Court actions may linger in ballot debate over benefits for Chattanooga workers’ domestic partners

By Todd South July 3, 2014 5 min read

Chattanooga City Hall

What: Meeting of the Hamilton County Election Commission regarding the Aug. 7 ballot question on domestic partner benefits for City of Chattanooga employeesWhen: 8 a.m. July 7Where: Hamilton County Courthouse, Room 120, 625 Georgia Ave.Citizens for Government Accountability and Transparency wording:Shall the City of Chattanooga’s ‘domestic partnership’ ordinance (Ordinance No. 12781) be adopted?For the Ordinance providing for the extension of benefits in domestic partnerships and adding sexual orientation, gender identity and gender expression to the city’s nondiscrimination policy.Against the Ordinance providing for the extension of benefits in domestic partnerships and adding sexual orientation, gender identity and gender expression to the city’s nondiscrimination policy.City of Chattanooga wording:Shall Ordinance No. 12781 go into effect or become operative to amend the City Code of the City of Chattanooga so as to (1) ensure that city employees are also afforded equal protection against harassment and discrimination because of ethnicity, sexual orientation, gender identity and gender expression; and to (2) provide certain medical and leave benefits to a qualified domestic partner of City employees? A qualified domestic partner is a person who states under oath they have resided with the City employee for at least 365 days; the City employee and domestic partner are in a non-platonic and committed relationship of mutual caring; neither the City employee nor the domestic partner has a spouse as recognized under Tennessee law; the City employee and domestic partner have joint financial and credit responsibilities; and the City employee and domestic partner are not related to a degree of kinship that would otherwise prevent marriage under Tennessee law. A referendum on this ordinance is required pursuant to Section 11.25 of the Chattanooga City Charter.Source: Court documents

Round 4 of the fight how to word a ballot question regarding benefits for Chattanooga city employees’ domestic partners is set for 8 a.m. Monday — just four hours before the ballots are supposed to be printed.

But even if the language is settled, the question could linger beyond the Aug. 7 election, given a flurry of court filings by four parties involved in the referendum.

Hamilton County election commissioners will hold an emergency meeting Monday — their second in less than two weeks — to try to clear up disputes about the wording of the citywide referendum.

And this morning, a Circuit Court judge will be assigned to handle lawsuits filed this week by a city employee and Chattanooga, who object to language the election commission adopted last week for the referendum. The judge could grant an attorney’s request for a restraining order or injunction to stop the ballots from being printed, but courthouse sources say that is unlikely.