reclaim liberty

Here is what we are doing to help you reclaim your personal liberty and assert the sovereignty of our state under the Ninth and Tenth Amendments to the U.S. Constitution that our federal Courts, and particularly the U.S. Supreme Court, have eroded by their tyrannical decisions, the latest decision being that in 2015’s Obergefell v. Hodges.

Our strategy is twofold: bring lawsuits that challenge the Obergefell ruling that redefined marriage by arguing our case from a constitutional perspective, and help to bring legislation to Tennessee that can support our legal efforts.

Overview of the Lawsuits


To get a quick overview of the two Tennessee lawsuits challenging the 2015 Supreme Court same-sex “marriage” ruling, Obergefell v. Hodges, here is a flowchart of what FACT, through the Constitutional Government Defense Fund, is trying to do.

possible lawsuit outcomes, updated February 2018

Summary of the Lawsuits

Pastors and other concerned citizens are fighting the issue of the legitimacy and effect of Obergefell in state court, not federal court, through lawsuits filed by them over the continuing validity of the marriage license laws after Obergefell.
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In Layman’s Terms

In this PDF, get the layman’s guide to the Obergefell-challenging lawsuit in state court. Understand state law, Obergefell holdings, and our legal argument.
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Frequently Asked Questions

Get answers to questions like these: Didn’t the U.S. Supreme Court decide that our marriage license law was invalid? Aren’t you saying that a state court decision can “nullify” or “disregard” a Supreme Court decision?
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Why Didn’t the Legislature ‘Nullify’ Obergefell?

There were only two governmental groups that could have challenged the U.S. Supreme Court’s ruling in Obergefell v. Hodges. The first was the federal government and the second was the state government. Here is an explanation of why it was pointless, at the time of the Obergefell decision, to look to either of the two governmental bodies to make that challenge.
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The Leaders of Faith video series from October 15, 2015, featuring FACT President David Fowler is a great way to understand the constitutional and theological issues of the Obergefell v. Hodges Supreme Court case that legalized same-sex “marriage.”
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Constitutional Govt. Defense Fund

The purpose of CGDF is to evaluate the prosecution of lawsuits where government actions violate constitutional principles that, if unchecked, will prohibit the state of Tennessee from protecting the institution of marriage.
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Help Us Find Plaintiffs

If you know someone who might be a good plaintiff, ask that person if he or she would be willing to file a similar lawsuit in his or her county. If that person is willing, have him or her contact us by email and put “lawsuit” in the subject line. We will then evaluate the possibility of bringing a lawsuit. The persons who can sue are as follows: current county commissioners, county and city mayors, judges, chancellors, and former county executives/mayors, judges and chancellors.
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The Three Tennessee Lawsuits

Two of these lawsuits were filed by FACT through the Constitutional Government Defense Fund in Williamson and Bradley Counties. The third lawsuit is simply a motion to intervene in a Knoxville custody case.

Williamson County Case—Grant v. Anderson

On January 21, 2016, FACT, through the Constitutional Government Defense Fund, filed a lawsuit in Williamson County, Tenn.
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Bradley County Case—Green v. Simpson

On February 4, 2016, FACT, through the Constitutional Government Defense Fund, filed a lawsuit in Bradley County, Tenn.
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Knoxville Insemination Custody Case

On September 9, 2016, FACT, through the Constitutional Government Defense Fund, filed a motion to intervene in a Knoxville lesbian divorce case in which one of the women had a child through artificial insemination. The case is Sabrina Renae Witt v. Erica Christine Witt.
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Legislation Supporting the Lawsuits

HJR 528

A 2016 resolution recognizing Tennessee’s rights under the 10th Amendment that urged Congress to return the definition of marriage back to the states and restrain the federal judiciary.
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HJR 529

A 2016 resolution that notes that declaratory judgment actions that have been filed raise the constitutional issues of federalism and separation of powers disregarded in Obergefell’s mandate that states issue same-sex marriage licenses in the absence of legislative action authorizing the same.
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SB 1153

Also known as the Insemination Statute Repeal, this 2017 bill repeals the statute that deems a child born to a married woman as a result of artificial insemination, with the consent of the married woman’s husband, to be the legitimate child of the husband and wife.
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