Tennessee Court Dismisses Same Sex Marriage Licenses Lawsuit

A lawsuit against a Bradley County clerk who issued marriage licenses to same sex couples was recently dismissed by a circuit court judge and resulted in plaintiffs considering whether to pursue further legal actions. The lawsuit was initiated by a pastor in Bradley County Court in 2016.

The History of the Case

The Ninth Circuit Court previously denied a motion by the defendants in the case to dismiss matters pending a similar case that was being heard by the Tennessee Court of Appeals. As a result, at the time of its decision, the court determined that the petitioners had the requisite standing to assert their claims. This case was later heard in May of 2018.

The plaintiffs sought a declaration that Tennessee marriage laws were no longer valid and enforceable, arguing that the Obergefell decision that granted same sex couples the right to marry somehow invalidated all marriage laws in the state. The plaintiffs also sought a declaration that the state’s continued issuance of marriage licenses violated the Tennessee Constitution.

The Arguments in the Case

As part of the case before the Ninth Circuit, the plaintiffs attempted to argue that the same sex marriage licenses violated the Tennessee Constitution despite a 2015 decision by the United States Supreme Court that legalized same sex marriage. The plaintiffs argued that the Supreme Court’s decision violated Tennessee’s marriage laws, which define marriage as occurring between a man and a woman. The court, however, found that none of the plaintiffs were denied marriage licenses, so none were adversely affected by the issuance of marriage licenses to same sex couples. This led the court to find that no factual allegation supported the plaintiff’s claims. The plaintiffs also argued that a Williamson county clerk had created a duty that did not exist in current Tennessee law. In its conclusion, the court noted that if the plaintiffs disliked the decision, they could remain qualified voters and elect a different county clerk during the next election period.

Response to the Decision

Since the decision was issued, a lawyer for the county has stated that he hopes this decision brings matters to a close. The lawyer also restated that the county clerk was merely performing her duties as required by the State of Tennessee. The plaintiffs, however, have stated that they intend to pursue additional legal action against the county clerk and will be reviewing the possible next steps in the case. Despite the court’s decision, the plaintiff continues to argue that the United States Supreme Court’s decision does not prohibit the state of Tennessee from enforcing its constitutional amendment prohibiting same-sex marriage. To support this argument, the plaintiff claimed that federal courts are unable to create law and that as a result same sex marriage should not be recognized.

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The future of LGBT rights in the United States remains uncertain. While numerous advancements have occurred over the last few years, there have also been a number of setbacks. Each month, the Universal Life Church’s blog focuses on keeping its readers up to date on the important issues of our time.

(image courtesy of Estefanya Solvera)