(Blogmensgo, gay blog of September 5, 2014) Judge Russell E. Simmons Jr. confirmed in a decision of July 5, 2014 under the court of Kinston, Tennessee legally entitling to prohibit marriage between persons of the same sex . Or, more accurately, does not recognize same-sex marriages performed outside its territory.
The Constitution of Tennessee ( pdf , see illustration below) states that marriage is the union of a man and a woman. The state does not have to validate gay marriages in jurisdictions where they are legal, said Simmons judge’s decision (unofficial text in pdf ).
doing so, Tennessee does not have to have a gay divorce since it has not legalized marriage. Tennessee law, said the judge Simmons, expressly provides that persons who do not have the right to marry in the state can not do recognize their marriage even if it was delivered elsewhere.
The case in respect of two Tennessee residents, Frederick Michael Borman and Kevin Larry Pyles-Borman, who married in Iowa on August 13, 2010 (legally, since Iowa allows gay marriages of non-residents) and are now seeking a divorce. And since for divorce must first be married, both men want to recognize their marriage by Tennessee as their state of residence for a valid divorce.
Simmons judge feels the rules of marriage in Tennessee can not be dictated or by any other state or the federal government. His decision is based on a judgment of the Supreme Court dated 1972, however, he did not consider the Windsor case found June 26, 2013 by the same Supreme Court in a direction favorable to marriage homosexual. More exactly has he considered that the judgment of 26 June 2013 does not explicitly mean that the definition of marriage as the union of one man and one woman is unconstitutional.
The decision of Judge Simmons (the text of which was still not officially available August 19) did so not really pronounced on the constitutionality of gay and lesbian marriage in Tennessee, but on the non-applicability of laws in Tennessee passed in other states.
This is the first time since June 2013 that a court of the United States – all jurisdictions – decides ipso facto in favor of banning gay marriage.
Meanwhile, more than 20 decisions, judgments or decisions in trial or on appeal (or even non-Federal Supreme Court) confirmed the legality of marriage or same-sex either unconstitutional prohibition.
The judge’s decision is subject to appeal Simmons. It is even less likely to influence future decisions of the federal courts that this case concerns a gay divorce, not – except indirectly – a gay marriage. The Court of Appeals for the 6 th spring must also decide in August or September 2014, on the constitutionality of the ban on gay marriage in Tennessee, Kentucky, Michigan and Ohio.
Philca & Matt / MensGo
(via blog of the Federal Supreme Court of August 11, 2014)