Update: Fed. Judge Issues Preliminary Injunction Against TN in Same Sex Marriage Case

We have been following the Tennessee same sex marriage lawsuit Tanco v. Haslam since it was filed in October 2013. This is a federal case initiated by eight plaintiffs seeking injunctive relief as a remedy, among other things. The complainants asked the court to order Tennessee to recognize their same sex marriages.

Under Tennessee law, a marriage is between one man and one woman. Any out-of-state marriage that is not between one man and one woman is “void and unenforceable.” T.C.A. § 36-3-113.

Tennessee defendants are Governor Bill Haslam, Commissioners Bill Gibbons and Larry Martin, and Attorney General Robert Cooper in their official capacities.

UPDATE: Fed. Judge issues Preliminary Injunction against Tennessee in same sex marriage case.

Last December, we posted our first discussion about the case in Same Sex Married Couples Challenge Tennessee Constitution in Federal Court. In that article, we reviewed the parties’ respective circumstances, the applicable state and federal laws, and the relief plaintiffs seek.

Memphis divorce attorney Miles Mason, Sr., appeared on WREG News Channel 3’s Live @ 9 with Marybeth Conly and Alex Coleman to comment on this same sex litigation in November of 2013. You can watch that interview on YouTube and on TN Same Sex Marriage Lawsuit | Mason Comments on Live @ 9.

Summary of Same Sex Lawsuit Filed in Nashville

The plaintiffs are four same sex couples who were lawfully married in other jurisdictions before relocating to Tennessee. (Two marriages took place in NY, one each in CA and NJ.) In their complaint, plaintiffs asked the U.S. District Court for the Middle District of Tennessee to enjoin the state from enforcing its constitutional and statutory law prohibiting recognition of same sex marriages in Tennessee.

Court Issues Preliminary Injunction for 3 Same Sex Marriages

On Friday, March 14, the U.S. District Judge assigned to the case ordered a preliminary injunction prohibiting Tennessee from enforcing its law prohibiting recognition of same sex marriages. The preliminary injunction is not a final decision in the case, which is still pending, but it is an important event as the parties (plaintiffs and defendants) continue litigating the lawsuit.

When considering preliminary injunctive relief, the judge looks at the facts and arguments presented to assess whether irreparable harm could occur if the requested relief is not granted; and each party’s likelihood of success on the merits (that is, of winning), and other equitable factors. In her memorandum opinion, the judge cited U.S. v. Windsor, 133 S.Ct. 2675 (2013), and other related cases, stating in part:

“In light of this rising tide of persuasive post-Windsor federal caselaw, it is no leap to conclude that the plaintiffs here are likely to succeed in their challenge to Tennessee’s Anti-Recognition Laws.”

Although there are eight plaintiffs in Tanco v. Haslam, the court’s preliminary injunction only applies to six of them. The three couples protected by the order are:

● Valeria Tanco and Sophy Jesty

● Ijpe DeKoe and Thomas Kastura

● Johno Espejo and Matthew Mansell

The preliminary injunction prohibits defendants from enforcing Tennessee’s “Anti-Recognition Laws against the six plaintiffs” named above. Kellie Miller and Melissa DeVillez, the same sex couple who married in New Jersey before moving to Greenbrier, were not granted relief.

In an immediate response to the federal judge’s order, Tennessee Director of Communications Sharon Curtis-Flair issued this official statement: “We are reviewing the decision and intend to take all necessary steps to defend the law.”

Miles Mason Family Law Group, Memphis TN

The Miles Mason Family Law Group handles Tennessee divorce, child support, alimony, child custody, and parent relocation. Download our free e-Book, Your First Steps: 7 Steps Planning Your Tennessee Divorce. A Memphis divorce lawyer from the Miles Mason Family Law Group can help. To schedule your confidential consultation, call us today at (901) 683-1850.