A Tennessee state trial court on August 5 upheld Tennessee’s non-recognition of a valid out-of-state same-sex “marriage.” This is the first win for marriage in court since U.S. v. Windsor.
In his decision, the judge said, regarding the definition of marriage: “The Court also finds that this should be the prerogative of each State. That neither the Federal Government nor another state should be allowed to dictate to Tennessee what has traditionally been a state’s responsibility, which is to provide a framework of laws to govern the safety and wellbeing of its citizens.” Regarding Windsor, the judge said, “The Windsor case is concerned with the definition of marriage, only as it applies to federal laws, and does not give an opinion concerning whether one State must accept as valid a same-sex marriage allowed in another State. . . . The Supreme Court does not go the final step and find that a State that defines marriages as a union of one (1) man and one (1) woman is unconstitutional.”