The American Civil Liberties Union and Tennessee’s attorney general made their arguments before the state supreme court today/yesterday, in the case to stop the gay marriage amendment from reaching voters this fall.
The ACLU’s suit doesn’t question the merits of the proposed amendment to define marriage as between one man and one woman. Constitutional amendments have to pass two consecutive general assemblies before the question is put to voters and the legislature has to provide 6-months public notice between the two assemblies.
The state attorney general Paul Summers, along with lawyers from the Alliance Defense Fund, a conservative religious organization, argued that news articles relating to the amendment constituted proper public notice.
But the ACLU attorney Melody Fowler-Green says constitutional amendments should be given official notice, not just newspaper articles. And besides, says Fowler-Green, the legislature knew it had to meet the 6-month requirement because it budgeted several thousand dollars to pay for newspaper ads.
“It’s our contention that any other argument stating it was published by any other method, it sort of, Monday morning quarter-backing. It’s an ad-hoc, after that fact justification for failing to follow the clear, 6-month rule.”
At a press conference before the hearing, a group called Real Marriage-dot-org along with several republican legislators criticized the lawsuit. Republican gubernatorial candidate Jim Bryson says the case has become more than one based on procedure.
“The ACLU is trying to hijack this amendment and get it off the ballot based on a technicality. If the Supreme Court is going to hear it and is going to make a decision, I think it should be on the merits of the case, but that’s not what the ACLU is trying to do.”
The court didn’t indicate when it will issue an opinion on the case, but Bryson says he hopes it’s before the judges are up for retention in August.
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