Mark PodyNASHVILLE - Tennessee's state Capitol at times took on aspects of an old-time tent revival Tuesday as opponents of last year's U.S. Supreme Court same-sex marriage ruling rallied and prayed in support of a bill they believe can stop the decision's enforcement here.
"I want to tell you: I pray to a living God. And when I pray, I expect him to answer me," Rep. Mark Pody, R-Lebanon, sponsor of the Tennessee Natural Marriage Defense Act, said to supporters during a rally at the Capitol.
"The right to who we are is at stake," said Pody, invoking Tennessee voters' approval in 2006 of a state constitutional amendment declaring only marriage between a man and woman is legal.
Today, Pody is expected to try to move an amendment to his bill in the GOP-run House Civil Justice Subcommittee, which has three Republican representatives and two Democrats.
But he's got several things going against him. One is a "fiscal note," which legislative fiscal analysts project could result in Tennessee facing a loss of $8.5 billion in federal funds in areas including TennCare and Human Services if it tries to continue barring same-sex marriages.
Pody sought to brush that aside following the rally with 100 or more supporters. The bill is sponsored in the Senate by Sen. Mae Beavers, R-Mount Juliet.
"We're only upholding what we've already voted on," Pody said of Tennessee's same-sex marriage ban, which passed with 80 percent of voters. "They [U.S. Supreme Court] trampled our Constitution."
Supporters of a bill seeking to exclude Tennessee from the U.S. Supreme Court's gay marriage ruling attend a rally at the state Capitol in Nashville on Tuesday."This is not only about morality, it's about states' rights," Beavers said.
Meanwhile, Republican Gov. Bill Haslam's administration has issued a "fiscal flag" on the bill because of the federal funds Tennessee stands to lose. A Haslam spokeswoman said the bill currently is a "candidate for no signature," which means "if it came to the governor in its current form, he might not sign it or he may veto it."
Then there's a question of whether Pody even has the votes to get the bill through the five-member House Civil Justice Subcommittee today. The two Democrats oppose it and all it needs is one of the three Republican to say no or even just abstain.
Rep. Mike Carter, R-Ooltewah, an attorney and former Hamilton County General Sessions Court judge, has raised concerns about the bill and found himself squaring off with religious conservatives in his office Tuesday.
"If you've got God on your side, you don't need me," Carter told the group, according to The Nashville Scene.
One protester said, "One Christian and God is the majority."
"This guy, he just ain't willing to listen," huffed another demonstrator, the Scene reported as the man left Carter's office suite. "He's making it up as he goes."
Carter replied, "You're asking me to violate my oath of office. I'm going to do what I think is right."
In a Times Free Press interview later Tuesday, Carter said he understands Pody now either has an amendment to his bill or is shifting perhaps to a resolution.
He said his problem with the bill's original language is that "it's carrying a knife to a gun fight." He said he's heard that Pody himself isn't sure whether his bill is constitutional and believes it will be defeated.
"If he thinks that, then why would he be running it?"
There has been some discussion about Pody filing a resolution calling on Tennessee Attorney General Herbert Slatery to challenge the the U.S. Supreme Court's 5-4 ruling.
Carter said he disagrees with the majority's opinion, which overturned same-sex marriage bans and related issues in Tennessee and three other states.
"They [majority] overstepped their bounds, that they moved into making laws, not interpreting laws," Carter said. "That to me is very scary."
But Carter doesn't think Pody's bill, at least how it was drafted earlier in the week, "is the right way to do that. I think there are better, smarter ways to get there."
Rep. Bill Beck, a Nashville Democrat and attorney who also serves on the subcommittee, told reporters earlier he not only won't support the measure but questioned whether Pody is simply bluffing.
"The Supreme Court dictates the law of the land," Beck said. "Are we going to secede from the union?"
He said he believes the bill is intended as so much "red meat" for the Republican voter base.
"They love it, and Pody will keep it playing as long as he can," Beck said. "He's turning them out right and left."
Contact Andy Sher at asher@timesfreepress.com, 615-255-0550 or follow via Twitter at AndySher1.