Tennessee Code Annotated, Title 36, Chapter 3, is amended by adding the following as a new part: 36-3-201. Findings. The general assembly finds that: (1) The existence of a marital relationship between one (1) man and one (1) woman in this state is not dependent on enacted positive law, and the positive law cannot abolish the existence and creation of such a marital relationship but only regulate the mode by which a man and a woman enter into the marital relationship;

(2) The ninth amendment to the United States constitution guarantees to the people of this state the rights held by the people at common law, and the right of a man and a woman to enter into a marital relationship as defined at common law in terms of husband and wife will not be denied or disparaged by a construction of any enumerated rights in the constitution;