Tanco v. Haslam

Tanco v. Haslam is a landmark United States Court of Appeals for the Sixth Circuit case that challenged the Tennessee law banning same-sex marriage. The case was filed by Valeria Tanco, a Vanderbilt University professor, and her wife, Sophie Jesty, along with three other same-sex couples, including Ijpe DeKoe and Thomas Kostura, who were all seeking to have their marriages recognized in Tennessee. The case was heard by Judge Aleta Trauger of the United States District Court for the Middle District of Tennessee, who ruled in favor of the plaintiffs, citing the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. The case was later appealed to the United States Court of Appeals for the Sixth Circuit, where it was heard by Judge Jeffrey Sutton, Judge Deborah Cook, and Judge Martha Craig Daughtrey.

Background

The case of Tanco v. Haslam was filed in Nashville, Tennessee, and was one of several same-sex marriage cases that were making their way through the United States court system at the time, including DeBoer v. Snyder and Bourke v. Beshear. The plaintiffs in the case were represented by National Center for Lesbian Rights attorney Shannon Minter, as well as American Civil Liberties Union attorneys Steven Shapiro and Amanda Goad. The defendants, including Tennessee Governor Bill Haslam and Tennessee Attorney General Herbert Slatery, were represented by Tennessee Attorney General's Office attorneys, including Joseph Whalen. The case was closely watched by Lambda Legal, the Human Rights Campaign, and other LGBT rights organizations, including the National Gay and Lesbian Task Force and the Gay & Lesbian Alliance Against Defamation.

Procedural History

The case was initially filed in the United States District Court for the Middle District of Tennessee on October 21, 2013, and was assigned to Judge Aleta Trauger. The plaintiffs filed a motion for preliminary injunction, which was granted by Judge Trauger on March 14, 2014, allowing the plaintiffs to have their marriages recognized in Tennessee. The defendants appealed the decision to the United States Court of Appeals for the Sixth Circuit, where it was consolidated with several other same-sex marriage cases, including DeBoer v. Snyder and Bourke v. Beshear. The case was heard by a three-judge panel, consisting of Judge Jeffrey Sutton, Judge Deborah Cook, and Judge Martha Craig Daughtrey, on August 6, 2014. The panel issued a split decision on November 6, 2014, upholding the same-sex marriage bans in Tennessee, Michigan, Ohio, and Kentucky, in a decision that was later reversed by the Supreme Court of the United States.

Opinion of the Court

The opinion of the court was written by Judge Jeffrey Sutton, who was joined by Judge Deborah Cook. The opinion held that the same-sex marriage bans in Tennessee, Michigan, Ohio, and Kentucky did not violate the Due Process Clause or the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. The opinion was met with criticism from LGBT rights organizations, including the Human Rights Campaign and the National Center for Lesbian Rights, who argued that the decision was inconsistent with the Supreme Court of the United States' decision in United States v. Windsor. The plaintiffs, including Valeria Tanco and Sophie Jesty, as well as Ijpe DeKoe and Thomas Kostura, appealed the decision to the Supreme Court of the United States, where it was consolidated with several other same-sex marriage cases, including DeBoer v. Snyder and Bourke v. Beshear.

Impact and Aftermath

The decision in Tanco v. Haslam was later reversed by the Supreme Court of the United States in the landmark case of Obergefell v. Hodges, which held that same-sex marriage is a fundamental right protected by the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. The decision in Obergefell v. Hodges was written by Justice Anthony Kennedy, who was joined by Justice Ruth Bader Ginsburg, Justice Stephen Breyer, Justice Sonia Sotomayor, and Justice Elena Kagan. The decision was met with widespread celebration from LGBT rights organizations, including the Human Rights Campaign and the National Center for Lesbian Rights, who hailed the decision as a major victory for LGBT rights. The decision also had significant implications for same-sex couples in Tennessee and other states, including Michigan, Ohio, and Kentucky, who were finally able to have their marriages recognized.

Legal Significance

The case of Tanco v. Haslam has significant legal implications for the LGBT rights movement, as it highlights the ongoing struggle for same-sex couples to have their marriages recognized and protected under the law. The case also underscores the importance of the Supreme Court of the United States in shaping the LGBT rights landscape, as seen in landmark cases such as Lawrence v. Texas, United States v. Windsor, and Obergefell v. Hodges. The case has been cited by scholars and advocates, including Professor Laurence Tribe of Harvard Law School and Professor Erwin Chemerinsky of University of California, Berkeley School of Law, as an example of the ongoing struggle for LGBT rights and the importance of judicial activism in advancing social justice causes. The case has also been recognized by organizations such as the American Bar Association and the National Association of Social Workers, who have hailed the decision in Obergefell v. Hodges as a major victory for LGBT rights and social justice.