IN THE FOURTH CIRCUIT COURT FOR KNOX COUNTY, TENNESSEE

SABRINA RENAE WITT)

Plaintiff,)

)

v.)No. 136047

)

ERICA CHRSTINE WITT,)

Defendant.)

)

Representatives Bill Dunn (Dist. 16), Glen )

Casada (Dist. 63),Mike Carter (Dist. 29), David)

Alexander (Dist. 39), Harry Brooks (Dist. 19), )MOTION TO INTERVENE

Kevin Brooks (Dist. 24), Sheila Butt (Dist. 64), )

David Byrd (Dist. 71), Jeremy Faison(Dist. 11), )

Barry Doss (Dist. 70), TilmanGoins (Dist. 10), )

Curtis Halford (Dist. 79), DavidHawk (Dist. 5), )

Matthew Hill (Dist. 7), Timothy Hill (Dist. 3),)

Andy Holt (Dist. 76), Dan Howell (Dist. 22), )

Bud Hulsey (Dist. 2),Kelly Keisling (Dist. 38), )

SabiKumar (Dist. 66),William Lamberth)

(Dist. 44), Mary Littleton (Dist. 78), Ron Lollar)

(Dist. 99), Pat Marsh (Dist. 62), Jimmy Matlock )

(Dist. 21), Judd Matheny (Dist. 47), Debra )

Moody (Dist.81), John Ragan(Dist. 33), Jay )

Reedy (Dist. 74), Courtney Rogers (Dist. 45), )

Cameron Sexton (Dist. 25), Jerry Sexton)

(Dist. 35), MikeSparks (Dist.49), Terri Lynn )

Weaver (Dist. 40), Dawn White (Dist. 37), )

Ryan Williams (Dist. 42), Tim Wirgau)

(Dist. 75),Jason Zackary(Dist. 14))

)

And )

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Senators Mike Bell (Dist. 9), Rusty Crowe )

(Dist. 3), Mae Beavers (Dist. 17), Janice)

Bowling (Dist. 16), Mark Green (Dist. 22), )

Todd Gardenhire (Dist. 10), Dolores Gresham )

(Dist. 26), Ferrell Haile (Dist. 18), Joey Hensley )

(Dist. 28), Bill Ketron (Dist. 13), Mark Norris )

(Dist. 32), Kerry Roberts (Dist. 25), Steve )

Southerland (Dist. 1),Jim Tracy (Dist. 14), Bo )

Watson (Dist. 11))

Movants for Intervention

Come now Movant-Intervenors, fifty-three Members of the Tennessee General Assembly, by and through their counsel, and pursuant to Tennessee Rules of Civil Procedure 24.01 and 24.02, move this Court to intervene as Defendants in this action on the following grounds:

  1. Movant-Intervenors would show this Court that their unique and substantial interest in the legislative power and process will be impeded, impaired, and/or nullified if the present Plaintiff succeeds in any argument that(i) Tennessee Code Ann. § 68-3-306 violates the U.S Constitution or Tennessee Constitution or (ii) that either the U.S. Constitution or the Tennessee Constitution or any judicial precedent related thereto authorizes or requires this court (A) to elide the words “husband” or “wife” from the statute and replace them with any other words; (B) in any other manner,to interpret the statute to apply to any persons other than a man and womanjoined together as “husband” and “wife”; or (C) under any other legal theory,to change the public policy expressed in Tenn. Code Ann. § 68-3-306 that is contrary to the understanding of the word “family” as inherent and implied in Tenn. Code Ann. § 36-3-113.
  1. In the alternative, Movant-Intervenors should be permitted to intervene because of their substantial legislative interestsin determining public policy regarding family law in the situation herein presented and in other situations involving marriage and children and the assertion by Plaintiff that this Court should alter or amend its decision not to “apply the conclusive presumption set out in Tenn. Code Ann. § 68-3-306” to create the legal relationship of parent and child between Defendant and a child who, according to this Court’s Order, has not been adopted and who “did not give birth to the child, and is not genetically related to the child” either by declaring the statute unconstitutional or by interpreting it in such a way as to have Defendant deemed “a parent as contemplated by existing law,” involves common questions of law and fact. See Court’s Order Filed July 6, 2016.
  1. Movant-Intervenors also rely on the Affidavits submitted herewith, the Memorandum of Law in Support hereof filed herewith, and the Court’s judicial notice of all matters relevant, material, and necessary to decide the issues on this motion.

And Movant-Intervenors move this Court for an Order providing to them such other, further, and general relief to which they may be entitled as Intervenors.

Respectfully submitted,

______

David E. Fowler (BPR # 014063)

Constitutional Government Defense Fund

Attorney for Movant-Intervenors

1113 Murfreesboro Road, No. 106-167

Franklin, TN 37064

615-591-2090

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Certificate of Service

I hereby certify that a true and correct copy of the foregoing document and all attachments hereto, have been served by U.S. Mail, postage prepared, upon counsel of record for Plaintiff, Virginia A. Schwamm, 164 Market Place Boulevard, Knoxville, TN 37922, upon counsel of record for Defendant, John K. Harber, Two Centre Square, Suite 600, 625 Gay Street, Knoxville, TN 37901, and upon Herbert H. Slattery, III, P.O. Box 20207, Nashville, TN 37202, on this the ____ day of September, 2016.

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David E. Fowler