Stacey Barchenger

sbarchenge@tennessean.com

Doug Hagler and Frank Moore have wanted to marry for 15 years. A court ruling Thursday upholding Tennessee's gay marriage ban hasn't changed that desire.

In fact, the Nashville couple sees a silver lining in the 6th Circuit Court of Appeals decision allowing gay marriage bans in Tennessee, Michigan, Ohio and Kentucky. The ruling increases the chances the U.S. Supreme Court will finally weigh in and decide the issue once and for all.

"When that happens, I think it's going to be a blanket decision," Hagler said.

Those backing traditional marriage called the 6th Circuit's ruling a victory. But they, too, said the battle over the issue isn't yet over.

The court's Thursday decision diverts from four other federal appeals courts that have ruled in favor of gay marriage.

The Supreme Court declined to hear the other cases. But now, with a dissenting ruling, the highest court could change its mind.

"If the court takes the case, that means they will resolve this issue for the entire country," said Shannon Minter, legal director for the National Center for Lesbian Rights. "That will be a very good thing. Right now there are still a number of states where couples cannot marry. They're in a terrible limbo and losing protections and benefits every day."

Minter and his organization have worked with the three Tennessee couples who first brought the issue to a local court and then to the appellate court in Cincinnati. The couples married elsewhere, had children and were asking Tennessee to recognize their marriages.

"It's extremely distressing for the couples who brought the case," Minter said of the court's decision. "They are devastated and frightened."

The court's majority opinion, written by Judge Jeffrey Sutton, says whether to allow gay marriage should be up to voters. In a harsh dissent, Judge Martha Craig Daughtrey criticized the majority for a "wait and see approach."

"The Sixth Circuit was certainly correct to frame the question before them as 'who decides?' " Brian Brown, president of the National Organization for Marriage, said in a statement. "And we wholeheartedly agree that the American people should decide this issue." He praised the decision as a "tremendous victory."

What's next?

Whether elated or disappointed by the decision, most people looked to its future implications. The Supreme Court overturned 24 of 25 cases it heard on appeal from the 6th Circuit between 2008 and 2012, according to Scotusblog, which covers the high court.

"Today's ruling by the Sixth Circuit Court of Appeals explicitly affirms our state's right to define marriage," Lt. Gov. Ron Ramsey, a Republican, wrote on his Facebook page Thursday. "This is a victory for states' rights and traditionalism in Tennessee — but (the) final battle has not yet been fought."

On Twitter, U.S. Rep. Jim Cooper, D-Nashville, wrote: "Bad news: Unfortunate ruling. Good news: One step closer to the Supreme Court."

Hagler and Moore, the Nashville couple, said they have raised four children together and Thursday's ruling means they must continue waiting to marry.

"I guess I'm just thinking that I'm not as disappointed as some might suspect I would be, because I never would have dreamed that marriage would have been possible for same-sex couples," Hagler said.

Reach Stacey Barchenger at 615-726-8968 and on Twitter @sbarchenger. Reach Jordan Buie at 615-726-5970 and on Twitter @JordanBuie.

At a glance

Tennessee lawmakers enacted a ban on same-sex marriage in 1996, and voters overwhelmingly supported a constitutional ban in 2006.

A lesbian couple married in New York and after moving to Tennessee challenged the state's ban. They had a child and were seeking recognition of their marriage — and parental rights — here. A judge ruled in favor of the couple, but the case was appealed. Two other Tennessee couples who also had married across state lines joined in that case.

The Tennessee cases first went before the appeals court exactly three months ago. Arguments focused on whether the state's ban on recognizing same-sex couples made life better for kids. The state said yes. The gay couples said no.

Rally set

A rally opposing the 6th Circuit's ruling is set for Friday. The event is at 6:30 p.m. at Bicentennial Capitol Mall State Park and is hosted by Tennessee Equality Project.