State Attorney General Files Appeal, Asks For Stay In Same-Sex Marriage Case

Tuesday, March 18, 2014

The state Attorney General's Office has filed for a stay and notice of appeal in the Tanco case (same-sex marriage case).

We intend to take all necessary steps to defend the law.  We have filed a motion for a stay and a notice of appeal,” said Sharon Curtis-Flair, spokeswoman for the Tennessee Attorney General’s Office.

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.

To read the filings, click here.


Sign Up To Get The Latest News, Opinions From Chattanoogan.com In Real Time; Win Set Of Chattanooga Photo Books

Sign up for our Facebook and Twitter feeds and you will get the  local news in "real time." You will also be entered for a chance to win the complete set of the Chattanooga Photo Books published by Chattanoogan.com. We will give away three sets of The Remarkable Stokes Collection, Railroads In and Around Chattanooga and Paul Hiener's Historic Chattanooga to our new Facebook ... (click for more)

Fort Oglethorpe Arrest Report For June 16-22

Here is the Fort Oglethorpe arrest report for June 16-22: 06-16-17 Samuel Kalil Hutchinson, 20, of 101 Ireland Lane, Chickamauga arrested on charges of violation of Georgia’s controlled substance act, possession of marijuana, no proof of insurance, operation of unregistered vehicle, use of license plate to conceal identity of motor vehicle and failure to obey traffic control ... (click for more)

Improvements On The Glass Bridge

The glass bridge has been an embarrassing situation almost since the day of installation. At least two or three and usually more sections of glass have continuously been cracked. This creates fear in pedestrians and causes most to want to use the middle metal section. In addition, it has not been maintained for cleanliness.  I observed that both the front section and ... (click for more)

Roy Exum: Heroes Gather On July 14

Oliver North, whose journey as American patriot has not been an easy one, never lost hope. He once admitted he lied to Congress under oath, was found guilty of three felony counts after he followed the direct orders of his superiors, and then endured the wrath of the ignorant before the ACLU – of all sources – had the charges vacated. The former Lt. Colonel in the Marine Corps ... (click for more)

Chattanooga FC Hosts Memphis City FC Wednesday

 What a week it's been for CFC. After starting the season scoring only six goals in eight games, the boys in blue have racked up 12 goals in the last three matches, most recently shutting down FC Carolina United 5-0 this past Saturday.  Chattanooga FC returns to the pitch this Wednesday to take on interstate rival Memphis City FC in a must win game for both teams  ... (click for more)

30 Mocs On Academic All-Southern Conference Team

The University of Tennessee at Chattanooga put 30 student-athletes on the 2017 Spring Academic All-Southern Conference Team, the league office announced this week.  Junior women's golfer Megan Woods and sophomore women's tennis player Sydney Patton led the way with perfect 4.0 grade-point-averages.  The spring squad consists of representatives from the following ... (click for more)