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Monday 15 July 2013

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The Supreme Court’s decision to nullify the federal Defense of Marriage Act gave same-sex marriage equal stature in the eyes of the federal government, but it will be awhile before anyone knows what it means for gay couples in Tennessee.
The court’s decision rests on the American ideal, embedded in the U.S. Constitution, that one group can’t be favored over another. But as things stand now, same-sex married couples in Tennessee may not be able to file joint federal tax returns, take family medical leave, or get social security spousal benefits because Tennessee’s constitution explicitly bans on same-sex marriage.
Gay rights activists in Tennessee, however, aren’t waiting around to explore the possibilities.
"I already have people lined up," said Abby Rubenfeld, a Nashville attorney and former legal director for gay-rights group Lambda Legal Defense. “The important point is the decision today, the relief it gives people. But I think the reasoning of this decision is really, really clear: Mini-DOMAs in Tennessee and other states are all unconstitutional.”
Others may be ready to debate that, but same-sex Tennessee couples married legally in other states could try to get state marriage licenses here and challenge government offices that don’t grant them, said Chris Sanders, chairman of the Tennessee Equality Project.
He expects legislation next spring to overturn the constitutional amendment — a long, virtually impossible road that would require two-thirds majority in both houses and a statewide vote.
“The bottle has been uncorked,” Sanders said. “People are impatient for their equality now. They don’t get why we can’t move forward, and they’re right.”David Fowler, a former state senator and president of The Family Action Council of Tennessee, was the architect of the state laws that ban gay marriage — a state statute passed in 1996 and a constitutional amendment approved by voters 10 years later. He said that for now, the Supreme Court rulings won’t affect Tennessee.
“This is a victory for marriage in Tennessee,” Fowler said. “In Tennessee, marriage will remain the unique, timeless, and universally defined relationship involving a man and a woman that provides the optimal environment for the well being of children.”
California’s Proposition 8, its statewide ban on gay marriage, and the federal law were both abandoned by elected officials, who declined to defend them in court. Fowler wants to prevent that from occurring in Tennessee.
“The only thing the state legislature should consider at this point is a law ensuring that our constitutional provisions can be defended in court should our un-elected state Attorney General choose not to defend them,” he said in an email.
A March 2013 poll from Middle Tennessee State University found that 62 percent of Tennesseans surveyed opposed allowing gay couples to marry. A national poll in May from the Pew Research Center found that 51 percent of those surveyed support same-sex marriage.
Religious leaders react
Russell Moore, president of the Southern Baptist Convention’s Nashville-based Ethics and Religious Liberty Commission, said the ruling is a sign that traditional Christianity and American culture have parted ways.
This decision demolishes the myth that orthodox Christianity represents some kind of moral majority in this country,” he said.
Moore said churches need to do a better job of explain why marriage matters to them.
“Marriage is a picture, an imbedded icon of Christ and the church.”
But the separation of church and state, when it comes to marriage, may be a good thing, said the Rev. Greg Bullard of Covenant of the Cross in Madison.
Bullard, who married his husband in a same-sex religious ceremony in 2006, was putting his infant son in a car seat when reached about the ruling.
This to me is the government saying that we are not going to take part of in your religious wars anymore,” he said.
Meagan and Rachael Stroop, legally married in New York City in 2011, have purchased a home in East Nashville together. Meagan Stroop changed her name. Every piece of legal paperwork they can complete that connects them, they’ve done.
But each year at tax time, they’re reminded how little their marriage means in a practical sense. It’s an annual slap in the face, said Meagan Stroop.
“Having that piece of paper did mean everything to me,” she said. “But we are in the South, and I feel like we’re 10-15 years behind the rest of the world. Tennessee is going to take a little while. It makes me sad because I’m from here, born and raised in Nashville.”
The federal ban on gay marriage cost Bullard more than $10,000 in extra taxes last year, he said, as the pastor and his husband could not file joint tax returns. It’s not clear whether or not that will change by the time tax day rolls around in 2014.
It’s one of many aspects of life in Tennessee that could be affected but about which the court raised more questions than it answered.
“The IRS has not issued any guidelines on this,” said Brian Haile, senior vice president for health policy at Jackson Hewitt Tax Service Inc. “We hope they will.”
For Emilie Townes, the new dean of the Vanderbilt Divinity School, getting the federal government to confirm that her marriage is real is enough for now. Townes recently moved to Tennessee from Massachusetts, where it was legal for her and her wife to marry. She isn’t worried about taxes or other federal benefits. When she decided to move to Nashville, she set up legal agreements to cover things like access to hospitals if one of them should become ill.
