Equality On Trial

Plaintiffs in Tennessee marriage equality case ask for status update

March 13, 2014

By Scottie Thomaston

LGBT Legal Cases Marriage equality Marriage Equality Trials

Back in November 2013, the plaintiffs in Tanco v. Haslam, the challenge to Tennessee’s refusal to recognize same-sex marriages performed outside of the state, filed a motion for a preliminary injunction so that their marriages would be recognized pending the outcome of the case. One couple is expecting a child, and recognition of their marriage would ensure that both parents can make health-related and other choices concerning the child.

Since then, the court hasn’t acted on the request, so on March 11, the plaintiffs filed a motion asking the court about the status of the case. The plaintiffs reiterated their concerns:

Drs. Tanco and Jesty are expecting their first child on or about March 21, 2014 and need the protections offered by the marital presumption of parentage to ensure that Dr. Jesty, the non-biological mother, will be permitted to make decisions regarding the medical care provided to their baby in the event that Dr. Tanco is unable to make those decisions. The pregnancy is now full-term, and Dr. Tanco’s due date is only ten days away.
[…]
Continued non-recognition of each of Plaintiffs’ marriages deprives them of the most fundamental of constitutional rights and imposes irreparable harms outlined in the motion. Plaintiffs sought preliminary relief to abate ongoing practical and dignitary injuries and to prevent further injury during the course of this litigation. Denying Plaintiffs the status of being married treats Plaintiffs and their families as if their families are of lesser value and undeserving of legal recognition and support. Defendants’ conduct encourages public and private discrimination against Plaintiffs and harms Plaintiffs and their children by conveying that their families are unworthy of respect, which humiliates and demeans Plaintiffs and their children.

Yesterday, the court filed an order granting their request, and noting that “[t]he parties are informed that the court is working on the decision in this case.”

Tanco v. Haslam was filed by the National Center for Lesbian Rights (NCLR).

Thanks to Kathleen Perrin for these filings

For more information on Tanco v. Haslam from The Civil Rights Litigation Clearinghouse, click here.

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