn Weaver

Republican

House District 40

Ryan Williams

Rep. Ryan Williams

Republican

House District 42

I believe that marriage should only be allowed by government licensure.

No candidates have given this answer.

I am unsure.

The following candidates answered this way.
Diane Canada

Diane Canada

Republican

House District 56 Candidate

Other

The following candidates gave their own answers

"Again, I support anyone’s right to marry anyone. It is none of my business. "

Carol Abney

Carol Abney

Republican Candidate

House District 38

"I would also need to study this issue further.  At first glance, I would support legislation to allow common law marriages but not sure I would support eliminating marriage licenses.   I do especially like the process of getting married publicly in a religious ceremony and professing your vows to each other.  "

Becky Duncan Massey

Sen. Becky Duncan Massey

Republican

Senate District 6

"I agree with the legal interpretation above. I am unsure if getting the government out of the marriage business promotes marriage as intended by God or further degrades it (if that is even possible). Eliminating the license requirement certainly gets the government out of the gay marriage business. I believe government has an interest in promoting marriage but as a matter of policy am unsure how to do that. I'm concerned about what collateral damages could come about if licensure was not required as proof of "legal" marriage. I'm sure other states have done or etc... but I'm hesitant to agree without more research and thought."

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