Legislators Fight For Gay Marriage Ban

A Nashville judge ruled that ninety-one state legislators can join the fight to keep an amendment banning gay marriage on the ballot next year.

The General Assembly approved a resolution that allows voters to decide the issue next year. Shortly after the measure passed earlier this year, the ACLU of Tennessee filed suit against the state claiming it didn’t meet the publication requirements.

State legislators who passed the measure today received permission from the court to join the Attorney General’s office in the lawsuit.

Attorneys from the conservative Alliance Defense Fund are representing the lawmakers. Attorney Byron Babione argued that legislators should be able to join to the lawsuit.

“This is important because the legislators of Tennessee are seeking to protect their voting power, their right to propose resolutions and to present them to the voters for adoption as an amendment to the constitution.”

Chancellor Ellen Hobbs-Lyle gave the legislators what’s called permissive intervention.

The ACLU of Tennessee and the State Attorney General’s office argued against adding more parties to the lawsuit.

Melody Fowler Green is the ACLU of Tennessee’s staff attorney. She says the case will proceed on a fast track. She also says she is not disappointed with the judge’s ruling.

“The addition of these parties doesn’t change the nature of the lawsuit in any way. The claims remain the same. The court’s going to address the same legal question, so I understand the judge’s discretionary decision here.”

Attorneys for all three sides will have a status conference at the end of the month to determine the hearing schedule.