Discussion: Tennessee Judge Snaps Winning Streak For Marriage Equality

Discussion for article #226240

State judge; elected official. Meaningless

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So some STATE judge in TN thinks that TN laws trump the Federal laws and rulings in appeals court, including the appeals court that is over the state of TN.

Translation - this judge is a fool and will be over ruled when the issue is taken to federal court, which it will if it has not already.

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Wannabe

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Presumably wanted to get his name in the paper.

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Note to TPM: That file photo with the rainbow singlet has GOT to go.

The only path from this ruling to federal court is up through the state intermediate appellate and supreme court and from the state supreme court to SCOTUS. In an action in federal court by other parties, however, it will likely be either disregarded or considered and rejected.

This judge is a minor circuit court judge whose jurisdiction is limited to a maximum of four counties…

He’s very conservative, and will be overturned.

He lives in Kingston, county seat or Roane County, and usually deals with the city of Loudon as his jurisdiction.
His court is one step above traffic court.

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I always assumed it was Josh Marshall camping it up in that picture.

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Stupid, cracker judge…

This decision will go down in history along with Citizens United as WTF decisions.

SCROTUS will use this one decision as an excuse to burn all the other ones.

Gee, you wish a judge (even a State judge) would have heard of full faith and credit. After all its in that Constitooshun thing they all say they love.

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They cannot in good conscience take a minor state judge’s opinion as more powerful or pertinent than federal court opinions.

The terms “SCROTUS” and “conscience” may be mutually exclusive.

True enough.

Yeah, good news then as long as one marries a first cousin who isn’t of the same sex. /s

The judge is ruling entirely on the basis of state law and not considering the constitutional issue. From this point of view he is upholding the law as written. He is further encouraged by section 2 of DOMA, which is still in effect and gives the states the right not to recognize same-sex marriages performed in other states. Once the constitutional issue of equal protection under the law is engaged, the state law will fall.

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“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”

Yes, your Honor, that is the law that is on the books. You weren’t asked to either cite it or recite it; you were asked to rule on its Constitutionality.

Silly judges.

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This will have no bearing on any court, SCOTUS or other. It’s a state trial court’s decision in a divorce case and has no significance–precedential or persuasive–on any other court’s analysis of the constitutional issues presented.