Joel Ebert

USA TODAY NETWORK - Tennessee

A group of Williamson County residents, including three ministers, is asking Williamson County Clerk Elaine Anderson to stop issuing all marriage licenses until a lawsuit filed on Thursday is settled.

The lawsuit, filed in chancery court by former lawmaker David Fowler on behalf of the Constitutional Government Defense Fund, is attempting to challenge how Tennessee is affected by the U.S. Supreme Court's decision in Obergefell vs. Hodges, which legalized same-sex marriage.

The legal action comes one day after a House subcommittee voted to reject the Tennessee Natural Marriage Defense Act, a bill sponsored by state Rep. Mark Pody, R-Lebanon, which would have required state officials to disobey the U.S. Supreme Court ruling legalizing same-sex marriage.

During a morning press conference at the Capitol, Fowler said the heart of the lawsuit is based upon determining who rules the citizens of Tennessee and ultimately the people of the United States.

After pointing out the lawsuit is not an attempt to deny the power of a federal court to judge the constitutionality of a given law, Fowler said the issue is centered on one question.

"How does anyone, regardless of the sexes of the parties, get a valid marriage license pursuant to an invalid law?" he asked.

Fowler said the Supreme Court is attempting to "declare by judicial fiat" a new law rather than allowing the legislative branch to determine what to do in the aftermath of the court's decision.

"This lawsuit asserts the simple proposition that an invalid law is no law," he said. "And the power asserted by the Supreme Court is nothing less than a power, by court order, to enact or replace a law that it has ruled invalid."

Fowler said he is prepared to take the lawsuit as far as it will go, even if the state's courts don't side with him. Ultimately, he said, he is willing to take it to the U.S. Supreme Court. When asked why he thinks the high court would make a different decision, Fowler said, "Because by the time we get there I hope some of them will have wakened up from their imperial slumber."

On Wednesday Fowler spoke at the House Civil Justice Subcommittee meeting that defeated the Tennessee Natural Marriage Defense Act.

House panel kills 'natural marriage' bill

The five plaintiffs include three ministers — George Grant, Larry Tomczak and Lyndon Allen — who live in Williamson County, as well as Tim McCorkle and Deborah Deaver, who also live in the county.

Deaver and McCorkle were included in the lawsuit because their voting rights were violated, Fowler said.

"Under the Constitution, they have a right to vote on legislators who pass the laws for the clerks. When clerks start handing out licenses that the legislature has not authorized, then my right to vote has indirectly been taken away," Fowler said.

When asked about the fact that the ministers included in the lawsuit are not legally compelled to conduct a same-sex marriage, Fowler said if they perform marriages they are not authorized to perform by law, they are guilty of a misdemeanor and could face a fine up to $500.

In addition to the Williamson County lawsuit, Fowler said he is hopeful to file a separate lawsuit in East Tennessee to "raise the issue."

Anderson could not immediately be reached for comment, and a staffer at the county clerk’s office said she couldn’t comment.

Shortly after Fowler concluded his press conference, state Sen. Jeff Yarbro, D-Nashville, dismissed the lawsuit.

"I think the courts will make quick work of that lawsuit," he said. "I think Tennessee's marriage law will stand and you will continue to see same-sex couples continue to obtain marriage licenses."

Hedy Weinberg, executive director of the ACLU of Tennessee, said Fowler's lawsuit undermines the American value that government should treat everyone equally.

"Obergefell ensures that loving, committed same-sex couples in Tennessee and nationwide who want to build and share a life together will be treated with the same respect and dignity as everyone else," she said.

"Any effort to prevent Williamson County from issuing marriage licenses is directly in violation of the Supreme Court ruling and the 14th Amendment, and it is something that equality advocates across the state will fight,” said Chris Sanders, executive director of the Tennessee Equality Project, which advocates for LGBT issues. He said opponents to same-sex marriage have been studying for months to find a loophole in the court’s ruling.

“We should take this absolutely seriously,” Sanders said. “If they have found an angle, you could see this replicated in other states.”

Staff writer Stacey Barchenger and Jill Cowan contributed to this story.

Reach Joel Ebert at 615-259-8379 and on Twitter @joelebert29.