News
Court: Tenn. must recognize gay couples’ marriages
Judge predicts bans on gay nuptials will become ‘footnote’ in history
A federal court has ordered Tennessee to recognize the same-sex marriages of six gay couples (Image courtesy Wikimedia Commons).
A federal judge in Tennessee issued a preliminary injunction ordering the state to recognize same-sex marriages performed out-of-state — but only for the six plaintiff couples named in the lawsuit.
In a 20-page ruling, U.S. District Judge Aleta Trauger, a Clinton appointee, handed down the decision without making a final determination on whether the state’s anti-recognition laws are constitutional, but says they likely won’t stand up in court.
“The plaintiffs’ Motion for Preliminary Injunction will be granted, and the court will issue an injunction against the defendants, prohibiting them from enforcing the Anti-Recognition Laws against the six plaintiffs in this case,” Trauger writes.
Trauger suggests she’ll wait to issue a final determination after more courts in her circuit issue rulings on same-sex marriage, but adds the trajectory of recent decisions in other jurisdictions bodes well for same-sex couples.
“At some point in the future, likely with the benefit of additional precedent from circuit courts and, perhaps, the Supreme Court, the court will be asked to make a final ruling on the plaintiffs’ claims,” Trauger said. “At this point, all signs indicate that, in the eyes of the United States Constitution, the plaintiffs’ marriages will be placed on an equal footing with those of heterosexual couples and that proscriptions against same-sex marriage will soon become a footnote in the annals of American history.”
The lawsuit, known as Tanco v. Haslam, was filed in October by private attorneys and the National Center for Lesbian Rights. Three same-sex couples are named in the lawsuit; each lived and were legally married in another state before moving to Tennessee. The couples filed a motion for preliminary injunction in November 2013 seeking immediate protection while their case proceeds.
The three couples are Dr. Valeria Tanco and Dr. Sophy Jesty of Knoxville; Army Reserve Sergeant First Class Ijpe DeKoe and Thom Kostura of Memphis; and Matthew Mansell and Johno Espejo of Franklin. Although the case was originally filed on behalf of four couples, Erik Olvera, an NCLR spokesperson, said one couple dropped out for personal reasons.
Shannon Minter, legal director for the National Center for Lesbian Rights, said the decision “marks yet another recognition” in a string of decisions that determined laws barring same-sex couples from marriage have no reasonable justification.
“The courts’ decisions also reflect a broader societal movement toward respect for same-sex couples and their families,” Minter said. “As people have gotten to know the same-sex couples who are their neighbors, co-workers, relatives, and friends, they have come to see the unfairness of laws that deny protection to loving, stable relationships and stigmatize children being raised by same-sex parents.”
In her decision, Trauger reflects on the U.S. Supreme Court’s decision against the Defense of Marriage Act, saying the overwhelming case law following the ruling has led courts to determine state laws barring same-sex marriage are unconstitutional.
“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,” Trauger said.
Dave Smith, a spokesperson for Gov. Bill Haslem, said the opinion is “under review” when asked if the decision will be appealed, but conveyed the sense that his boss isn’t happy with the decision.
“The opinion is under review,” Smith said. “The governor is disappointed that the court has stepped in when Tennesseans have voted clearly on this issue. It’s inappropriate to comment further due to the continuing litigation.”
Sharon Curtis-Flair, a spokesperson for Tennessee Attorney General Robert Cooper, Jr., expressed a similar sentiment.
“We are reviewing the decision and intend to take all necessary steps to defend the law,” Curtis-Flair said.
Although courts in the Second Circuit and Ninth Circuit have issued rulings saying laws related to sexual orientation should be subject to heightened scrutiny, or a greater assumption they’re unconstitutional, Trauger doesn’t apply that standard because she suspects Tennessee’s marriage ban fails the lower standard of “rational basis” review.
“The court finds that the plaintiffs are likely to succeed on the merits of their equal protection challenge, even under a ‘rational basis’ standard of review,” Trauger writes. “For this reason, the court need not address at this stage whether sexual orientation discrimination merits a heightened standard of constitutional review or whether the plaintiffs are likely to prevail on their additional due process and right to travel challenges.”
Jesty, one of the plaintiffs in the case, said she and her spouse are “overjoyed with the ruling” because it will enable them to receive protections afforded to other opposite-sex couples in similar situations.
“As a result of this order, our daughter will never know a time when her bonds with her loving parents were not protected or the state saw her family as less worthy than other families,” Jesty said. “We look forward to the resolution of this case so that all married same-sex couples in Tennessee can have the protections that we were granted today.”
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Congratulations to Congresswoman Sarah McBride (D-Del.) on being honored with this year’s Stonewall Award from Whitman-Walker Health. Amy Nelson, senior director of Legal Services, said, “Congresswoman Sarah McBride is working to make healthcare accessible to all, and this award recognizes her support of healthcare as a human right. Our legal program supports families facing unprecedented challenges to stay healthy and safe – families that Congresswoman McBride champions with a deep understanding of the issues they face and the legislative expertise of how to support them.”
