When considering what protections exist for the exercise of our basic religious freedoms most look to the federal constitution and cases decided by the U.S. Supreme Court. But Tennessee also has a rich history of enshrining protections for the exercise of such freedom, and has traditionally placed a high value on the ability of individuals to express religious speech and engage in religious activity.
1. Tennessee Constitutional Protection
Tennessee’s Constitution, Article I, § 3, provides:
That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience; that no man can of right be compelled to attend, erect, or support any place of worship, or to maintain any minister against his consent; that no human authority can, in any case whatever, control or interfere with the rights of conscience; and that no preference shall ever be given, by law, to any religious establishment or mode of worship.’
Our Tennessee Supreme Court has routinely held that the language in our state constitution, when compared to the guarantee of religious freedom contained in the federal constitution, is a stronger guarantee of religious freedom. See Carden v. Bland, 199 Tenn. 665, 288 S.W.2d 718, 721(1956).
2. Tennessee’s Preservation of Religious Freedom Act.
This Tennessee law provides broad protection for one who claims their religious exercise has been burdened by some government action. Such individuals may assert their rights under this statute as a claim or defense in any judicial or administrative proceeding and may obtain such declaratory relief, including monetary damages. In addition, a person who prevails in any proceeding to enforce this section against a government entity may recover the person’s reasonable costs and attorney’s fees.
This law, which may be found at Tenn. Code Ann. § 4-1-407, also has some very specific protections. For example, one provision states: “A government entity shall not subpoena a clergy member’s sermon, including notes used to prepare a sermon or an audio or video recording of a sermon, or subpoena a clergy member’s attendance to testify regarding a sermon, for use in a civil or administrative action.”
3. Protection Against Discrimination When Religious Organizations Contract With The Government
If a church or religious organization contracts with a government agency, this law provides that it retains its independence from federal, state and local governments, including the religious organization’s control over the definition, development, practice and expression of its religious beliefs. State and local governments cannot require a religious organization to alter its form of internal governance or to remove religious art, icons, scripture or other symbols in order to be eligible to contract to provide assistance or to accept grants or other forms of disbursement funded under any program or public contract. See Tenn. Code Ann. § 12-3-308.
4. Right to Wear Religious Garb and Symbols
School employees, including teachers, enjoy a statutory right under Tennessee law to wear religious garb or symbols so long as they do not disrupt the school environment. The statute further protects their right to “read a religious book (including the Bible) during non-instructional time” and to “quietly say grace before a meal” and to “meet with other school employees for prayer or scriptural study before or after school or during the employee’s lunch period.” Tenn. Code Ann. § 49-6-8004.
5. Religious Exemptions Under Tennessee Law
Tennessee also protects religious liberty through various specific exemptions and carve‑outs, including but not limited to:
Healthcare conscience protections:
Tennessee law provides conscience exemptions allowing certain healthcare providers and institutions to refuse participation in abortion, sterilization, or contraceptive distribution if contrary to religious or moral beliefs.
Religious exemptions from vaccine mandates:
Tennessee allows religious exemptions to certain vaccine requirements.
Religious‑based exemptions for employers and benefits
State law allows individuals to object based on their religious beliefs to participation in contraceptive‑related mandates that include abortifacients. This includes the right of an employer to refuse to provide insurance coverage for such items based on its religious or faith-based objection.
6. Parental Opt-Out of Curriculum
Parents have a statutory right under Tennessee law to be provided notice by school officials who intend to present a “sexual orientation” or “gender identity” curriculum to their child. Parents have the right to inspect the curriculum at least thirty days before it is presented and to request that their child be excused from receiving the instruction based on the parents’ religious or philosophical objection. Tenn. Code Ann. § 49-6-1308.
—Larry L. Crain, Crain Law Group, PLLC crainlaw.legal, 615-376-2600
