States cannot ban same-sex marriage, according to a landmark opinion by the Supreme Court on Friday. The decision means gay marriage is coming to Warren County and the rest of the nation.
Warren County Clerk Lesa Scott, whose office is in charge of issuing marriage licenses locally, says she is waiting on confirmation from Tennessee Attorney General Herbert Slattery before issuing marriage licenses to same-sex couples.
“I haven’t gotten anything from the state saying we can issue licenses to same-sex couples,” said Scott on Friday afternoon. “They said the attorney general is working on it but I haven’t gotten anything. I would say we will get that any time. I don’t know if it will come today or Monday.”
Scott says her office has already received calls from people interested in getting a same-sex marriage license.
“When we can issue them, the couple has to come in together and bring their driver licenses,” said Scott. “They have to fill out an application which asks for names, parents’ names, if you’ve ever been married before, Social Security number, and stuff like that. The license costs $97.50. We have received 10 or more calls asking about getting one.”
Supreme Court justices voted 5-4 Friday to allow gay marriages nationwide. The ruling only impacts 14 states because gay couples already could marry in 36 states and the District of Columbia.
Tennessee was one of the 14 states which continued to ban gay marriage.
Some Tennessee counties, including Davidson, Shelby, Williamson, Wilson, Murray, and Marshall began issuing marriage licenses Friday.
Warren County resident Kristopher Robinson says the Supreme Court ruling is a victory for him and his partner.
“I’m elated,” said Robinson. “A loss on this decision would have locked Southern gays into second-class citizenry. Our victory reaffirmed what we already knew. Our love is genuine and it is worthy of acknowledgement by our respective governments.”
Robinson, who got engaged last weekend, said he is not going to rush into marriage and estimates he will probably wait a year or so.
“I’m originally from DeKalb County, and my family was one of the first 14 to settle the area,” said Robinson. “I have waited patiently for the ability to marry where my roots run the deepest and I’m excited for the opportunity this ruling has afforded my partner and me.”
America is now the 21st country to legalize same-sex marriage nationwide, including territories. Married same-sex couples will now enjoy the same legal rights and benefits as married heterosexual couples and will be recognized on official documents such as birth and death certificates.
Supreme Court Justice Anthony Kennedy wrote the opinion for the majority.
“No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice and family. In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect is so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right,” said Kennedy.
Kennedy says banning same-sex marriage humiliates their children.
“Excluding same-sex couples from marriage thus conflicts with a central premise of the right to marry. Without the recognition, stability and predictability marriage offers, their children suffer the stigma of knowing their families are somehow lesser. They also suffer the significant material costs of being raised by unmarried parents, relegated through no fault of their own to a more difficult and uncertain family life. The marriage laws at issue here thus harm and humiliate the children of same-sex couples.”
In the minority and writing their own viewpoints were Chief Justice John Roberts and Justices Anthonin Scalia, Clarence Thomas and Samuel Alito.
Roberts says this issue has nothing to do with the Constitution.
“If you are among the many Americans – of whatever sexual orientation – who favor expanding same-sex marriage, by all means celebrate today’s decision. Celebrate the achievement of a desired goal. Celebrate the opportunity for a new expression of commitment to a partner. Celebrate the availability of new benefits. But do not celebrate the Constitution. It has nothing to do with it,” said Roberts.
Roberts calls the decision “disheartening.”
“Many people will rejoice at this decision, and I begrudge none their celebration. But for those who believe in a government of laws, not of men, the majority’s approach is deeply disheartening. Supporters of same-sex marriage have achieved considerable success persuading their fellow citizens – through the democratic process – to adopt their view. That ends today. Five lawyers have closed the debate and enacted their own vision of marriage as a matter of constitutional law. Stealing this issue from the people will for many cast a cloud over same-sex marriage, making a dramatic social change that much more difficult to accept,” said Roberts.
Tennessee lawmakers are already reacting to the ruling by drafting a Pastor Protection Act. State Rep. Bryan Terry, R-Murfreesboro, and Rep. Andy Holt, R-Dresden, say the intent of the act would be to “protect all religious clergy from performing same sex marriages as well as providing legal protection from being forced to perform same sex marriages on church property.”
Tennessee Gov. Bill Haslam says the state will comply with the Supreme Court’s ruling.
“The people of Tennessee have recently voted clearly on this issue. The Supreme Court has overturned that vote. We will comply with the decision and will ensure that our departments are able to do so as quickly as possible,” said Haslam.