TN’s Religious Liberty Comeback Offers a Lesson for Every State

Hundreds of thousands of people have moved to Tennessee (TN) over the past decade. People come to the “Volunteer State” for many reasons, but its commitment to individual liberty is part of the appeal, and recent laws have made TN one of the nation’s strongest protectors of religious liberty.

Tennesseans know that a comeback requires more than playing defense.  The same is true for religious liberty, where advances are made when lawmakers identify specific ways people may be forced to violate their convictions and enact clear protections before those conflicts reach a courtroom.

This year, TN rose to second place in the 2026 Religious Liberty in the States index, up from tenth place in 2025.  The state now protects 85% of the religious liberty safeguards measured by the index, earning an “excellent” rating alongside first-place Arkansas (AR).

TN improved largely because lawmakers enacted the Medical Ethics Defense Act.  The law protects healthcare professionals and institutions from being forced to participate in or pay for medical services that violate their religious or moral convictions.

TN and AR’s success reflects a pattern seen throughout the history of the index.  The 2026 index measures 50 legal protections across 20 safeguards, but three kinds of laws have repeatedly produced some of the largest gains in state scores.

1. Enact a State RFRA

The first is a state-level Religious Freedom Restoration Act (RFRA), which 30 states now have, including eight out of the top ten states.  Georgia adopted a RFRA in 2025, which contributed to its rank improving from 36th to 23rd.  State RFRAs are important because they provide broad protection when government action substantially burdens a person’s religious exercise.  They require the government to justify such a burden under the strictest legal standard, protecting individuals and organizations when more specific laws do not apply.

2. Protect Conscience in Health Care

Second is a general medical conscience protection, such as what TN enacted this past year. This type of statute allows healthcare providers to decline participation in procedures for reasons of conscience without listing every protected procedure or permissible objection. When South Carolina passed a general medical conscience law in 2022, it rose to second place in the 2023 rankings.  Idaho also passed a version of this law this past year, which helped it move up to eighth place from 13th in 2025.  Although only 11 states have such a law, all ten of the highest-ranked states do.

3. Protect the Right to Decline Participation in Weddings

The third category protects people and organizations that decline to participate in wedding ceremonies or celebrations.  Nineteen states provide some protection for religious entities, but only two protect private businesses from being forced to provide services for weddings that violate their owners’ beliefs.  These laws recognize that religious liberty follows Americans into the marketplace.  Americans should not lose the freedom to live according to their faith simply because they operate a business.

For example, Aaron and Melissa Klein, owners of Sweet Cakes by Melissa, declined to create a custom cake for a same-sex wedding because of their Christian convictions. Instead of protecting their religious liberty, their home state of Oregon punished them with a $135,000 penalty and issued a gag order against them.  First Liberty represents the Kleins in this case, and notably, Oregon currently ranks 39th in the index.  A clear state law could protect individuals and businesses from this kind of government punishment before years of litigation become necessary.

Court victories remain essential when officials violate constitutional rights, but lawmakers need not wait for a lawsuit.  They can enact durable protections before people are forced to choose between complying with a government mandate and following their religious convictions.

Second place is an achievement, but TN still only protects 85% of the items measured by the index.  The clearest area for improvement involves participation in wedding ceremonies.  TN does not fully protect religious organizations or private businesses that decline to participate in weddings that conflict with their sincerely held religious beliefs.

AR is one of the two states that protect private businesses in this area, a distinction that contributed to its first-place finish in 2026.  If TN had adopted protections covering all four wedding-related items, its score this year would be approximately 92.5%.  That would surpass AR’s current score, and would have landed TN at the top of the rankings in the 2026 index.

More important than the ranking, such laws would protect real people and continue to make TN a destination state for religious liberty.

Fellow citizens: See where your state ranks and identify the next steps lawmakers can take in your state to protect religious liberty for all.

 

Rev. Dr. Kenneth L. Beale, Jr.
Chaplain (Colonel-Ret), U.S. Army
Pastor, Ft. Snelling Memorial Chapel