For Townes, marriage was less about legal protections than making a public commitment to one another.
“That’s why we got married and spent all that money,” she said. “It was more for us the sense to make a commitment and having friends and family with us.”
Daniel has handled numerous high-profile cases that have received local and national media attention including the death in an automobile wreck of the world's most decorated aerobatic pilot (whose planes are on exhibit at the Smithsonian Institute in Washington, D.C.); the wrongful death of a woman after the car she was driving was hit in the rear-end by a tractor-trailer, causing the car to burst into flames; the permanently disabling injuries a man received when a deck collapsed because of improper construction; the death of a well-known Nashville pharmacist after his CT scans were misread, and severe injuries a lady received after pure 99.9% acetic acid, instead of a 4% solution, was used on her during a gynecologic procedure. In March 2010, Randall L. Kinnard and Daniel Clayton obtained one of the largest jury verdicts in a medical malpractice case in Tennessee history - a $22.4 million dollar verdict (Federal Court, Chattanooga) in a case where a woman went to the hospital with a broken leg, and ended up paralzyed fromt he waist down. He has successfully handled multiple brain injury cases including birth trauma injuries. Daniel was named Best Lawyers - 2012 Lawyer of the Year - Medical Malpractice Nashville.
(615) 425-3476 | mmccune@mzhlawfirm.com
Principle Founding Partner Malcolm McCune focuses his practice in the areas of Products Liability, Environmental Litigation, Medical Malpractice, Consumer Protection, Personal Injury, and Commercial Litigation. Mr. McCune is a graduate of Vanderbilt University College of Law (1973) and Belmont University's Master of Business Administration Program (1998). Admitted to the bar in 1973, Mr. McCune is admitted to practice law in all courts in the State of Tennessee as well as the U.S. District Courts for the Eastern, Middle, and Western Districts; the U.S. Courts of Appeals for the Sixth and Eighth Circuit; and the U.S. Supreme Court. Throughout his practice, Mr. McCune has accrued honors including being named to The Best Lawyers in America; Mid-South Super Lawyers; and Top 100 Lawyers of the American Trial Lawyers Association. Mr. McCune's civic activities include his position on the Board of Directors at the Nashville Downtown YMCA and the Green Hills Retired Teachers.
Matthew R. Zenner
MATHEW R. ZENNER
(615) 425-3476 | mzenner@mzhlawfirm.com
Founding Partner Matthew Zenner concentrates on the areas of Personal Injury, Products Liability, Employment Discrimination, and Medical Malpractice. He is admitted to the bar in Tennessee and Minnesota. During his education at the University of Minnesota College of Law, he served as Student Director of the Civil Practice Clinic and received the BNA Award of Excellence in Employment Law. Additionally, during his undergraduate education at the University of St. Thomas (St. Paul, Minnesota), he was an All Conference baseball player. Mr. Zenner is admitted to practice in All Tennessee Trial Courts, the Tennessee Court of Appeals and Supreme Court, the U.S. District Court (Middle, Western, and Eastern Section of Tennessee), and the U.S. Court of Appeals (Sixth Circuit). In addition to practicing law, he enjoys participating in triathlons, having completed more than 40, and spending time with his wife and two children.
Founding Partner Perry Happell concentrates his practice in the areas of bankruptcy and social security disability. Perry earned his Doctor of Jurisprudence from the University of Tennessee College of Law. He completed his undergraduate work at Middle Tennessee State University where he earned a Bachelor of Science and studied Political Science and History. Perry is admitted to practice in the US District Court-Middle District of Tennessee, the US Sixth Circuit Court of Appeals and the United States Bankruptcy Court. Perry is a member of the Tennessee Bar Association; Nashville Bar Association; American Bankruptcy Institute; Middle Tennessee Consumer Bankruptcy Attorneys; National Organization of Social Security Claimants Representatives; and a Former Member of Tennessee State Board of Accountancy. He was named a Mid-South Super Lawyer in 2006, 2011 and 2012. In 2012 he was the recipient of the Nashville Bar Association's Pro Bono Volunteer of the Year Award. He is Board Certified in Consumer Bankruptcy Law by the American Board of Certification and the Tennessee Commission on Continuing Legal Education and Specialization. Perry is former Board Chairman of the Consumer Credit Counseling Service of Middle Tennessee and an Alumni Board member and Annual Fund Co-Chairman for the University School of Nashville. He is a member of Good Shepherd Episcopal Church, Brentwood, Tennessee.
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Attorney in nashville Wallpaper Photos Pictures Pics Images 2013