Legal Question in Family Law in Tennessee

Re: civil union

No, it would not. I recommend that anyone that wants to live in Tennessee and is part of a civil union be sure to secure your "rights" through contract with your partner. Through the appropriate use of contracts, wills, power of attorney, you can retain many of the same rights despite the fact that TN doesn't recognize your union.

Re: NJ civil union tennesse

From my limited knowledge of the recognition of civil unions in the remaining states other those like NJ that have moved to protect same-sex unions, I googled civil unions and the so-called DOMA states. Unfortuneately, TN is one of the 27 states that has adopted the so-called "DOMA" or "Defense of Marriage Act" that has not passed the US Congress but has been adopted in several (27) states.

DOMA-type legislation has the goal of defining marriage as a union between a man and a woman. There is aparently a movement afoot to amend the constitution to so define marriage. So we have a long way to go in our national evolution to protect same-sex unions. Demographically, it appears that the more southern states seem to generally oppose same-sex unions. The Maryland Supreme Court is currently considering the matter at this time as I read and that state might be one of the first in the south. No other southern state has adopted any civil union legislation as it would appear from a quick scan.

There was an excellent article in a publication of the NJ Bar Association authored by a member or chair of the Gay & Lesbian Rights section of the NJ Bar Association. If you contact the NJ Bar Association, they may connect you the author, provide you with a copy of the article that we used as an educational tool in our discussion of same-sex unions in the Thomas Forkin Inns of the Family Court. That might be a source of finding a lawyer that is well-steeped in these issues. Best of Luck, I hope this leads to some helpful considerations in making such a move. The laws do vary widely from stat-to-state and you are wise to consider such matters in advance of a move in that direction so that you have a better understanding of the states in which such unions may be undermined by the DOMA movement's philosophy. Even a choice of law provision that could require a contract regarding the rights of your union to be interpreted under the laws of the state where it was created might receive a cool reception and be weakened in such a state. You still may wish to consider such a contract with a choice of law provision but that still might prove impractical. As a practical matter a lawyer or self-represented would be caught in a situation of convincing the TN court to enforce NJ law although TN has rejected the NJ approach. Also these states may not provide the enforcemnt mechanisms available in civil union states such as mutual access to health care or such records by a mate. Issues regarding children you might adopt if that is an issue might also prove difficult as there is no underlying infrasturture. These are only a few issues to consider.