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By Tom Humphrey of the Knoxville News Sentinel

NASHVILLE — Fifty-three Republican state legislators have teamed with a Christian conservative group in trying to become involved in the pending divorce of two Knoxville women who are arguing over child custody.

The Family Action Council of Tennessee announced that its legal arm, known as the Constitutional Government Defense Fund, is representing the legislators in filing a motion to intervene in the divorce case of Sabrina Renae Witt vs. Erica Christine Witt.

The motion contends the legislators' "unique and substantial interest in the legislative power and process will be impeded, impaired, and/or nullified" if courts interpret a state law "to apply to any persons other than a man and woman joined together as 'husband' and 'wife.' "

Knox County Circuit Court Judge Greg McMillan ruled in June that Erica Witt has no legal rights under Tennessee law to involvement with a daughter born to Sabrina Witt through artificial insemination, as reported by the News Sentinel at the time. The couple were legally married in Washington, D.C., in April 2014, when same-sex marriage was prohibited in Tennessee. There is still no state law on the books authorizing same-sex marriages, but they were validated by a U.S. Supreme Court ruling last year.

The motion appears basically to endorse the position taken by McMillan in his ruling. The judge decided — as argued by Erica Witt's attorney — that the relevant Tennessee statute dealing with parenting rights in cases of artificial insemination speaks only to "husbands" of the birth mother and does not cover the mother's same-sex spouse.

Thus, Sabrina Witt was deemed to have no rights to decision-making or visitation with the child and no obligation to pay child support. Erica Witt's attorney argued that, under the U.S. Supreme Court ruling, the state law should be interpreted to apply to women spouses of the birth mother artificially inseminated child as well as "husbands."

McMillian authorized an appeal, putting the divorce action on hold pending a state court of appeals decision on whether to hear the issue.

"Given the novelty of this issue, the court thinks it appropriate to see if the appellate courts want to address this," the judge said.

In a news release, David Fowler, a lawyer who is executive director of FACT and a former Republican state senator, praised the 53 legislators and declared "they are defending the will of the people."

"They understand the importance of this case constitutionally. This is not a case involving the policy that should be applicable in situations such as this. Rather, this case involves a very important constitutional question: Does the U.S. Supreme Court's Obergefell decision authorize judges to determine for state legislative bodies what policies it must have relative to custody issues in divorce proceedings?

"If it does, then matters of family law, which have historically been within the constitutional powers of the states to determine, will have essentially been judicially taken from the states and placed in the hands of federal judges," said Fowler, who filed the motion to intervene.

Legislators signing the document included 15 Republican senators and 38 Republican representatives. House Speaker Beth Harwell and Senate Speaker Ron Ramsey were not among them.

Fowler, acting as lawyer for FACT and its litigation arm, has filed two other lawsuits that seek to invalidate same-sex marriages in Tennessee — one in Williamson County and the other in Bradley County. A judge has dismissed the Williamson County lawsuit, declaring FACT had no legal standing to bring such a case — though denouncing the U.S. Supreme Court decision in doing so. A decision in the Bradley County case is still pending.

Signing on

Republicans signing the motion to intervene in the divorce case of Sabrina Renae Witt vs. Erica Christine Witt:

HOUSE

David Alexander of Winchester

Harry Brooks of Knoxville

Kevin Brooks of Cleveland

Sheila Butt of Columbia

David Byrd of Waynesboro

Mike Carter of Ooltewah

Glen Casada of Franklin

Barry Doss of Leoma

Bill Dunn of Knoxville

Jeremy Faison of Cosby

Tilman Goins of Morristown

Curtis Halford of Dyer

David Hawk of Greeneville

Matthew Hill of Jonesborough

Timothy Hill of Blountville

Andy Holt of Dresden

Dan Howell of Georgetown

Bud Hulsey of Kingsport

Kelly Keisling of Byrdstown

Sabi Kumar of Springfield

William Lamberth of Portland

Mary Littleton of Dickson

Ron Lollar of Bartlet

Pat Marsh of Shelbyville

Judd Matheny of Tullahoma

Jimmy Matlock of Lenoir City

Debra Moody of Covington

John Ragan of Oak Ridge

Jay Reedy of Erin

Courtney Rogers of Goodlettsville

Cameron Sexton of Crossville

Jerry Sexton of Bean Station

Mike Sparks of Smyrna

Terri Lynn Weaver of Lancaster

Dawn White of Murfreesboro

Ryan Williams of Cookeville

Tim Wirgau of Buchannan

Jason Zachary of Knoxville.

Senate

Mike Bell of Riceville

Mae Beavers of Mount Juliet

Janice Bowling of Tullahoma

Rusty Crowe of Johnson City

Todd Gardenhire of Chattanooga

Mark Green of Clarksville

Dolores Gresham of Somerville

Ferrell Haile of Gallatin

Joey Hensley of Hohenwald

Bill Ketron of Murfreesboro

Mark Norris of Collierville

Kerry Roberts of Springfield

Steve Southerland of Morristown

Jim Tracy of Shelbyville

Bo Watson of Hixson