Tennessee marriage equality

The 2013 Davidson County marriage-licence actions

A local administrative encounter that preceded Tanco v. Haslam and the national marriage-equality ruling.

Two rings on a stone desk beside blank government papers

What happened in August 2013

Same-sex couples went to the Davidson County Clerk’s office in August 2013 and sought civil marriage licences. Tennessee law did not permit the clerk to issue those licences. The actions made the exclusion visible in the ordinary setting where government turned marriage law into an administrative decision.

This account concerns that public event and the litigation that followed. It does not identify the private individuals involved or retell their personal histories. The documented civic question is sufficient: Tennessee recognised marriage only for different-sex couples, and residents challenged the consequences of that rule.

The state constitutional barrier

In 2006, Tennessee voters had approved a constitutional amendment defining marriage as the union of one man and one woman. The amendment also barred the state from recognising another relationship as substantially equivalent to marriage. By 2013, federal courts around the country were reviewing similar restrictions, and the Supreme Court had recently issued major decisions concerning federal recognition and standing.

A licence request in Davidson County therefore sat at the meeting point of state constitutional text and changing federal doctrine. The clerk’s office applied the rule then in force. The applicants’ inability to receive licences demonstrated the amendment’s immediate effect without requiring a theoretical debate.

Tanco v. Haslam begins

On October 21, 2013, the National Center for Lesbian Rights filed Tanco v. Haslam in federal court on behalf of legally married same-sex couples. The central issue was Tennessee’s refusal to recognise marriages lawfully performed elsewhere. The challenge focused on concrete legal treatment rather than a general statement of approval or disapproval.

In March 2014, the federal district court granted a preliminary injunction for the plaintiffs. The ruling concluded that the challenge was likely to succeed and temporarily required recognition in their circumstances. Tennessee appealed.

From the Sixth Circuit to the Supreme Court

On November 6, 2014, the United States Court of Appeals for the Sixth Circuit upheld marriage restrictions in Tennessee, Kentucky, Michigan and Ohio. That decision conflicted with rulings from other federal appeals courts and created a clear reason for Supreme Court review.

The Supreme Court agreed on January 16, 2015, to hear the cases together. During arguments on April 28, the justices considered whether the Fourteenth Amendment required states to license marriages between two people of the same sex and whether states had to recognise such marriages performed elsewhere.

The ruling

On June 26, 2015, Obergefell v. Hodges answered both questions yes. The Court held that the Fourteenth Amendment protected same-sex couples’ right to civil marriage and required interstate recognition. Tanco was the Tennessee case within the consolidated decision.

The ruling changed what could happen at the same kind of county counter where the 2013 actions had occurred. A state restriction that once compelled refusal could no longer bar equal access to civil marriage.

A local event in a national sequence

The Davidson County actions did not alone create marriage equality, and they should not be inflated into a claim that exceeds the record. Their historical significance lies in sequence. They occurred after Tennessee had constitutionalised exclusion, shortly before a federal challenge was filed, and less than two years before the Supreme Court established a national rule.

That sequence makes the event suitable for a reference page at its longstanding web address. The page preserves the public legal history without inventing an article, adopting the former publication’s voice or exposing the private lives of the people who participated.

Sources and further reading