Paris Post-Intelligencer: State lawsuit isn’t nearly enough
From the Paris Post-Intelligencer, Paris, TN:
State lawsuit over allowing same-sex marriage licenses isn’t nearly enough
In response to the U.S. Supreme Court’s Obergefell opinion last June that states cannot deny marriage licenses to same-sex couples, a lawsuit has been filed by David Fowler, founder of the Family Action Council of Tennessee and a lawyer for the Constitutional Government Defense Fund.
David has filed for a declaratory judgment in the Chancery Court of Williamson County and Circuit Court of Bradley County on behalf of ministers and citizens.
He is working to have others from the 95 counties across the state join in the lawsuit, and ultimately hopes to have the issue heard before the state Supreme Court.
For the record, I have known David for several years and consider him a friend. However, I believe his lawsuit to be the wrong avenue in this situation.
If the 10th Amendment is ever to mean anything, and if our state legislature is ever going to stand for a sacred institution, the time is now.
According to Fowler’s website (www.factn.org), his legal challenge to the Obergefell ruling will protect local officials from litigation and arrest; move the fight to the state courts; permit selection of attorneys; and bypass the refusal of the state attorney general and governor to defend traditional marriage.
Fowler’s suit requests that the courts declare, among other things, that “our current license law and the requirement for male and female on the license to be declared as invalid and unenforceable.”
Fowler’s suit also requests that ministers not be subject to criminal sanctions or monetary penalties if they decline to endorse marriage licenses or officiate ceremonies according to their religious doctrines and that such marriages should constitute common law.
As for the county clerks, Fowler asks that they be enjoined from issuing marriage licenses altogether.
Remember, only the clerk in the county for each suit filed will be enjoined from issuing licenses until the case makes it to the state Supreme Court.
Note, too, that the first thing David asks the Court to do is declare our current license law invalid and unenforceable, including the male female portion on the license.
He is asking the state Supreme Court to further undercut state law!
Read the rest of this article here.