Judge Ends Marriage Equality's Undefeated Streak Since SCOTUS Ruling

[DonViejo]

Source: TPM

By SAHIL KAPUR Published AUGUST 11, 2014, 4:31 PM EDT

A state judge in Tennessee has upheld a law banning recognition of same-sex marriages, snapping the extraordinary winning streak for marriage equality in several dozen state and federal courts since the Supreme Court ruling U.S. v. Windsor in June 2013.

Circuit Court Judge Russell E. Simmons ruled that Tennessee need not recognize the union of Frederick Michael Borman and Larry Kevin Pyles-Borman, who married in August 2010 in Iowa. The judge invoked Tennessee's state laws defining marriage as between one man and one woman.

"Tennessee's laws further provide that if another state allows persons to marriage who are prohibited from marriage in Tennessee, then that marriage is void and unenforceable in Tennessee," he wrote in a ruling last Tuesday, which has now been published online by Lyle Denniston of SCOTUSblog.

Denniston pointed out that it was the first time a gay marriage ban survived a challenge in any court since Windsor, in which the Supreme Court said the federal government may not deny benefits to married same-sex couples.

-snip-

Read more: http://talkingpointsmemo.com/dc/tennessee-judge-ends-gay-marriage-winning-streak

[morningfog]

1. Still no federal judge or appellate level judge of a state, which is more significant.

He's one trial court judge and he will be overturned in due time.

[Louisiana1976]

5. I hope you're right.

[Unvanguard]

12. Two federal judges have voted to uphold marriage bans but they were outvoted on their panels.

Last edited Tue Aug 12, 2014, 03:43 PM - Edit history (1)

The Fourth and Tenth Circuit rulings were 2-1. Those dissents are probably more significant than this ruling actually, though even then the fact that they're dissents is a pretty important qualification.

[BlueJazz]

2. About time. We'll see a huge drop regarding divorces in Tennessee. Tired of marriages being ruined.

Oh Yeah.

[DonCoquixote]

3. Hey TN

I know you are trying to lure companies down to you. Ever consider that no hogh tech form will want to set up shop where their employees will havr to invaidate marriages?

[Treant]

4. Playing the States' Rights Card

A clear violation of Article IV, Section 1.

Overturn by appellate judge in 3...2...

[the_sly_pig]

6. Moran.

[Hosnon]

7. State judges are a dime a dozen.

Federal court decisions are much more important. A Tennessee federal judge can order this judge to recognize gay marriages; the reverse isn't really true.

[cosmicone]

8. Judge looking for a brane. n/t

[blkmusclmachine]

9. Another Lib-er-tee grad-gee-ate?

[scmoore120]

10. Nothing like being on the wrong side of civil rights.

[Unvanguard]

11. It's a pretty empty, conclusory opinion from a state judge.

Future briefs from same-sex marriage supporters will have to slightly adjust their phrasing--"every federal court since Windsor" instead of "every federal and state court since Windsor"--but not an especially important development.

[Calista241]

13. Well, he's a trial judge

Not exactly in his remit to go about declaring stuff unconstitutional.

This is what appeals are for anyway. All this does is move it up the ladder.