While State Representative Mark Pody and Senator Mae Beavers filed legislation on Sept. 17 calling for the state to uphold the constitutional amendment adopted by voters in 2006 specifying that only a marriage between a man and a woman can be legally recognized in the state, Pody, while addressing the assembly at the DeKalb County GOP picnic Saturday, said the matter will likely be challenged in court.

Pody said the possibility would not deter him from fighting for the measure, however.

"I want to compliment the Democrats," Pody told those gathered at Greenbrook Park for the event. "I want to compliment the Democrats on something. Do you know what they did? They passed something that says marriage should be between a man and a woman, and that passed in Tennessee under Democratic control.

"We know that in June that the U.S. Supreme Court, five justices, overturned that. But we had a rally down at the capitol on Thursday, and we had over a thousand people. We filed a bill to go back and say marriage in Tennessee should be between a man and a woman. Now, I know it's going to be challenged immediately once it’s passed, but we want to be in this battle.

"Some have said ‘You're fighting the Supreme Court,’ but you know, if we're passionate about something and we believe in something, it means you fight. David said he was going to fight Goliath, and he went out and fought him. We want to be heard on the first amendment to see what we can do on that ruling.

"We believe two of the Judges that actually ruled on that should have recused themselves. They had already performed same sex marriages, and because they did that they had a public stance saying they were in favor of it. I don't think they were neutral in hearing the case, so I believe that they should have recused themselves. We want to get back in front of this Supreme Court."

The "Tennessee Natural Marriage Defense Act" rejects the Obergefell v. Hodges decision handed down by the U.S. Supreme Court in June giving same sex couples the fundamental right to marry, and calls on the attorney general and reporter to defend any state or local government official from any lawsuit to the contrary.

"Natural marriage between one man and one woman, as recognized by the people of this state, remains the law, regardless of any court decision to the contrary," Beavers said in a prepared statement last week. "The Obergefell case is clearly and blatantly an overstep of the Supreme Court’s Authority, and it is time that states like Tennessee stand up against the judicial tyranny of which Thomas Jefferson so eloquently warned. This legislation deems that any court decision purporting to strike down the state’s definitions of natural marriage, including Obergefell v. Hodges, is void in Tennessee."

"This decision defies constitutional authority and is one of the most glaring examples of judicial activism in U.S. Supreme Court history," Pody said last week in a press release. "It not only tramples on state’s rights, but has paved the way for an all-out assault on the religious freedoms of Christians who disagree with it. This bill calls for Tennessee to stand against such unconstitutional action in hopes that other states will stand with us against an out-of-control court legislating from the bench."

The marriage protection amendment was approved by 81 percent of Tennessee voters in 2006. House Bill 1412 / Senate Bill 1437 also aims to protect court clerks and ministers who have religious objections to marrying same sex couples from prosecution or civil action.

"Our clerks and Tennessee’s clergy need protection to exercise their religious beliefs," added Beavers. "This law would help protect them from prosecution or civil actions."

The legislation reads, "No state or local agency or official shall give force or effect to any court order that has the effect of violating Tennessee’s laws protecting natural marriage." And that: "No state or local agency or official shall levy upon the property or arrest the person of any government official or individual who does not comply with any unlawful court order regarding natural marriage within Tennessee."