411 REFERENCE · Wikipedia
2006 Tennessee Amendment 1
Reference material by Wikipedia contributors. This retains its source identity and is not 411 news reporting.
Referendum to ban same-sex marriage
February 2026
Amendment 1 Tennessee Marriage Protection Act 1,419,434 327,536 1,746,970 3,738,703 49.97 Sources:Constitutional Amendment QuestionsStatistical Analysis of Voter Turnout for the November 7, 2006 Election 350px County results 350px Precinct results Yes: #B6C8D9 50–60% #7D9CBB 60–70% #47729E 70–80% #28497C 80–90% #2B2457 90%+ No: #DEDEBD 50–60% #BCBC83 60–70% #8B8B54 70–80% Tie: #EBEEED 50% Tennessee November 7, 2006
The Tennessee Marriage Protection Amendment, also known as Tennessee Amendment 1 of 2006, is a U.S. state constitutional amendment banning same-sex unions. The referendum was approved by 81% of voters. It specified that only a marriage between a man and a woman could be legally recognized in the state of Tennessee. This prohibited same-sex marriages within the state, reinforcing previously existing statutes to the same effect Kate Howard http://www.tennessean.com/apps/pbcs.dll/article?AID=2006607150338 Voters to get say on gay marriage The Tennessean July 15, 2006 until it was overturned by the Obergefell v. Hodges ruling in June 2015.
Introduction and approval
thumb|A car with a bumper sticker in support of Amendment 1thumb|A sign in opposition to Amendment 1
In order for an amendment to the Tennessee State Constitution to be fully ratified, it must be approved by both houses of the Tennessee General Assembly for two successive legislative sessions. It is then put on the ballot as a referendum in the next gubernatorial election, where it must be approved by an absolute majority of those voting in the election.May 2025
The amendment was first proposed in the Tennessee House of Representatives on March 17, 2004, as House Joint Resolution 990 (HJR 990), sponsored by TNGA Rep. Bill Dunn (R, Knoxville)http://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=HJR0990&ga=103 "Bill Information for HJR0990". Tennessee General Assembly. The House of Representatives approved HJR 990 on May 6, 2004, by a vote of eighty-five to five. The measure received Senate approval on May 19, 2004, by a vote of twenty-eight to one. After the 2004 election, the amendment was introduced in the Tennessee Senate as Senate Joint Resolution 31 (SJR 31). The Senate approved the measure on February 28, 2005, by a vote of twenty-nine to three, and the House of Representatives approved the measure on March 17, 2005, by a vote of eighty-eight to seven.Bill Information for SJR0031 https://web.archive.org/web/20090424131103/http://www.capitol.tn.gov/legislation/Archives/104GA/Bills/BillStatus/SJR0031.htm 2009-04-24 . Tennessee General Assembly. The amendment was then slated to be submitted to voters as a referendum during the 2006 gubernatorial election.American Civil Liberties Union, et al. v. Riley Darnell, et al.. Accessed November 3, 2006.
On April 21, 2005, a lawsuit was filed by the American Civil Liberties Union of Tennessee, the Tennessee Equality Project, and other plaintiffs, claiming that the amendment had not been published in a timely manner between legislative sessions as the state constitution required; specifically, that its newspaper publication had occurred only four months prior to the legislative election in November 2004 rather than the required six. This suit was dismissed at the appellate court level in March 2006 on the grounds that the legislature's intent to put the amendment before voters in November 2006 was widely reported in the media, meeting this requirement in spirit if not in letter. This decision was in turn appealed to the Tennessee Supreme Court. The Tennessee Supreme Court rejected the ACLU's case in July 2006, stating that the plaintiffs did not show adequate standing to bring the lawsuit, thereby clearing the way for the amendment to appear on the November ballot.Hearing Held in ACLU-TN Challenge to Proposed Constitutional Amendment Banning Same-Sex Marriage https://web.archive.org/web/20061002225234/http://www.aclu-tn.org/mpaupdate.htm 2006-10-02 (January 20, 2006). ACLU of Tennessee. Accessed November 9, 2006.
Polls conducted prior to the election showed widespread support for the amendment. According to a Mason-Dixon poll released one month before the election, seventy-three percent of registered Tennessee voters supported the amendment, twenty percent opposed it, and seven percent were undecided.Bredesen builds robust lead over Bryson, Ban on same-sex unions gets firm support, by Richard Locker, The Commercial Appeal, October 3, 2006
Text of the amendment
The amendment appeared on ballots as Constitutional Amendment #1. The text of the amendment states:
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. Any policy or law or judicial interpretation, purporting to define marriage as anything other than the historical institution and legal contract between one man and one woman is contrary to the public policy of this state and shall be void and unenforceable in Tennessee. 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.
Results
The amendment passed by a large margin. 81.25% of voters participating in the election, or almost 31% of eligible voters in the state, approved the amendment and 18.75% of election participants opposed it.November 7, 2006 General Election: Consti tional [sic] Amendment Questions Tennessee State Government http://state.tn.us/sos/election/results/2006-11/RptCon1andCon2.pdf dead https://web.archive.org/web/20061214115545/http://state.tn.us/sos/election/results/2006-11/RptCon1andCon2.pdf 14 December 2006 PDF
Constitutional Amendment 1 1419434 327536 Tennessee Secretary of State – Tennessee 2006 election results All 95 counties of Tennessee voted for the amendment.
Pre-decision opinion polls
Date of opinion pollConducted bySample sizeIn favorAgainstUndecidedMarginMargin of ErrorSource September 2006 Chattanooga Times-Free Press/Memphis Commercial Appeal ? 73% left 20% ? 53% pro ? 2006 Ballot Measures: A National Scorecard
See also
Same-sex marriage in the United States
Same-sex marriage legislation in the United States
Same-sex marriage legislation in the United States by state
Same-sex marriage in the United States public opinion
List of U.S. state laws on same-sex unions
Federal Marriage Amendment
2006 Tennessee elections
References
External links
The Money Behind the 2006 Marriage Amendments -- National Institute on Money in State Politics
Category:LGBTQ history in Tennessee
Category:U.S. state constitutional amendments banning same-sex unions
Category:Tennessee law
Category:Politics of Tennessee
Category:2006 in LGBTQ history
Category:2006 in American law
Category:2006 in Tennessee
Category:Same-sex marriage ballot measures in the United States
Category:Marriage in Tennessee