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Contraceptive Drugs Coverage (SB 1142 / HB 721)

BILL SUMMARY

Requires that every group health insurance policy, to the extent not preempted by federal law, have coverage for all contraceptive drugs and devices approved by the FDA.

BILL ANALYSIS

This is very similar to the Obamacare mandate on contraception, which resulted in a lawsuit from the Little Sisters of the Poor. The bill does offer a mild religious liberty exception but requires an organization to file for a religious exemption (subject to approval) and offer written notice to prospective enrollees.

BILL SPONSORS

Kyle in the Senate, Powell in the House

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Full Text: Senate Bill / House Bill

BILL STATUS

No action taken in the House or Senate.

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Natural Marriage Defense Act (SB 752 / HB 892)

BILL SUMMARY

This bill is also known as the Natural Marriage Defense Act. It declares that Tennessee will only recognize and give effect to marriages between one man and one woman and will not recognize any court decision that purports to strike down natural marriage.

BILL ANALYSIS

As with a similar bill filed last year, there are several potential legal issues with this bill as written, because of its requirement that the state ignore or “nullify” any court decision, including the U.S. Supreme Court, that issues a ruling contrary to Tennessee state policy on marriage. It could result in all local officials having to defend at local expense lawsuits by same-sex couples for civil rights violations and reimburse the litigants’ legal fees if they lose the lawsuits.

The bill is an improvement on last year’s bill in that would make the state liable to civil rights lawsuits for the non-issuance of same-sex marriage licenses instead of county clerks.

BILL SPONSORS

Beavers in the Senate, Pody in the House

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Full Text: Senate Bill / House Bill

BILL STATUS

The House Civil Justice Subcommittee adopted an amendment to indemnify officials who comply with existing license law and referred to next year. No action taken in the House or Senate.

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Insemination Statute Repeal (SB 1153 / HB 1406)

BILL SUMMARY

Also known as the Insemination Statute Repeal, this bill repeals the statute that deems a child born to a married woman as a result of artificial insemination, with the consent of the married woman’s husband, to be the legitimate child of the husband and wife.

BILL ANALYSIS

This statute is unnecessary because the Tennessee Code already provides for a presumption of paternity when a child is born to a married husband and wife. In addition, the state’s attorney general has said that the law is unconstitutional after Obergefell v. Hodges. This statute is being used by private litigants as a legal basis for arguing that it is now unconstitutional for the state to define motherhood and fatherhood in relation to biological considerations and procreation.

BILL SPONSORS

Hensley in the Senate, Weaver in the House

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Full Text: Senate Bill / House Bill

BILL STATUS

No action taken in the House or Senate.

VIDEO

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Pornography Resolution (TN Senate Joint Resolution 35)

RESOLUTION SUMMARY

Called the Pornography Resolution, this resolution declares pornography a public health crisis.

RESOLUTION ANALYSIS

As a matter of policy, it is good to identify factors that contribute to the breakdown of the family and the need to address it on a community and societal level.

RESOLUTION SPONSORS

Beavers in the Senate, Weaver in the House

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Full Text: Senate Resolution

RESOLUTION STATUS

Signed by Gov. Haslam.

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Undefined Words Given Ordinary Meaning (SB 1085 / HB 1111)

BILL SUMMARY

This definitions bill requires that undefined words in the Tennessee Code be given their natural and ordinary meaning, except when a contrary intention is clearly manifest.

BILL ANALYSIS

A broad definitions bill that could have a similar effect as SB 30 but would apply to any number of words that private litigants might want courts to redefine.

WHY IT IS NEEDED

Increasingly, courts are being called on to decide how to interpret statutes and finding “reasons” to depart from the above rule of interpretation upon which legislators have been able to rely in wording and enacting statutes.

One clear example is the U.S. Supreme Court’s interpretation of the term “federal exchanges” under the Affordable Care Act, for which tax subsidies were permitted, to mean “stand or federal exchanges.”

Another example is marriage. States did not think it necessary to define marriage in terms of a man and a woman because the definition was assumed. States eventually realized that courts, set on making policy, would not give words, previously undefined, their normal and natural meaning and began to pass Defense of Marriage statutes.

More recently in Tennessee, a Knox County judge ruled that the word “husband” in a statute expressly related to a husband and wife no longer referred to a male but was a gender-neutral term and should be interpreted to mean “spouse.”

Because it is impractical, if not impossible, to go through the Code to define all the words in a statute that may not be expressly defined in order to make sure that courts do not define those words in ways the Legislature never intended, this bill tells courts that the words the Legislature uses mean what everyone thinks they mean, not something else.

OBJECTIONS ANSWERED

Objection: The bill violates the separation of powers doctrine by telling the judicial branch what to do.

Answer: The Legislature has the power to define the words it uses in its statutes. To say
otherwise, the objectors can only mean that they think courts should be able to give words meanings different from what the Legislature intended. This is not judging, this is legislating. If the normal meaning of a word makes a statute unconstitutional, then SB 1085 does nothing to interfere with a court’s power to hold the statute unconstitutional.

Objection: There is already a law that takes care of specific terms in the Tennessee Code.

Answer: There is a statute that defines a number of different words, but no statute
accomplishes this statute’s purpose.

BILL SPONSORS

Stevens in the Senate, Farmer in the House

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Full Text: Senate Bill / House Bill

BILL STATUS

Passed in the House 70-23 on March 16, 2017.

Passed in the Senate 23-6 on April 27, 2017.

Signed into law. Public Chapter number not assigned yet.