The Commercial Appeal

WHAT RULING MEANS IN TENNESSEE

- Richard Locker

NASHVILLE — The Supreme Court’s ruling on the federal Defense of Marriage Act won’t alter Tennessee’s constituti­onal ban on same -sex marriage but should mean Tennessee same-sex couples who legally married elsewhere won’t be denied federal benefits and protection­s afforded married heterosexu­al, experts said Wednesday.

But legal scholars said the ramificati­ons of the ruling for Tennessean­s are more complicate­d.

The ruling will now prevent discrimina­tion against same -sex married couples in federal benefits, responsibi­lities and protection­s afforded other married couples — including Social Security survivor benefits, family and medical leave and benefits for service members’ spouses — but some are tied to where the marriage occurred and others are tied to where the couple resides.

Vanderbilt University Law School professor Suzanna Sherry said that while the ruling “should mean that Tennessee couples won’t be denied federal benefits, the question is complicate­d: First, it might depend on whether Tennessee decides to recognize the validity of same-sex marriages performed elsewhere … That question might have to be litigated.

“But the other possibilit­y is that the federal government — the Internal Revenue Service, Social Security Administra­tion, et cetera — might decide to interpret federal law to make the question whether you’re married depend on where you get married rather than on where you live, and then it wouldn’t matter whether Tennessee recognizes the marriages.”

The nonpartisa­n National Conference of State Legislatur­es agreed the ruling’s impact is complicate­d in states like Tennessee. Senior counsel Susan Parnas Frederick said the eligibilit­y of same-sex couples married in a state that allows it but living in a state that doesn’t can vary depending on the benefit.

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