The attached videos show News 2 coverage of recently proposed legislation in Tennessee.
NASHVILLE, Tenn. (WKRN) — One Tennessee lawmaker would like to add a new kind of marriage to the books through a bill filed in the General Assembly.
State Rep. Gino Bulso (R-Brentwood) has filed HB 0315, which would enact the “Tennessee Covenant Marriage Act.”
According to its text, the bill would create a new kind of marriage agreement between Tennesseans.
A “covenant marriage” is defined in the bill as one entered into by one man and one woman, each having reached the “age of majority,” who “understand and agree that marriage is a lifelong relationship.”
The bill requires both parties to receive counseling emphasizing the nature, purposes, and responsibilities of marriage, and the marriage can only be broken legally when one person has committed a “complete and total breach of the marital covenant commitment.”
Under the text of the bill, a man and woman may contract a covenant marriage by declaring their intent to do so on their application for a marriage license and executing a declaration of intent to contract a covenant marriage. The application and declaration must then be filed with the county clerk who issues the marriage license.
That declaration must contain a few things, under the proposed bill:
- A statement made by both parties declaring solemnity and dedication to the covenant marriage under the law, as provided by the bill
- An affidavit by the parties that they have received premarital counseling from an ordained minister, religious priest or clergyman of a bona fide religion, or a counselor licensed under state law. Such counseling must include a discussion of the seriousness of covenant marriage, communication of the fact that a covenant marriage is a commitment for life, a discussion of the obligation to seek marital counseling in times of marital difficulties, and a discussion of the exclusive grounds for legally terminating a covenant marriage by divorce
- A notarized attestation confirming the parties were counseled as to the nature and purpose of the marriage and the grounds for termination; and the ordained minister, religious priest, clergyman, or licensed counselor provided to the parties the informational pamphlet developed and promulgated by the secretary of state. The attestation must be signed by either the religious figure or counselor, according to the bill.
- The signatures of both parties witnessed by a notary public
The bill also provides a way for couples married before July 1, 2025, to execute a declaration of intent to designate their marriage as a covenant marriage. All they would need to do is provide the same declaration documents to the office of the county clerk who issued their marriage license.
If a couple wants to designate their marriage as a covenant marriage but they were married out of state, the bill states they can provide their declaration with a copy of their out-of-state marriage license to the county clerk’s office where they live.
In both cases—previously held marriages and to-be-covenant marriages—the declarations must contain the following language signed by both parties:
We do solemnly declare that marriage is a covenant between a man and a woman who agree to live together as husband and wife for so long as we both may live. We have chosen each other carefully and disclosed to one another everything which could adversely affect the decision to enter into this marriage. We have received premarital counseling on the nature, purposes, and responsibilities of marriage. We have read the Tennessee Covenant Marriage Act, and we understand that a covenant marriage is for life. If we experience marital difficulties, we commit ourselves to take all reasonable efforts to preserve our marriage, including attending marriage counseling. With full knowledge of what this commitment means, we do hereby declare that our marriage will be bound by the laws of this state on covenant marriage, and we promise to love, honor, and care for one another as husband and wife for the rest of our lives
“Tennessee Covenant Marriage Act” statement
As outlined in the bill, there are only specific circumstances for which those in a covenant marriage could end it. A “non-breaching” party to the marriage could choose to obtain a judgment of divorce for the following reasons:
- The other spouse has committed adultery
- The other spouse has committed a felony and has been sentenced to death or continuous confinement
- The other spouse has abandoned the matrimonial domicile for one year and “repeatedly refuses to return”
- The other spouse has physically or sexually abused the spouse seeking the divorce or a child of one of the spouses
- The spouses have been living separately and apart continuously without reconciliation for two years, or for one year following an official date of legal separation
The bill also outlines how someone in a covenant marriage could obtain a legal separation from a judge, including:
- Adultery
- Committing a felony and receiving life imprisonment or the death penalty
- Abandonment
- Living alone for at least two years without reconciliation
- On account of habitual intemperance of the other spouse, or excesses, cruel treatment, or outrageous conduct of the other spouse, if such treatment is of a nature as to render their living together insupportable
Despite having grounds for separation and divorce, the bill states a legal separation “does not dissolve the bond of matrimony, because the separated husband and wife are not at liberty to marry again.”
It further states spouses who are legally separated in a covenant marriage must stay in that marriage until they either reconcile or divorce.
Finally, the bill requires the secretary of state to promulgate an informational pamphlet that outlines the “consequences of entering into a covenant marriage.” The pamphlet must be made available to the religious leaders and counselors outlined as provided in the bill.
If passed, the “Tennessee Covenant Marriage Act” would take effect July 1.
