Main | Monday, August 11, 2014

TENNESSEE: State Judge Upholds Ban On Out-Of-State Marriage Recognition

Via Lyle Dennison at SCOTUSblog:
For the first time in nearly fourteen months, a state’s ban on same-sex marriage has withstood a constitutional challenge in court. A state judge in Tennessee ruled last week that “neither the Federal Government nor another state should be allowed to dictate to Tennessee what has traditionally been a state’s responsibility.” The decision, issued last Tuesday, has just become available in electronic format. Roane County Circuit Judge Russell E. Simmons, Jr., of Kingston ruled in a case of two gay men who were married four years ago in Iowa and are now seeking a divorce in their home state of Tennessee. Unlike every other court ruling — federal or state — since the Supreme Court’s decision in United States v. Windsor in June 2013, the judge rejected the idea that the Windsor decision undercut state authority to ban same-sex marriages. More than two dozen courts, from trial courts to state supreme courts and federal appeals courts, have faced that constitutional issue, and the string of decisions nullifying the bans was unbroken until the Tennessee decision.
We all knew that the streak couldn't last forever. And now we'll have to endure wild celebrations from Christian and anti-gay groups - who have been so very terribly starved for ANY reason to be cheerful for a long, long time.

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