First Same Sex Divorce in Tennessee

is same sex marriage legal in tennessee, gay marriage
Photo courtesy of Amy Smotherman Burgess, Knoxville (Tenn.) News Sentinel

It’s None of Your Business!

For reasons only other than self-serving politicians in Tennessee appealing to their base, fifty-two state representatives and nineteen state senators ignoring the fact that in the United States there are three separate but equal branches of government, made an effort to intervene on the first gay  divorce. The Tennessee Court of Appeals put an end to that in a hurry.

The divorce case was between Sabrina Witt and Erica Witt.

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Judge’s Legal Opinion

In Chief Judge D. Michael Swiney’s legal opinion, even the lawmakers had to pay for the legal expenses.

While the (legislators) apparently wish to force the actual parties to the suit, Sabrina and Erica, to continue their dispute in court, those parties have chosen not to do so. Put simply, the divorce case is over, and there is no lawsuit left in which to intervene.

The couple through artificial insemination, shared a daughter, but a conservative group instead of minding their own business and marriages, sought to intervene in the lawsuit and pressured the lawmakers to push bills through the House and Senate. The bills were focused on the meaning of “natural father” and “husband and wife.”

Tennessee did not recognize same-sex marriage at the time, so Erica Witt’s name was not placed on the baby’s birth certificate, however, the Supreme court ruling in 2015 gave same-sex couples the the right to marry and divorce, thus, overruling the Tennessee law.

Alexander Hernandez, Esq.

Alexander is a family law attorney practicing law in Jacksonville and the surrounding areas and Miami, Florida.

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