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Likewise, the date of marriage determines whether property is “marital” or “separate” property.
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The Supreme Court’s recent landmark ruling on same-sex marriage changed a foundational component of Tennessee law. The court’s ruling granted same-sex couples the Constitutional right to marry — along with the benefits of marriage.
But same-sex couples will not necessarily receive all of the benefits because Tennessee’s laws assume that marriage is between a man and a woman.
On March 17, the House approved it by a vote of 88-7.
On March 25, 2013, the Tennessee Senate voted 32-0 in favor of a non-binding resolution making August 31 Traditional Marriage Day in Tennessee.
The collision between this assumption and the fundamental right of marriage will inevitably create significant legal questions. Same-sex couples have the constitutional right to marry in any Tennessee county, but they don’t have a legal leg to stand on if a business owner refuses to serve their honeymoon meal or if they’re fired when they return to work.
Under the Tennessee Human Rights Act, sexual orientation is not a protected class, like race, gender, ethnicity or disability.
Being gay — or straight for that matter — does not afford any inherent rights under the law, just as having blond hair, brown eyes or a college degree does not. But for sexual orientation to become a protected class, it will take legislative action either at the state or the federal level.
Could we soon see lawsuits filed asserting a fundamental right to be free of discrimination based upon sexual orientation in the wake of newfound marriage equality? Under current Tennessee law, the Equal Access to Intrastate Commerce Act, local governments are prohibited from imposing LGBT anti-discrimination policies.
According to legislative analysts, the bill would cost the state over 9 million US dollars, if approved.Tags: Adult Dating, affair dating, sex dating