Equality On Trial

Plaintiffs in Tennessee marriage equality challenge seek immediate legal relief

November 20, 2013

By Jacob Combs

LGBT Legal Cases Marriage equality Marriage Equality Trials

Another day, another lawsuit: yesterday, the National Center for Lesbian Rights announced that it would ask for immediate relief for four married same-sex couples in Tennessee seeking to have their marriages recognized by the state.  From the press release:

Today, four legally married same-sex couples who recently filed a federal lawsuit challenging Tennessee’srefusal to respect their marriages asked the court for immediate protection of their families while the lawsuit proceeds.

The relief requested by the couples would take effect immediately and remain in effect as the case proceeds toward a final resolution. The couples are Dr. Valeria Tanco and Dr. Sophy Jesty; Army Reserve Sergeant First Class Ijpe DeKoe and Thom Kostura of Memphis; Kellie and Vanessa Miller-DeVillez of Greenbrier; and Matthew Mansell and Johno Espejo of Franklin.

The couples argue that such an order is necessary because Tennessee’s refusal to respect their marriages is putting their families at risk of serious harms. For example, Dr. Tanco and Dr. Jesty are expecting a child in the spring and want to ensure that both parents will be respected and can make decisions and protect and care for their child.

NCLR and the couples filed their lawsuit on October 21, arguing that Tennessee’s laws violate both the equal protection and due process rights in the U.S. Constitution as well as the constitutionally-protected right to travel between states.  The four couples hail from all corners of Tennessee:  Knoxville, Memphis, Greenbrier and Franklin.  Three of them wed in New York, while one wed in California.

“We filed today’s motion because we want to protect our family,” Dr. Sophy Jesty, an assistant professor of veterinary medicine at the University of Tennessee and one of the plaintiffs, said in NCLR’s press release. “We are expecting a child in a few months, and it is extremely distressing that the law makes it impossible for us both to be recognized as legal parents. We urgently need the same protections as other married couples so that we can give our child the stability and protection she deserves.”

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