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1990 Tennessee Attorney General Reports and Opinions 1 (1990)

handle is hein.sag/sagtn0098 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276 Public Acts of 1971 April 1990 90-49 CLERGYMEN: A minister or officer who performs a marriage ceremony could be liable to the parties under a theory of common law negligence if he performs the ceremony without a marriage license; judges and state officials who are authorized to perform marriage ceremonies are absolutely immune from the payment of money damages for negligent acts within the scope of their employment; a minister or officer who performs a marriage ceremony without a marriage license has not committed a criminal offense; the failure to return the license to the :ounty clerk within three (3) days of the ceremony constitutes a misdemeanor under T.C.A. §36-3-303(a). T.C.A. §8-42-101, §9-8-307, S§31-2-104, -105, §36-2-101, -202, 5536-3-103, -104, -301, -303, -505, §40-35-111; 1989 Tenn. Pub. Acts 591. 90-47 CONSTITUTIONAL LAW, UNITED STATES: Amendments: Senate Joint Resolution 441 may rescind a 1975 resolution calling for a balanced budget amendment to the United States Constitution; whether SJR 441 would also validly rescind a 1977 resolution calling for a balanced budget amendment to the United States Constitution is less clear, however such a rescission would probably be valid. U.S. Const. Art. V; Ops. Tenn. Atty. Gen. of October 17, 1969, April 3, 1979. 90-50 CONSTITUTIONAL LAW, UNITED STATES: First Amendment Freedoms/Freedom of Speech: Senate Bill 2297, which would completely prohibit campaign contributions by multi-candidate political campaign committees, would probably violate the first amendment of the United States Constitution; such a bill could probably withstand constitutional scrutiny if it were amended to limit rather than to ban campaign contributions by multi-candidate political campaign committee, but a minimum amount that would withstand constitutional scrutiny cannot be predicted. U.S. Const. Amend. I.

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