Gov. Bill Haslam said Thursday that the state continues to talk to Tennessee's 95 county clerks, and state Attorney General Herbert Slatery will have a legal opinion to guide them if the U.S. Supreme Court declares same-sex marriage is legal.
With a ruling on the groundbreaking case coming as early as today, Haslam told reporters that a decision rendering Tennessee's constitutional ban void would have major impacts, not just on clerks who issue marriage licenses but across state government.
"We've had a lot of discussion," Haslam said. "The attorney general's office is talking to county clerks to be prepared for that. Almost every department of state government, if your marriage capacity is affected, it will affect them."
Asked if there are concerns some county clerks may refuse to comply, Haslam, a Republican who opposes same-sex marriage, said, "Those clerks are elected local agents, but they do have to comply with state law. So I think the attorney general will have a [legal] opinion for them about what their legal obligations are or not."
Bill HaslamJay West, executive director of the Tennessee County Officials Association, which is comprised of clerks, recently said the group will follow the advice of Tennessee Attorney General Herbert Slatery.
Hamilton County Clerk Bill Knowles recently told the Times Free Press that 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."
Bradley County Clerk Donna Simpson said much the same thing Thursday.
"Our office, and I think any clerk's office, will take direction from the County Officials Association of Tennessee as to how to proceed concerning the Supreme Court ruling," Simpson said. "The association interprets how the law should be followed, and we will act accordingly."
"Right now, we are waiting on the Supreme Court ruling, like everyone else," said McMinn County Clerk Evonne Hoback.
Correspondent Paul Leach contributed to this story.
Contact staff writer Andy Sher at asher@timesfreepress.com 615-255-0550.