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Three Tennessee same-sex couples win injunction for marriage recognition

Rachel Howald cries after hearing the U.S. Supreme Court Ruling on key portions of DOMA in 2013.
Rachel Howald cries after hearing the U.S. Supreme Court Ruling on key portions of DOMA in 2013.
Getty Images

Three same-sex couples were given a preliminary injunction Friday, which gives them the same rights as opposite-sex couples. The Judge does believe the constitution protects the rights of same-sex couple. She also added, same-sex marriage bans will soon be "American history."

Same-sex marriage will be allowed in England and Wales March 29, 2014.
Same-sex marriage will be allowed in England and Wales March 29, 2014.
Oli Scarff / Getty Images

Judge Aleta Trauger said in her ruling, the state is temporarily barred from imposing the states same-sex marriage ban.

"At this point all signs indicate that, in the eyes of the United States Constitution, the plaintiffs' marriages will be placed on an equal footing with those of heterosexual couples and that proscriptions against same-sex marriage will soon become a footnote in the annals of American history," Trauger said.

The lawsuit asked for same-sex couples in Tennessee to recognize their marriages as legal, but the injunction only applies to three couples.

Although the state passed a ban law in 1998, in 2006 the state made a constitutional amendment banning same-sex marriage. However, after this latest ruling the state attorney general's office said, it intends to review the decision and adamantly defend state law.

One of the couples has been married for more than 19 years and have a son and daughter. They previously lived in San Francisco, Calif., before accepting a new job offer in Tennessee. They said, they were hesitant but wanted to make sure nothing interfered with their children being able to enjoy and settle into the new school in Williamson County.

But the couples still fear the state is going to appeal their case.

"I would hope that the state does not appeal and that this can be a ruling on the merits of our suit and allow other people similarly situated or who want to get married in the state of Tennessee to do so," Matthew Mansell said.

As this case was being ruled on, the same day March 14, the state of Indiana received a fourth lawsuit filed for same-sex marriage rights.

The National Center for Lesbian Rights said, courts in states that prohibit same-sex couples from having the same rights as hetrosexual couples and have been challenged since the Supreme Court ruling in DOMA "has ruled in favor of the freedom to marry for same-sex couples."

Even the state of Kentucky recently ruled banning same-sex marriage as unconstitutional.

The Human Rights Campaign, President, Chad Griffin was elated that Tennessee recognizes equality for all in a statement.

"Yet another federal judge has recognized that bans on marriage equality don't hold up to even basic constitutional scrutiny. Though today's ruling comes from Tennessee, it joins others issued recently in Virginia, Kentucky, Texas, Ohio, Oklahoma and Utah, and in this case the judge boldly noted that it won't be long before each and every remaining ban on marriage equality becomes a footnote in history. That day isn't here yet, but today Tennessee brought us one step closer to that goal."

To date the United States has 29 states banning or restricting same-sex couples from legally being recognized like opposite-sex marriage, according to the HRC.

The recognition and rights given to same-sex couples who wish to be married is not just happening in the U.S. On March 29, 2014 England and Wales will have new laws introduced that will legally recognize same-sex marriage.