Middle Tennessee Federal Judge Says Tennessee Must Recognize Validity Of 3 Out-Of-State Same-Sex Marriages

Friday, March 14, 2014

A federal judge in Middle Tennessee ruled Friday that Tennessee must preliminarily recognize as valid the out-of-state marriages of three same-sex couples. The couples, after moving to Tennessee, challenged the state's constitutional amendment banning recognition of such marriages.

Tennessee banned same-sex marriages in 2006 by a constitutional amendment.

Judge Trauger said, in light of the "rising tide" of such cases, the three couples were likely to succeed in their lawsuit.

She wrote, "In making its decision, the court must decide, among other things, whether the plaintiffs are likely to prevail on the merits of their claims, not that they have prevailed or that they necessarily will prevail on their claims.

"In other words, the court’s decision today simply reflects its best projection, based on the evidence and the existing state of the law, as to whether the plaintiffs are likely to win their case. Currently, all relevant federal authority indicates that the plaintiffs in this case are indeed likely to prevail on their claims that the Anti-Recognition Laws are unconstitutional."

The injunction applies only to the couples involved in the case.

It does not stop the state from continuing to ban same-sex marriages in Tennessee and to deny benefits to same-sex couples who are married in other states.

Judge Traugher said federal case law is moving towards overturning "anti-recognition" statutes.

David Fowler, president of the Family Action Council of Tennessee, said, "While today's decision by federal Judge Trauger is not a final ruling, she has clearly signaled her intent to continue the war by unelected federal judges against the rights of states and the citizens of that state to determine what its policies regarding marriage should be.

"In stating her intent to require Tennessee to recognize out-of-state marriages involving two individuals of the same sex, Judge Trauger only got one thing right-that her ruling will thwart 'democratically enacted laws' that were 'overwhelmingly' approved by 80 percent of Tennessee voters.

"If Judge Trauger continues on her present course and strikes down our marriage law, we trust that our state's attorney general will pursue an immediate appeal to rectify this assault on the will of the people, the rights of our state, and the institution of marriage."

Human Rights Campaign President Chad Griffin said, "Yet another federal judge has recognized that bans on marriage equality don't hold up to even basic constitutional scrutiny. Though today's ruling comes from Tennessee, it joins others issued recently in Virginia, Kentucky, Texas, Ohio, Oklahoma and Utah, and in this case the judge boldly noted that it won't be long before each and every remaining ban on marriage equality becomes a footnote in history. That day isn't here yet, but today Tennessee brought us one step closer to that goal."

Currently 29 states have constitutional amendments restricting marriage to one man and one woman.  Same-sex couples can legally marry in 17 states and Washington, D.C.


 


Walker County Arrest Report For Nov. 17-23

Here is the Walker County arrest report for Nov. 17-23: SLAUGHTER KANDICE SHAUNTA W/F 30 Officer SUMMERS *** BYRD BENJAMIN DAVID W/M 31 PROBATION PROBATION VIOLATION(F) PRUITT JENNIER LYNN W/F 24 Officer MILLER FAILURE TO APPEAR (F) CAL NAJEE MARIE B/F 25 Officer SUMMERS *** HOOPER KELLY DENISE W/F 36 Officer TAYLOR ... (click for more)

Latest Hamilton County Jail Booking Report - And Mug Shots

Here is the latest jail booking report from Hamilton County: AGNEW, JOHN ROBERTSON 1717 WHITEOAK ROAD APARTMENT B5 CHATTANOOGA, 37415 21 Hamilton County DISORDERLY CONDUCT POSSESSION OF CONTROLLED SUBSTANCE BAGGETT, DREW ELI 10873 WARD ROAD SODDY DAISY, 37379 23 Hamilton County SEAT BELT LAW VIOLATION BONNER, JAMES ROBERT 116 SWEETLAND DRIVE ... (click for more)

Don't Be Quick To Discard Common Core

Let's not be too quick to discard Common Core. A recent article in the Tennessean on  Sunday detailed Common Core successes the Kingsport, Tennessee school system.  I encourage you to read it.  The article also noted that Tennessee was recently ranked as one of the fastest improving states in education after implementing portions of the Common Core curriculum ... (click for more)

Roy Exum: UVa --Time For Change

The University of Virginia is, by any measure, one of the finest universities in the world. I have long admired it, whether covering dozens of sports events, cavorting with countless friends, or benefitting repeatedly from the surgical skills of the late world-class humanitarian Frank McCue. But today there is a terrible pall over “Mr. Jefferson’s university” – no, make that a ... (click for more)

Football Mocs Receive No. 8 Seed For FCS Playoffs

The hugs, high fives and first pumps by the Tennessee at Chattanooga football players late Sunday morning let everyone know in Moc Nation that the Blue and Gold had received a highy-coveted seed and would be hosting a second round NCAA FCS playoff game Dec 6 at Finley Stadium at 1 p.m. "When the television announcers called our name as the No.8 seed (out of eight ... (click for more)

Missouri Hangs On, Turns Back Tennessee, 29-21

KNOXVILLE, Tenn. – Missouri pin-pricked Joshua Dobbs’ bubble of invincibility Saturday night at Neyland Stadium. The nationally ranked Tigers drove a stake in Tennessee’s heart with Maty Mauk’s 73-yard touchdown pass to Jimmie Hunt in the fourth quarter, held Dobbs in check most of the game and beat the Vols, 29-21, before 95,821 fans on a chilly night on the banks of the Tennessee ... (click for more)