TENNESSEE: Sixth Circuit Court Issues Stay On Marriage Recognition

In mid-March, a federal district court issued a temporary ruling which orders Tennessee to recognize the legal out-of-state marriages of three gay couples. That same week Tennessee Attorney General Robert Cooper announced that he would file an appeal. Yesterday the Sixth Circuit Court issued a stay on the lower court's ruling.

In deciding whether to issue a stay, the Court balances four factors: 1) whether the moving party "has a strong or substantial likelihood of success on the merits"; (2) whether the moving party "will suffer irreparable harm"  if the order is not stayed; (3) whether issuing a stay “will substantially injure other interested parties”; and (4) “where the public interest lies.” Baker v. Adams Cnty./Ohio Valley School Bd ., 310 F.3d 927, 928 (6th Cir. 2002). Because the law in this area is so unsettled, in our judgment the public interest and the interests of the parties would be best served by this Court imposing a stay on the district court’s order until this case is reviewed on appeal.

Read the full ruling. (Via Equality Case Files)