Voters, not federal judges, should decide how to define marriage said attorneys who filed an appeal yesterday asking the U.S. Supreme Court to decide whether Oklahoma's ban on gay marriage is constitutional. The 47-page appeal was filed by Alliance Defending Freedom, an organization representing Tulsa County Clerk Sally Howe Smith, who was sued after refusing to grant a marriage license to a same-sex couple. The 10th U.S. Circuit Court of Appeals sided with the couple last month, upholding a federal judge's ruling that found the ban unconstitutional. However, those rulings were put on hold as the case makes its way through the courts, the Chattanooga Times Free Press reports.

Ninth Judicial District Circuit Court Judge Russell E. Simmons Jr. has found in favor of the state in the case of a same-sex couple seeking a divorce in Roane County, the Roane County News reports. In a seven-page ruling issued this week, Simmons determined that Tennessee laws declaring that a valid marriage in another state, but prohibited and thus unenforceable in Tennessee, are constitutional. “Both the Supreme Court of the United States and the courts of Tennessee have both found that the Full Faith and Credit Clause does not require a state to apply another state’s law in violation of its own legitimate public policy,” Simmons noted in his ruling.

The Knoxville Bar Association, Legal Aid of East Tennessee and the Tennessee Faith and Justice Alliance are teaming up to host a seminar on Sept. 16 for ministers of all faiths to learn about the resources available to help members of their congregations with legal problems. “The idea is to make them aware of how to spot legal problems that are impacting the lives of people in their congregations, and to inform [the ministers] of the various legal and social resources in East Tennessee that are available,” said Knoxville lawyer Ian Hennessey. The seminar will be held in Trentham Hall of First Baptist Church of Knoxville, 510 W. Main St. Cost is $6, which includes a sandwich lunch buffet. Those interested in attending should contact Vanessa Moore. Download a handout about the event or read more in Knoxnews.

Chattanooga attorney James Anthony "Jamey" Hewitt died from injuries received in a single-vehicle accident early Sunday morning (Aug. 3). He was 44. A longtime resident of Chattanooga, Hewitt was a graduate of McCallie School and the University of Tennessee at Chattanooga. He received his law degree from the University of Memphis School of Law. The family will receive friends on Friday from 11 a.m. to 2 p.m. at Heritage Funeral Home, 7454 E. Brainerd Rd. Funeral services will follow at 2 p.m. with Dr. Thomas Quisenberry officiating. Burial will be at Hamilton Memorial Gardens in Hixson. Memorial contributions may be made to the American Cancer Society. The Chattanoogan has more.

Students at the University of Tennessee College of Law will soon be able to practice trademark law before the U.S. Department of Commerce’s U.S. Patent and Trademark Office (USPTO), school officials announced today. The college is one of only 47 law schools chosen to participate in the USPTO Law School Clinic Certification Pilot Program. As part of the program, UT’s Business Law Clinic will provide trademark legal services to independent inventors and small businesses on a pro bono basis. Students will represent clients before the USPTO under the guidance of a faculty clinic supervisor. "Branding has become an increasingly important element of promoting a successful product or business," said Brian Krumm, director of the UT Business Law Clinic and supervisor of the pilot program. "Providing our students the opportunity for hands-on experience with the trademark process will make them more effective counselors to businesses when they become practicing attorneys." 

Plaintiffs and attorneys in the Tennessee same-sex marriage appeal this afternoon said they were hopeful following three hours of arguments in six cases across all four states of the 6th Circuit U.S. Court of Appeals. “I thought everyone was very prepared and the court was very engaged, and it was a very intellectual exchange,” said Nashville lawyer Bill Harbison, who argued on behalf of three Tennessee couples seeking recognition of their marriages in the state. The three-judge panel, which included Tennessee Judge Martha Craig Daughtry, peppered attorneys from both sides with questions over the value of the judicial process versus the legislative process and states’ rights versus the rights of individual plaintiffs. Other Tennessee attorneys appearing for the plaintiffs were Abby R. Rubenfeld of Nashville; Scott Hickman, Phil Cramer and John Farringer with Sherrard & Roe in Nashville; Maureen T. Holland of Memphis; and Regina Lambert of Knoxville. Knoxnews has more.

Election Day is today, Aug. 8, for state primary and general county elections as well as judicial retention elections for all appellate court judges. Polling locations will be open 8 a.m. to 8 p.m. in Hamilton and Knox counties, and from 7 a.m. to 7 p.m. in Davidson and Shelby counties. Contact your local election commission for information about voting locations and times. Follow election results from the Tennessee Secretary of State's office, which will be posting on its website as well as on Facebook and Twitter. Get information about following specific races here. The office warns that results may come out later than usual given the length of this year's ballot.

A fierce ideological civil war is playing out in some Tennessee Republican state legislative primary contests as tea party-style Republicans and traditional conservatives battle ahead of Thursday’s election, according to the Chattanooga Times Free Press (subscription required). Money for independent expenditures poured in by super PACs on both sides has reached more than $300,000, the paper reports.

The Williamson County Bar Association (WCBA) recently conducted a retention election poll for the justices and judges of the state Supreme Court, Court of Appeals and Criminal Court of Appeals. Association members voted to recommend retention for all. With regard to the Supreme Court justices, 97 percent of WCBA members recommended retention for Justice Connie Clark; 86 percent recommended retention for Justice Sharon Lee; and 89 percent recommended retention for Chief Justice Gary Wade. In releasing the poll results, WCBA President Neil Campbell stated, “The data gathered from the polling speaks for itself and shows that the Williamson County Bar Association clearly recognizes the importance of a fair and impartial judiciary and court system.”

Several prosecutors spoke in support of Tennessee Supreme Court Chief Justice Gary Wade and Justices Cornelia Clark and Sharon Lee at a news conference yesterday at the Tennessee Supreme Court building in Knoxville. The speakers argued that the justices are honorable, follow the law and deserve to be retained in Thursday's election. A half-dozen Knoxville lawyers joined the justices as did Eddie Biggs, chief deputy of the Knox County Sheriff's Office. Wade said the justices have the support of sheriffs and police departments across the state. Knoxnews has more.