Tennessee ordered to recognize same-sex couples’ marriages
A federal court ordered Tennessee officials to legally recognize the marriages of three same-sex couples in a decision handed down Friday.
U.S. District Court Judge Aleta Trauger granted a preliminary injunction for three couples challenging the state’s ban on recognizing legal same-sex marriages performed in other jurisdictions as the case is considered. The case, which was only filed on behalf of the three same-sex couples, only challenges Tennessee’s ban on recognition of same-sex marriages legally performed in other jurisdictions and not the state’s refusal to permit same-sex marriages.
“[T]he 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,” Trauger wrote.
Trauger was clear that the “order only means that, at least for the time being, Tennessee will not be able to enforce the Anti- Recognition Laws against six people (three same-sex couples) until the court renders a final judgment in the case” and that the state’s ban on the consummation of same-sex marriages remains in place. And while the order states that Tennessee’s same-sex marriage and Anti-Recognition Laws are not necessarily unconstitutional, they could be found to be very soon.
“At some point in the future, likely with the benefit of additional precedent from circuit courts and, perhaps, the Supreme Court, the court will be asked to make a final ruling on the plaintiffs’ claims,” Trauger wrote. “At this point, all signs indicate that, in the eyes of the United States Constitution, the plaintiffs’ marriages will be placed on an equal footing with those of heterosexual couples and that proscriptions against same-sex marriage will soon become a footnote in the annals of American history.”
[Photo: Tennessee State Capitol, via Wikimedia Commons.]
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