County Commission Withdraws Resolution to Ban Gay Marriage

by Leslie Lytle, Messenger Staff Writer

At the Dec. 7 meeting, the Franklin County Commission withdrew a proposed resolution requesting the state of Tennessee reaffirm authority to ban gay marriage in the state. County Commissioner Eddie Clark said the resolution was withdrawn on the advice of the commission’s legal counsel. 

“Passing the resolution could have resulted in the county being sued and costing the tax payer legal fees,” he said.

The resolution had no legal value, Clark said, citing the U.S. Supreme Court June decision recognizing same-sex unions. Clark stressed that his personal opinion has not changed. 

“I don’t support gay marriage,” Clark said. “But I represent the taxpayers. It would not have been in the taxpayers’ best interest to expose the county to possible expense generated by a resolution that was not legally binding.”

The proposed resolution was based on a similar resolution passed in Greene County, Tenn., requesting the state to “regulate domestic relations including, but not limited to, the traditional concept of marriage as between one man and one woman.” In 2006, Tennessee voters approved a constitutional amendment banning same-sex unions, reinforcing already existing statutes. 

Clark, along with Democratic commissioners Chuck Stines and Stanley Bean, promoted the resolution, with Clark and Stines acting as sponsors. Clark made the motion requesting the resolution be withdrawn from the Dec. 7 Commissioners’ meeting agenda.

“I don’t disagree with the resolution, and I haven’t changed my values,” Clark said.

Fifth District Commissioner Helen Stapleton, representing Sewanee, emphasized the resolution was a “non-partisan” initiative. Stapleton, a Democrat, along with two Republican commissioners, spoke out against the resolution.

After passing the resolution in September, Greene County sent the resolution to the other 94 counties in Tennessee, appealing to them for support. Only four counties have responded by passing similar motions.

Clark said the county’s legal counsel advised him the resolution could put the county in jeopardy of incurring legal fees in a lawsuit initiated by the American Civil Liberties Union.

Stapleton said she does not expect the commission to revisit the issue in the future.