BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 36, Chapter 3, Part 1, is amended by
deleting §§ 36-3-103 – 36-3-112.
SECTION 2. Tennessee Code Annotated, Title 36, Chapter 3, Part 3, is amended by
deleting §§ 36-3-301 – 36-3-308.
SECTION 3. Tennessee Code Annotated, Section 8-6-109(b), is amended by adding
the following language as a new subdivision:
( ) To defend any action against a local official or any political subdivision of the
state for adherence to the duties, responsibilities, or limitations imposed on such official
or political subdivision pursuant to the issuance or failure to issue a marriage license
pursuant to § 36-3-104(a)(1), as it existed prior to the effective date of this act, and
alleged to be in violation of either the Constitution of the United States or the
Constitution of Tennessee. In the event that the attorney general and reporter
determines that the best interest of the state, or that of the local official or political
subdivision, requires private counsel, the local official or chief legal officer of the political
subdivision shall be notified and the local official or political subdivision shall have the
right to file for reimbursement of defense costs, subject to the limits of § 29-20-113, in
accordance with chapter 42 of this title in the same manner as state employees.
SECTION 4. Tennessee Code Annotated, Section 16-10-101, is amended by adding
the language "; provided, however, in cases involving the definition of common law marriage, where the people of Tennessee have spoken on the definition of marriage by referendum
interpreting the Constitution of Tennessee, the circuit court's jurisdiction shall be limited to those
principles of common law consistent with the import of those votes by the people" following the
language "upon another tribunal".
SECTION 5. Tennessee Code Annotated, Section 16-11-102, is amended by deleting
subsection (a) and substituting instead the following:
(a) The chancery court has concurrent jurisdiction, with the circuit court, of all
civil causes of action, triable in the circuit court, except for unliquidated damages for
injuries to person or character, and except for unliquidated damages for injuries to
property not resulting from a breach of oral or written contract and except for cases
involving the definition of marriage at common law, in which case the court's jurisdiction
shall be limited to the principles of common law; and no demurrer for want of jurisdiction
of the cause of action shall be sustained in the chancery court, except in the cases
excepted.
SECTION 6. If any provision of this act or its application to any person or circumstance
is held invalid, then the invalidity does not affect other provisions or applications of the act that
can be given effect without the invalid provision or application, and to that end, the provisions of
this act are severable.
SECTION 7. This act takes effect upon becoming a law, the public welfare requiring it.
