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A central theme of the 2004 elections coinciding with the Presidential election was state amendments to their individual Constitutions defining marriage or banning same sex marriages. The ACLU has been successful in overturning these laws passed by the popular vote of the people in 2 states. Now, the ACLU is challenging another such law this time in the Volunteer State and the case is now coming before the state Supreme Court.

Several state representatives held a news conference to urge the Tennessee Supreme Court to reject an ACLU challenge on the constitutionality of the marriage amendment and let it go before a voter referendum.

Meanwhile, the U.S. Senate rejected a constitutional amendment banning gay marriage. The 49-48 procedural vote was 18 short of the 67 needed for the Senate to amend the constitution. Senate Majority Leader Bill Frist, R-Tenn., criticized this week for bringing the matter to the floor in an election year, said those who favor the amendment will not give up.

“We must continue fighting to ensure the Constitution is amended by the will of the people rather than by judicial activism,” he said. SOURCE