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.


Seniors Get To Stay Another Year At Eastgate, But City Has To Put Up Sound Wall And Buy Decibel Meters; Could Face Noise Expenses

Seniors will get to keep their current location at Eastgate Town Center rent-free for another year, but the city must put up a sound wall to shield adjacent tenants from noise. Brent Goldberg, city CEO, also told City Council members that Eastgate is requiring the city to purchase two decibel meters. He said the city could face expenses of $500 per day if the sounds gets excessive. ... (click for more)

Nissan Altima Crashes Into Cleveland Habitat For Humanity ReStore

A white 1999 Nissan Altima crashed into the Habitat for Humanity's ReStore at 4605 North Lee Highway in Cleveland on Tuesday. The incident happened at 2:30 p.m. The driver, identified as Betty Rutledge, 77, and the passenger, Francis Swafford, 79, were both transported to SkyRidge Medical Center with minor injuries. No other individuals were injured in the crash. Property ... (click for more)

I'm Number One In A Round About Way

Roundabouts have been popping up all over Chattanooga over the past few years and for the most part have been successful.  Unfortunately there are some who just don’t get it as I have found out the hard way.    My latest instance was last week when a young woman on her cell phone almost t-boned me as she flew into the roundabout without yielding.  A near miss ... (click for more)

Roy Exum: Judge Philyaw Is The Best

Tomorrow morning there will be a special gathering at the Hamilton County Juvenile Court that will prove to our community that we have perhaps the most innovative juvenile judge in America. Shortly after Rob Philyaw was hand-picked by our Hamilton County Commissioners to fill the remainder of Suzanne Bailey’s term 15 months ago, he found that truancy was a big problem in our schools. ... (click for more)

Vols Open 2018 Season Against West Virginia In Charlotte

KNOXVILLE, Tenn.   – The Charlotte Sports Foundation announced Tuesday that the Tennessee Volunteers will open the 2018 season on September 1 against the West Virginia Mountaineers at Bank of America Stadium in Charlotte, North Carolina, home of the NFL's Carolina Panthers. All information related to kickoff date, time and tickets will be announced at ... (click for more)

Local Swimmers Excel At Georgia, Tennessee State Meets

Several Chattanooga-area swimmers had successful weekends in various meets this past weekend. The McCallie/GPS Aquatics team finished sixth out of 50 teams at the Southeastern Swimming Championship in Knoxville while swimmers from Fort Oglethorpe and Ringgold also had memorable performances at the Georgia State Meet, also held last weekend. The McCallie/GPS team recorded ... (click for more)