NASHVILLE - Gov. Bill Haslam says state officials are discussing how to proceed should the U.S. Supreme Court rule same-sex marriage legal later this month in a case involving Tennessee, Kentucky, Michigan and Ohio.
"I think both the attorney general's office as well as our counsel and the various departments are doing that work," the Republican told reporters this week.
"Prior to the ruling, it's hard to say what the ifs and buts are but the [county] clerks are going to be looking to us saying, 'What's the rule?' 'Do we have to?' and, 'How does this impact us?'"
The nation's highest court is widely expected to render a decision before the end of June.
"What we are telling our clerks is we're going to obviously wait," said Jay West, executive director of the 95-member County Officials Association of Tennessee.
Tennessee Governor Bill Haslam speaks during a meeting with the Chattanooga Times Free Press editorial board.Supreme Court decisions generally, but not always, take effect 25 days after they are issued.
In April, the justices heard an appeal by same-sex couples in Tennessee, Kentucky, Michigan and Ohio of a ruling by the U.S. 6th Circuit Court of Appeals.
The 6th Circuit overruled U.S. District Court rulings in the four states, where judges held the states had violated various issues involving performance of same-sex marriages or recognizing marriages performed in other states.
The 6th Circuit's decision, the first legal blow to gay rights advocates on the issue, upheld bans on same-sex marriages in Kentucky and Michigan and on recognition of same-sex marriages in Ohio and Tennessee.
Tennessee county clerks are anxiously waiting to see what comes out of the Supreme Court.
"We're going to, No. 1, see what the ruling is and give our folks guidance accordingly," West said. "And if, in fact, the court does overturn the prohibition, when does that go into effect."
Noting that the only matter involving Tennessee is the state's refusal to recognize same-sex marriages legally performed outside the state, West said, "We don't know by overturning another state's statute, does that affect ours?"
The site SCOTUSblog.com has written that the gay and lesbian couples' appeal before the Supreme Court covers all the issues.
The Tennessee Constitution's Article IX, Section 18 prohibits same-sex marriage under an amendment approved by voters in 2006. It reads: "The historical institution and legal contract solemnizing the relationship of one man and one woman shall be the only legally recognized marital contract in this state."
It goes on to say that "if another state or foreign jurisdiction issues a license for persons to marry and if such marriage is prohibited in this state by the provisions of this section, then the marriage shall be void and unenforceable in this state."
If the nation's highest court strikes that down, the amendment would itself be void and unenforceable. That's what happened to Tennessee's constitutional ban on interracial marriage following a 1967 Supreme Court decision known as Loving v. Virginia.
Tennessee's county clerks, whose duties include issuing marriage licenses, "are just waiting to see," West said. "They have to abide by the law, whatever the law is, quite frankly."
He added that "very seldom does a Supreme Court decision affect a county clerk."
Hamilton County Clerk Bill Knowles said clerks issue marriage licenses under the authority of the state.
"So we're just awaiting direction from the attorney general if a decision comes down," he said. "If we get that guidance then we'll fulfill the legal responsibility of the office."
First elected to his post in 1974, Knowles said same-sex marriage has been "a hot issue for both sides."
"We're really like you are and everybody," Knowles said of the pending decision. "We're just waiting to see what happens."
Contact staff writer Andy Sher at asher@timesfreepress.com or 615-255-0550.