LISA HOWE, ET AL. v. BILL HASLAM, as Governor of the State of Tennessee, in his official capacity - Articles

All Content

Posted by: Tanja Trezise on Jun 27, 2013

Court: TN Court of Appeals

Attorneys 1:

Abby R. Rubenfeld, Nashville; Shannon P. Minter, Amy Whelan, Christopher Stoll, San Francisco, CA; James E. Hough, Leah Andrea Ramos, Benjamin Smiley, New York, NY, for the appellants, Lisa Howe, Erik Cole, Erica Gilmore, Mike Jameson, Shirit Pankowsky, Marisa Richmond, Wesley Roberts, The Tennessee Equality Project, and The Tennessee Transgender Political Coalition

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter, William E. Young, Solicitor General, Adam B. Futrell, Assistant Attorney General, William J. Marrett, Jr., Senior Counsel, Nashville, Tennessee, for the appellee, Bill Haslam, as Governor of the State of Tennessee, is his official capacity

Judge(s): HIGHERS

Plaintiffs filed a complaint asserting a constitutional challenge to HB600. The trial court, however, dismissed the complaint because it found Plaintiffs lacked standing because they had failed to allege an injury-in-fact, that their claims were not ripe for review, and that they were merely seeking an advisory opinion. Plaintiffs timely appealed to this court. However, we dismiss the appeal for lack of subject matter jurisdiction, and we remand the case to the trial court for resolution of Plaintiffs’ Motion and Memorandum to Amend Complaint and for further proceedings, as necessary, consistent with this opinion.