Gay Tennessee couples see court move as first step toward equality

Dawn Distler and Janie Fazenbaker have been together for almost 27 years, but they were waiting to get married until it was legal for everyone in the United States.

"We desperately wanted to get married in either our home state of Ohio or in our current state of Tennessee so we could share the moment with our friends and family who have been so supportive of us and our relationship," Distler said.

But in July, they wed in Washington, D.C. They made the decision so Fazenbaker could qualify for benefits from Distler's employer in Knoxville.

The original plan did not work out for the Knoxville residents, but other same-sex couples here in Tennessee might soon have the opportunity.

The U.S. Supreme Court on Friday announced it would review lower court cases that upheld gay marriage bans in Tennessee and three other states. The court's decision — expected by summer — will set precedent nationwide.

In November, the 6th Circuit Court of Appeals upheld bans on gay marriage and laws that did not recognize same-sex unions in Tennessee, Ohio, Kentucky and Michigan. That created a split — other appellate courts had struck down bans elsewhere — which some said essentially forced the high court to decide the issue.

Valeria Tanco and Sophy Jesty, the Tennessee plaintiffs in the case, were hopeful Friday that the high court would rule in their favor.

"This is an important day because it means that our family will finally have an opportunity to share our story with the Court and explain how this discriminatory law hurts us each day," Tanco said in a statement issued through the National Center for Lesbian Rights, which is representing the couple.

"We live in fear for ourselves and our little girl because we don't have the same legal protections in Tennessee as other families. We are hopeful the Supreme Court will resolve this issue so we no longer need to live in fear."

Distler said the court's decision to hear the cases is the first step toward equality.

"Nothing's over until it's over, but we feel, with the way things have gone across the country, this is really going to be a positive outcome and bring all the states together and equality for everyone across the country."

Distler said by telephone Friday that she sees the Supreme Court's decision to hear the case as the first step toward freedom for her friends and family who have wanted to get married and have wanted everything that goes along with marriage.

The past several years have seen a strong shift, and the majority of states allow gay marriage. About 35 states and Washington, D.C., allow same-sex couples to wed.

Tennessee has remained staunch against those marriages. Lawmakers enacted the ban on same-sex marriage recognition in 1996, and voters overwhelmingly supported a constitutional ban in 2006.

There were about 11,000 households in the Volunteer State with same-sex partners in 2013, according to the American Community Survey, which is connected to the U.S. census. About a quarter of those were spouses.

Suzanna Sherry, a law professor at Vanderbilt University, expected the court to take up the issue. Not only because of the split in the appeals courts, but to set precedent that crosses state boundaries. She likened the issue to slavery: Different laws in neighboring states created conflict when some slaves crossed over and were considered free, though their owners may not have agreed.

"That's why Lincoln said a Union that is half slave and half free cannot endure," she said.

"When you have people whose status is one thing in one state and something else in another state, that is going to create problems that have to be resolved one way or another," she said.

Because legislatures have been split and created laws that are not uniform nationwide, Sherry said she expected the Supreme Court would weigh in.

The court's much-awaited announcement is a bittersweet moment for Distler and her wife.

"What is sad is that they have to take on this issue to make sure that our constitutional rights are upheld," she said. "We have talked about this issue in great details. I'm happy to see this happening in my lifetime."

Reporter Jordan Buie contributed to this report. Reach Stacey Barchenger at 615-726-8968 and on Twitter @sbarchenger.