The Gay Thing: Tennessee Stalls Marriage Equality's Winning Streak

Since the Supreme Court ruled part of the (badly named) Defense of Marriage Act unconstitutional in 2013, the marriage equality cause has been on an unbroken streak of victory, at least 30 wins, depending on how you count them. Inevitably, that streak was broken by a contrary decision in the State of Tennessee.

Image from source, TPM

There is a very strange wild card in play that has so far been dismissed, but in the Tennessee case was ruled valid. It's called Baker v. Nelson, a Minnesota State Supreme Court case, which ruled against same-sex marriage in 1971. The next year, the Supreme Court of the United States dismissed the appeal, but somehow--I'm not a lawyer, so I'm really not getting this--the Baker decision is precedent. Other courts have decided that times have changed in the past 43 years (imagine that!), and Baker doesn't apply. Tennessee apparently thinks otherwise.

So, it's a wrinkle. It was pretty much bound to happen, and I'm sure the National Organization for Marriage and its allies will undoubtedly be doing cartwheels, and trumpeting that the tide has turned.

[Excerpt]

Judge Ends Marriage Equality's Undefeated Streak Since SCOTUS Ruling

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. . .

Read more at: Talking Points Memo