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.


 


Latest Hamilton County Jail Booking Report

Here is the latest jail booking report from Hamilton County: ALLEN, EDWARD HOMELESS CHATTANOOGA, 37410 52 Chattanooga PUBLIC INTOXICATION BEENE, JENNIFER LENA 4717 ELDRIDGE ROAD HIXSON, 37343 30 Chattanooga DRIVING UNDER THE INFLUENCE DRIVING ON ROADWAYS LANED FOR TRAFFIC, VIOLATION LIGHT LAW VIOLATION RESISTING ARREST OR OBSTRUCTION OF LEGAL ... (click for more)

Corker Gives Statement On White House Veto Threat Against Iran Nuclear Agreement Review Act Of 2015

Senator Bob Corker made the following statement regarding the White House’s  threat  of a presidential veto against his bipartisan bill requiring congressional review of any comprehensive nuclear agreement with Iran. "It is disappointing that the president feels he is the only one who speaks for the citizens of our country," said Senator Corker. "Congress put these ... (click for more)

Net Neutrality: The Beginning Of The End Or Just A New Beginning?

“The Internet is simply too important to be left without rules and without a referee on the field,” says Tom Wheeler, chairman of the Federal Communications Commission, “Today’s order is more powerful and more expansive than any previously suggested.”  The FCC’s vote for so-called Net Neutrality purports to allow the agency to regulate the Internet as a public utility.  ... (click for more)

Roy Exum: My Garden On March 1

As I try to do at the beginning of each month, I stroll through my garden to see the good and the bad. This morning there is still a solid covering of snow but, as usual, there is still a lot to see. March is historically known for “coming in like a lion and leaving like a lamb” so let’s see who gets what: A LAMB to the fact 90-year-old Floyd Hartwig of Easton, Calif., and his ... (click for more)

Regoin 3-AA Boys Final At Chattanooga State Monday

The fifth meeting between the Brainerd Panthers and the Central Purple Pounders will be held at Chattanooga State on Monday night with the tipoff set for 7 p.m. This upcoming game will be the biggest to date as it's for the Region 3-AA boys championship. Monday's winner will be at home on Tuesday for a sectional game while the loser will be on the road Tuesday night.  Brainerd ... (click for more)

Brainerd, Central Boys Advance To Region 3-AA Hoop Finals

LOUDON, Tenn. -- Brainerd won both regular-season matchups while Central won at the Best of Preps third-place consolation game before capturing the District 6-AA title last week at Red Bank. The season tally is now two wins each against each other and now they are ready for Round 5 following the Region 3-AA semifinals here at Loudon High School Saturday afternoon. Brainerd ... (click for more)