A new bill introduced to Tennessee’s House of Representatives on January 22, 2025, seeks to create a new type of marriage in the state: the covenant marriage. If passed, this legislation would establish the Covenant Marriage Act, making Tennessee one of the few states to introduce this distinction. The bill, sponsored by Rep. Gino Bulso, R-Williamson, proposes that couples commit to a “lifelong relationship” by agreeing to a set of stricter requirements for entering and dissolving a marriage.
Key Features of the Covenant Marriage Act
The Covenant Marriage Act would make it more difficult for couples to get a divorce in Tennessee. According to the proposed bill, a covenant marriage would only be available for “one male and one female” who agree to commit to a lifelong relationship. In practical terms, this would mean that couples seeking a divorce under this new designation would have to meet specific grounds before being granted one.
Some other states, including Missouri and Oklahoma, are also considering similar bills, and Arkansas, Arizona, and Louisiana have already enacted covenant marriage laws. However, Tennessee’s bill differs from those of other states by excluding any financial incentives, such as tax breaks for covenant marriages, which are included in Oklahoma’s bill.
Rep. Bulso emphasized that the Covenant Marriage Act’s primary goal is to strengthen the marital bond and protect families by creating a marriage type that is harder to dissolve. “The Covenant Marriage Act simply allows couples to choose to enter a marital union that requires appropriate pre-marital counseling and that does not permit dissolution based simply upon irreconcilable differences,” Bulso stated in an email.
The Role of Premarital Counseling
A key component of a covenant marriage would be the requirement for premarital counseling. Couples would need to complete counseling with an ordained minister, religious priest, clergyman, or licensed counselor before being eligible for a covenant marriage. While Tennessee already encourages couples to seek counseling by offering a discount on traditional marriage license fees, this would become a mandatory prerequisite for a covenant marriage.
Additionally, the proposed bill would require couples to sign a notarized attestation and statement of intent to demonstrate their commitment to a lifelong relationship.
What Makes a Covenant Marriage Different from a Traditional Marriage?
A covenant marriage would be a voluntary distinction. Couples could still choose a traditional marriage in Tennessee, as the Covenant Marriage Act does not mandate that all marriages in the state must follow this path. However, those who opt for a covenant marriage would face stricter rules regarding divorce.
While a traditional marriage can be dissolved based on the common grounds of irreconcilable differences, covenant marriages would have far more limited grounds for divorce. Couples in a covenant marriage would only be able to file for divorce under specific circumstances.
Divorce Grounds for Covenant Marriages
For those in a covenant marriage, divorce would only be possible under the following conditions:
- Adultery: A spouse has committed adultery.
- Felony Conviction: A spouse has been convicted of a felony and has either been sentenced to death or is serving a sentence of continuous confinement.
- Abandonment: A spouse has abandoned the marital home for over a year and refuses to return.
- Physical or Sexual Abuse: There is evidence of abuse within the marriage.
- Separation: The couple has lived separately and apart for more than two years.
- Cruel Treatment or Outrageous Conduct: If there are “excesses, cruel treatment, or outrageous conduct” making cohabitation “insupportable,” divorce may be granted.
These conditions significantly restrict the ability of couples in covenant marriages to end their unions, aiming to foster stronger marital commitments.
Challenges to Same-Sex Marriage Rights
The bill’s language specifies that a covenant marriage is a union between “a man and a woman.” Bulso has stated that the bill is not intended to be exclusionary but instead aims to protect the “natural order of things.” In his statement, Bulso clarified that the purpose of the bill is to challenge the 2015 U.S. Supreme Court ruling, Obergefell v. Hodges, which legalized same-sex marriage nationwide.
Bulso stated that the bill seeks to challenge what he believes was a “wrong” decision by the Supreme Court and reiterated that the Covenant Marriage Act is not “anti” anyone or anything but seeks to recognize the traditional concept of marriage.
The Covenant Marriage Act: What It Means for Tennesseans
For Tennessee residents, the Covenant Marriage Act would offer couples a choice between a traditional marriage or one with more stringent requirements. Couples who choose the covenant marriage option would need to meet all the outlined criteria, including premarital counseling and notarized statements, and would face more difficulty if they wish to dissolve their union.
This bill reflects a growing trend in the United States of some states reintroducing or considering covenant marriage laws. However, Tennessee’s bill stands out by excluding financial incentives for covenant marriages, focusing instead on marital commitment and the effort to challenge the legal recognition of same-sex marriage.
The proposed bill would go into effect in July 2025 if passed. The debate around covenant marriages will likely continue as the bill moves through the legislative process.
Conclusion: A Marriage Option, Not a Mandate
Under the proposed legislation, covenant marriages would be an optional distinction for couples in Tennessee. It would provide those who seek a stronger commitment the opportunity to enter into a marriage that is more difficult to dissolve. For those who choose this route, the Covenant Marriage Act would require premarital counseling and restrict divorce grounds, aiming to foster lifelong relationships. However, the bill also raises legal questions and discussions about the recognition of same-sex marriages and how the law might impact families in Tennessee.
As Tennessee legislators debate the future of the Covenant Marriage Act, it remains to be seen how the bill will be received by the public and whether it will gain the support necessary to become law.
Disclaimer – Our editorial team has thoroughly fact-checked this article to ensure its accuracy and eliminate any potential misinformation. We are dedicated to upholding the highest standards of integrity in our content.
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