By Hilary White
NASHVILLE, July 14, 2006 (LifeSiteNews.com) – A Tennessee court has ruled that a proposed amendment to the state constitution banning homosexual “marriage” should go to the people.
The State Supreme Court ruled in a unanimous decision that the American Civil Liberties Union, which is seeking to prevent the amendment from being put on the ballot, had “failed to establish that they have standing to bring this lawsuit.”
The ACLU was attempting to stop the amendment on procedural grounds, alleging that the General Assembly did not strictly comply with public notice and publication requirements.
In his decision, Chief Justice William M. Barker wrote a rebuke against the tactic, commonly used in the homosexual movement, to use the courts to circumvent the democratic process. Barker wrote that “concern[s] about the proper — and properly limited — role of the courts in a democratic society” required rejection of the plaintiffs’ suit.
Knoxnews.com reports that had the suit succeeded, the marriage amendment would have had to wait another two years. The ACLU’s additional delaying tactics also failed. The Justices ruled that they would not hear an intermediate appeal because of the importance of the issue and the time constraints.