TN State Supreme Court hears arguments on gay marriage amendment

State Supreme Court hears arguments on gay marriage amendment

From wsmv channel 4 / AP

NASHVILLE, Tenn. -- The state Supreme Court heard arguments Wednesday on whether to remove a constitutional amendment to ban gay marriage in Tennessee from the November ballot because lawmakers didn't comply with a notification requirement.

The American Civil Liberties Union filed a lawsuit charging that the state failed to meet the requirements outlined in the Tennessee Constitution, which says an amendment must be published six months before the next General Assembly election.

A Davidson County judge earlier ruled that the measure defining marriage as between one man and one woman could stay on the Nov. 7 ballot.

State Attorney General Paul Summers told the five-member court that the state met the six-month requirement because it published the proposed amendment on its legislative Web site the day it was first introduced on March 17, 2004.

Summers also added the public knew about the amendment that day because of news media stories about the proposal.

State lawmakers approved the amendment May 19 that year and on June 20 the state published advertisements about the amendment in at least half a dozen newspapers across the state. But that was less than six months before the Nov. 2, 2004, election for the state Legislature.

Melody Fowler-Green, a lawyer for the ACLU, argued that the state didn't meet the six-month rule because when it posted the amendment on its Web site, it was simply a proposal and not an approved measure.

She also said it was not enough that the proposed amendment was published on the Web site because not everyone has Internet access.

"It's the ACLU's position that in order to be an adequate check on legislative power and to provide meaningful notice to the people of Tennessee that the publication must be an official act of the state with the intent and purpose of notifying them of the specific proposal," Fowler-Green said after the hour-long hearing.

State Supreme Court justices are expected to rule on the case in the next several days.

The arguments over the state's gay marriage amendment come as the U.S. Senate on Wednesday rejected a constitutional amendment to ban gay marriage -- a defeat for President Bush and Republicans who hoped to use the measure to energize conservative voters on Election Day.

The state already has a law banning gay marriage but lawmakers who supported the amendment said they wanted to ensure judges couldn't rule that law unconstitutional.

State legislators approved the gay marriage amendment in 2004 and 2005. The measure had to be adopted by lawmakers in two separate legislative sessions in order to be placed on the Nov. 7 ballot.

Gov. Phil Bredesen said earlier this week the amendment isn't necessary, although he planned to vote for the measure.

There are 18 states with constitutional amendments against gay marriage -- most of which were adopted after Massachusetts' highest court legalized gay marriage in 2003.

Tennessee is one of five states where a proposed ban has passed through the Legislature and is on its way to voters. Alabama voters overwhelmingly approved a ban on Tuesday.