FACT Report: January 25, 2016

Lawsuit to Challenge Obergefell Filed (January 27, 2016)

Last week a very important lawsuit was filed in a Williamson County, Tennessee, court to challenge the U.S. Supreme Court’s decision last June that states had to issue same-sex “marriage” licenses.

The lawsuit, filed on behalf of a group of ministers and concerned citizens, asks a simple question: If the Supreme Court said, which it did, that a marriage law was invalid if it excluded same-sex couples from marrying, which Tennessee’s law does, then how has anyone gotten a valid marriage license since last June if the law was invalid?

The lawsuit raises the point that if a law is invalid, then a court has no constitutional power to enact a new law to replace it, only a legislative body can do that.

Watch this case, because it could just throw the issue back in the Supreme Court’s lap.

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