The largest pro-family group in the state, Family Action Council of Tennessee (FACT), put all their time, energy, and money into defeating the bill of interposition introduced by Representative Mark Pody – a bill that would have interposed against the lawless Obergefell opinion by SCOTUS, Tennessee Watchman reports.
The bill had 22 co-sponsors. FACT stated they planned to bring a lawsuit in court to oppose the Obergefell decision. They stated that if this bill of interposition passed it would ruin what they were planning to accomplish through the lawsuit. The Republican legislators, or more properly stated, the GOP leadership loved what FACT was saying in opposition to the bill and had the bill killed on Wednesday, January 20th, in the Republican-controlled committee before it could ever come before the full legislature.
The lawsuit is actually a bad idea as it has virtually no chance of success in the courts – as the courts have been the agents to promote the homosexual agenda nationwide. But more importantly, the lawsuit allows the evil of homosexual marriage to seep down into every fabric of Tennessee society, culture, law, and policy during the time it is being adjudicated.
Tennessee Watchman has taken one side on this issue. Other conservatives support FACT’s actions, believing the group has a better plan to challenge the Supreme Court ruling. According to FACT:
Pastors and other concerned citizens are fighting the issue of the legitimacy and effect of Obergefell in state court, not federal court, through a lawsuit filed by them over the continuing validity of the marriage license laws after Obergefell.
The point of the lawsuit is this: If Obergefell was a constitutional exercise of the judicial powers under the U.S. Constitution, then our marriage license laws are invalid, because the Court ruled they were invalid and the only branch of government constitutionally authorized to replace or amend a statute is the Tennessee General Assembly, which has not enacted any new marriage license law to replace the one the Court said was invalid. The only judicially honest alternative for the court would be to hold that the legislature would have enacted the marriage license law even if it allowed same-sex “marriage.” However, our argument is that such could never have been the intention of the legislature since sodomy was, at the time, a crime.
This lawsuit will raise the same legal issue currently pending before the Alabama Supreme Court. There will now be two states, by legal and constitutional methods, questioning the ruling in Obergefell.
Hopefully the legislature, by resolution, will officially support the lawsuit, sending a signal to the courts that the constitutional issues raised by the lawsuit should be taken seriously. Remember, by a two-thirds vote of each house, the legislature could remove a judge that violates the separation of powers by telling the legislature what laws it must pass.