On Tuesday, David Fowler, FACT’s president and general counsel for the Constitutional Government Defense Fund (CGDF), argued before the Tennessee Court of Appeals Middle Section that Williamson County Circuit Court Judge “Woody” Woodruff had abused his discretion by denying a motion filed by CGDF to set aside last year’s judgment by the Court of Appeals dismissing the lawsuit for lack of standing.

The sole issue was whether any court had enjoined enforcement of the provision in Tennessee’s Constitution making “void and unenforceable” any “judicial interpretation purporting to define marriage as anything other than” a man and woman.

The argument was simple. Since that provision in the Tennessee Constitution has never been held unenforceable and the appellate court did, in fact, previously interpret state law contrary to that provision, the trial court did abuse its discretion because it gave credence to an opinion of the appellate court that the Tennessee Constitution commanded him to treat as “void and unenforceable.”