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Second anti-marriage equality suit filed in Tennessee

Second anti-marriage equality suit filed in Tennessee

The former Tennessee lawmaker wants the courts to overturn Obergefell v Hodges

A former Tennessee state senator brought his second suit against the marriage rights of LGBTI families.

Last week, David Fowler brought a case against the Supreme Court’s Obergefell v. Hodges decision. That ruling found same-sex marriage bans unconstitutional, making it possible for LGBTI couples to wed.

According to The Tennessean Fowler’s papers, filed in Bradley County, contend the high court cannot overturn a state law and replace it with another. That can only be done by state legislature.

‘These lawsuits have had the additional positive effect of helping an increasing number of Tennesseans begin to appreciate the important constitutional boundaries that the United States
Supreme Court crossed in its Obergefell decision, Fowler said in a release, according to The Tennessean.

‘They are increasingly beginning to see that, while the Court may rule a state law invalid, it cannot judicially impose a new marriage law on a state,’ the release continued. ‘When they see that this is what happened, they see the problem because they remember what they were taught in high school, that only legislative bodies can enact new laws or amend existing ones.’

This is Fowler’s second attempt to bring down Obergefell. Last month, he filed similar papers in Williamson County.

Fowler is the president of the Family Action Council of Tennessee. According to its website, the organization wants a state ‘in which marriage is honored, families thrive, life is cherished, and religious liberty is protected.’

In mid-January the state house’s civil justice subcommittee voted 4-1 against the Tennessee Natural Marriage Defense Act, sponsored by Republican Rep Mark Pody.

He said God told him to file the bill because gay marriage was ‘wicked.’