Why the Fight and Challenge to Obergefell Continues

Three years ago, the U.S. Supreme Court said that the United States Constitution requires a state to issue a license for a new kind of marital relationship, one defined without regard to the sex of the parties.

Neither Tennessee nor the nation came to an end when the two women down your street got married or the man at work married another man under this new definition, did it?

You might ask yourself then; why should we be concerned?

Why are our friends at The Family Action Council of Tennessee (FACT) still doing all it can to challenge the decision of the United States Supreme Court, Obergefell v. Hodges, that said states must license a relationship between any two people, regardless of their sex, as a marital relationship?

There are many good answers to that question, but you don’t have to be against “same-sex marriage” to see the great importance of challenging Obergefell.

A month ago, the eyes of a lawyer I knew widened when I told him about our lawsuits challenging Obergefell. He suddenly got it: “This is about the Supreme Court commandeering a state government into doing something it’s never approved, and not even Congress can do that!”

Bingo! I thought. You get it now.

Here’s what Obergefell means constitutionally. It means the judicial power of a federal court can now be used to order a state official to issue a license for something that state law does not authorize that official to do, and moreover, something the official’s state constitution prohibits him or her from doing!

This is judicial tyranny on steroids and beyond anything the U.S. Supreme Court has ever tried to do.

What is the point of our state’s constitutional provision stating that only the members of the General Assembly we elect can prescribe duties to our county clerks (Article VII, Section 1) if the U.S. Supreme Court had by its decision prescribed them the duty of issuing a license not described or provided for in any state statute?

Obergefell means your vote for your legislators is meaningless if the U.S. Supreme Court can directly order a state official whose duties are under our Legislature’s authority to do something!

If constitutional integrity, directly confronting judicial tyranny, and challenging the abdication of our state’s constitutional rights by our state officials means something to you, I hope you will choose to invest in those efforts.

As one of our faithful donors, you probably know that no national organization contributes to our budget and no large foundation or major donor underwrites our budget. In fact, less than five percent of our total revenue comes from any single donor or organization. So, thank you so much for your faithful giving and for your special gift this year end.


David Fowler,
FACT Staff

Family Action Council of Tennessee
1113 Murfreesboro Rd. Suite 106-167
Franklin, Tennessee 37064

The Family Action Council of Tennessee (FACT) is a 501 (c)(3) educational nonprofit that honors marriage and God’s design for the family, cherishes life, and defends religious liberty. FACT relies on faithful supporters like you to continue to preserve biblical, conservative values in the Volunteer State.


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