McBride, in a press release, said, “I am honored to accept this year’s Stonewall Award from Whitman-Walker Health — an organization that has spent 40 years doing vital work to ensure every person can access the dignity of care. In the wealthiest and most developed nation on earth, the ability to receive care should not be a matter of luck—it should be the law of the land. I am proud to be recognized as a partner in this work and to support Whitman-Walker Health in their mission to build a healthier society for all.”
Congratulations also to Wes Drummond who will join Clear Space Theatre Company in Rehoboth Beach, Del., as its third artistic director. Managing Director Joe Gfaller said, “This is an exciting moment of growth for Clear Space as we welcome Wes to join our remarkable team. I am confident he will be an excellent partner as we work with our entire staff, board, and committed team of volunteers, to ensure Clear Space can achieve its full potential in pursuit of our mission to unite and enrich our community through every production on stage, and every arts-based learning program we offer throughout our community.”
On accepting the position Drummond said, “I’m honored to join Clear Space Theatre Company as artistic director, and beyond excited for what we’re about to create together. Clear Space has established itself as a vital and vibrant part of the cultural life of coastal Delaware, and I feel incredibly fortunate to step into this next chapter alongside such a passionate and dedicated team. Rehoboth Beach is a place defined by creativity and community, and I look forward to listening, learning, and building meaningful relationships across the region in the months ahead. My vision is to help Clear Space continue to grow as a bold, forward-thinking, cultural force, that champions fearless storytelling.”
Drummond served in leadership roles at Duluth Playhouse in Duluth, Minn., from 2021 to 2026, including four years as executive director followed by one year as executive producing artistic director, guiding the organization through a period of significant transformation and stability in the wake of the COVID-19 pandemic. As a director, he has worked extensively in New York City, Chicago, and at regional theaters across the country, directing both musical theater and plays with a focus on storytelling that bridges classical works with contemporary perspectives. He has collaborated with leading figures in the industry, including Tony Award-winning director Matthew Warchus, and Tony-nominated director Michael Greif. He is an associate member of the Stage Directors and Choreographers Society.
Wes earned his MFA in directing, Penn State University, where he studied under Tony-nominated director, Susan H. Schulman.
Virginia
Va. Supreme Court invalidates Democrat-backed redistricting plan
Voters narrowly approved new congressional districts last month
The Virginia Supreme Court on Friday struck down a Democrat-backed redistricting plan that voters approved last month.
Ten of 11 of Virginia’s congressional districts favor Democrats in the plan that passed by a 51-48 vote margin in last month’s referendum.
The Human Rights Campaign PAC is among the groups that support it. The court by a 4-3 majority invalidated the referendum results.
District of Columbia
Maren Morris to headline Capital Pride Concert
Grammy award-winning singer/songwriter came out as bisexual in 2024
Capital Pride Alliance, the group that organizes D.C.’s annual LGBTQ Pride events, announced on May 7 that nationally acclaimed singer-songwriter Maren Morris, who identifies as bisexual, will be the headline performer at this year’s Capital Pride Concert scheduled for June 21.
The concert takes place as part of the annual Capital Pride Festival held on Pennsylvania Avenue, N.W., usually between 3rd Street near the U.S. Capitol and 9th Street.
“Morris, known for her genre-blending sound and outspoken support of LGBTQ+ rights, will be joined by a standout lineup, including acclaimed queer rapper Leikeli47, pop icon Lisa Lisa, Juno-nominated producer and DJ from the ‘Heated Rivalry’ soundtrack, Harrison, and ‘RuPaul’s Drag Race’ Season 18 winner Myki Meeks,” according to a statement released by Capital Pride.
“In a moment when LGBTQ+ people are being challenged across the country, the Capital Pride Concert is a space where our community is fully seen and heard,” Ryan Bos, the Capital Pride Alliance CEO and president, said in the statement. “Bringing Maren Morris to the stage reflects this year’s theme: Exist, Resist, Have the Audacity,” Bos said.
The statement notes that the concert takes place as part of the annual D.C. Pride Festival, which is open to the public free of charge, with tickets available for purchase for specific areas listed as the Capital Stage Pit Zone and the VIP Concert Zone.
It says the festival takes place from 12 –10 p.m. and points out that in addition to the music performed by multiple other performers on several stages, festival attendees “can explore hundreds of exhibitors, community organizations, and artisans, along with multiple food courts and beverage gardens throughout the festival footprint.”
Information on the Capital Pride Alliance website shows that the festival takes place one day after the annual Capital Pride Parade, scheduled for June 20 and which is expected to travel from 14th and T Streets, N.W., to Pennsylvania Ave., N.W., where it is expected to end at 9th Street.
The statement adds that following the stage performances during the June 21 festival, which are expected to conclude around 8 p.m., “the celebration will continue with the Capitol Sunset Dance Party, closing out the evening against the backdrop of the U.S. Capitol.”
The online publication Today, which is part of the NBC “Today” television show, reported that Morris came out as bisexual in a 2024 during Pride. It reports Morris “shared several images of herself holding a Pride flag to mark the occasion, writing, ‘Happy to be the B in LGBTQ+’”
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