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.”
Abigail Spanberger was sworn in as the 75th governor of Virginia at a ceremony on the grounds of the Virginia State Capitol on Saturday. Thousands of spectators watched the swearing-in ceremony and parade, despite the rain and temperatures in the low 40s.
Spanberger, a member of the Democratic Party and an LGBTQ ally, became the first woman to be Virginia’s governor.
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Newly-elected Attorney General Jay Jones, Lt. Gov. Ghazala Hashmi, and Spanberger were each administered the oath of office in the public ceremony.
Republican former Gov. Glenn Youngkin left the ceremony shortly after the oath of office was administered to Spanberger and before the inaugural address.
In her speech, the new governor made an appeal to bipartisanship and looking past division in our current moment.
“To my friends in the General Assembly — on both sides of the aisle — I look forward to working with you,” said Spanberger. “I know what it means to represent your constituents, to work hard for your district, and to pursue policies you believe in. We will not agree on everything, but I speak from personal experience when I say that we do not have to see eye-to-eye on every issue in order to stand shoulder-to-shoulder on others.”
Spanberger acknowledged Virginians’ frustrations with federal layoffs and governmental policy.
“I know many of you are worried about the recklessness coming out of Washington. You are worried about policies that are hurting our communities — cutting healthcare access, imperiling rural hospitals, and driving up costs,” said Spanberger. “You are worried about Washington policies that are closing off markets, hurting innovation and private industry, and attacking those who have devoted their lives to public service.”
Spanberger alluded to the Trump-Vance administration, though never mentioned President Donald Trump’s name in her remarks.
Spanberger said, “you are worried about an administration that is gilding buildings while schools crumble, breaking the social safety net, and sowing fear across our communities, betraying the values of who we are as Americans, the very values we celebrate here on these steps.”
The new governor then spoke of her priorities in office, pledging to tackle housing affordability by working to “cut red tape” and increase housing supply. Spanberger also spoke of forestalling an impending healthcare crisis by protecting access and cracking down on “middlemen who are driving up drug prices.”
Spanberger spoke of investments in education at every level, standing up for workers (including the large number of federal workers in Virginia), and taking action on gun violence.
Virginia married couple Mary Townley and Carol Schall witnessed the inauguration ceremony from the stands set up on the grounds of the Capitol. Schall and Townley are one of the plaintiff couples in the case that challenged the Virginia constitutional ban on same-sex marriage.
Same-sex marriage became legal in Virginia in 2014.
“We are delighted with the inauguration of Abigail Spanberger as governor of Virginia,” Schall told the Washington Blade. “The celebration of her inauguration was full of the beautiful diversity that is Virginia. The Virginia Pride contingent was included as a part of what makes Virginia a great place to live.”
“Such an honor to attend such a wonderful event in Virginia history,” Townley told the Blade. “The weather before the Inauguration was cold and rainy, but I believe it represented the end of a dreary time and it ushered in the dry and sunny weather by the end of the inaugural parade. Madam Governor brought us to the light!”
The inaugural parade following the governor’s remarks included a contingent from Diversity Richmond and Virginia Pride. Marchers in the LGBTQ contingent carried a giant Progress Pride flag and were met with loud cheers from the gathered spectators.
Spanberger after her inauguration signed 10 executive orders. One of them bans discrimination against state employees based on sexual orientation, gender identity, and other factors.
“By virtue of the authority vested in me as Governor under Article V of the Constitution of
Virginia, I hereby declare that it is the firm and unwavering policy of the Commonwealth of Virginia to ensure equal opportunity in all facets of state government,” reads the executive order. “The foundational tenet of this executive order is premised upon a steadfast commitment to foster a culture of inclusion, diversity, and mutual respect for all Virginians.”
Virginia
VIDEO: LGBTQ groups march in Va. inaugural parade
Abigail Spanberger took office on Saturday
The inaugural ceremonies for Virginia Gov. Abigail Spanberger were held in Richmond, Va. on Saturday. Among the groups marching in the parade were Diversity Richmond and the Virginia Pride project of Diversity Richmond.
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Virginia
Va. Senate approves referendum to repeal marriage amendment
Outgoing state Sen. Adam Ebbin introduced SJ3
The Virginia Senate on Friday by a 26-13 vote margin approved a resolution that seeks to repeal a state constitutional amendment that defines marriage as between a man and a woman.
Outgoing state Sen. Adam Ebbin (D-Alexandria) introduced SJ3. The Senate Privileges and Elections Committee on Wednesday approved it by a 10-4 vote margin.
Same-sex couples have been able to legally marry in Virginia since 2014. Outgoing Republican Gov. Glenn Youngkin in 2024 signed a bill that codified marriage equality in state law.
A resolution that seeks to repeal the Marshall-Newman Amendment passed in the General Assembly in 2021. The resolution passed again in 2025.
Two successive legislatures must approve the resolution before it can go to the ballot. Democrats in the Virginia House of Delegates have said the resolution’s passage is among their 2026 legislative priorities.
“It’s time for Virginia’s Constitution to reflect the law of the land and the values of today,” said Ebbin after Friday’s vote. “This amendment, if approved by voters, would affirm the dignity of all committed couples and protects marriage equality for future generations.”
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