Interview with Kimberly Franklin, Tamera Boyd Franklin, May 2, 2022

Louie B. Nunn Center for Oral History
Transcript
Toggle Index/Transcript View Switch.
Index
Search this Index
X
00:00:00 - Introductions and background

Play segment

Partial Transcript: This is an oral history interview with Kim Franklin and Tamera Franklin--

Segment Synopsis: Tamera and Kimberly Franklin introduce themselves and talk about their rural upbringings in Simpsonville, KY. They say that they began developing romantic feelings for each other over the course of their friendship, and shared those feelings after twenty years of knowing each other. Tamera and Kimberly recall facing difficulties for being LGBTQ in the United States South.

Keywords: Family; Gay marriage; Homosexuality; Identity; Internalized homophobia; Kentucky; LGBTQIA+; Marriage equality; Rural life; Sexual orientation; Sexuality; Simpsonville (Ky.); Shelby county (Ky.)

GPS: Simpsonville, KY (USA)
Map Coordinates: 38.222, -85.353
00:06:05 - Discovering and expressing sexuality

Play segment

Partial Transcript: So Tammy, are, are you saying that--

Segment Synopsis: Tamera and Kimberly talk about how they both discovered their sexuality at a young age and approached it in different ways. Tamera explains how after years of keeping her LGBTQ status a secret, getting together with Kimberly allowed her to openly express herself and ultimately improved her happiness. The two describe admitting their feelings for each other.

Keywords: Homophobia; Homosexuality; Identity; Kentucky; LGBTQIA+; Louisville (Ky.); Marriage equality; Rural life; Sexual orientation; Sexuality; Simpsonville (Ky.); Shelby county (Ky.)

00:13:27 - Development of their relationship

Play segment

Partial Transcript: So, but-- I'm gonna go back to the question--

Segment Synopsis: Kimberly and Tamera explain how they confessed their feelings to one another and officially became romantic partners. In spite of her inexperience with dating women, Tamera says she knew right away the relationship would last. They describe sharing the news of their relationship with their children and families, and that they picked it up quickly. They recall the progression of their relationship and having to travel to Connecticut to be married before Obergefell v. Hodges.

Keywords: Connecticut; Gay marriage; Homosexuality; Identity; Kentucky; LGBTQIA+; Marriage equality; Obergefell v. Hodges; Rural life; Sexual orientation; Sexuality; Simpsonville (Ky.); Shelby county (Ky.)

00:18:14 - Family support for marriage

Play segment

Partial Transcript: And mind you, my father's a Native American old-school farmer--

Segment Synopsis: Tamera describes her father's values. She discusses introducing Kimberly to her father initially as a friend. Tamera recalls that he observed their relationship fairly quickly. Kimberly recalls having a conversation with Tamera's father about being married. They recall support for their marriage from both of their families. Kimberly describes meeting Tamera as a life-changing event, and that their families meshed very quickly. The two detail their marriage proposal.

Keywords: Farmers; Gay marriage; Homosexuality; Identity; Kentucky; LGBTQIA+; Marriage equality; Marriage proposals; Native Americans; Rural life; Sexual orientation; Sexuality; Simpsonville (Ky.); Shelby County (Ky.)

00:26:24 - Memories of the wedding ceremony

Play segment

Partial Transcript: So you went to Connecticut, and what was that like?--

Segment Synopsis: Tamera and Kimberly describe some of their memories from their wedding. They recall the drive from Kentucky to Connecticut. Tamera discusses some of the difficulties they faced on the day of the ceremony. The two say that every day of their marriage has been a new adventure.

Keywords: Connecticut; Gay marriage; Homosexuality; Identity; Kentucky; LGBTQIA+; Marriage equality; Native Americans; Obergefell v. Hodges; Rural life; Sexual orientation; Sexuality; Simpsonville (Ky.); Wedding ceremonies; Weddings; Shelby county (Ky.)

00:30:48 - Addressing homophobia and unjust laws

Play segment

Partial Transcript: So this is 2010, you get married, um, you come home--

Segment Synopsis: Kimberly and Tamera talk about some of the problematic individuals they encountered on social media, and how they dealt with them. Kimberly recalls their friendship with an attorney named Shannon Fauver who helped the couple file a federal court case against the state of Kentucky. They describe their reasoning behind the decision to do so. Kimberly tells a story in which her son stood up for a boy who was bullied by his school administration for being LGBTQ.

Keywords: 6th U.S. Circuit Court of Appeals; Advocacy; Appellate courts; Attorneys; Bullying; Court cases; Federal courts; Gay marriage; Homophobia; Homosexuality; Identity; Kentucky; LGBTQIA+; Marriage equality; Rural life; School administrations; Sexual orientation; Sexuality; Shannon Fauver; Simpsonville (Ky.); Social media; Trial courts; U.S. Supreme Court; Shelby county (Ky.)

00:40:43 - Supporting the LGBTQ+ community

Play segment

Partial Transcript: This--you mentioned, you know, you're alone on this, um, but how connected were you to the wider, um, LGBT community?

Segment Synopsis: The two discuss their connection with the wider LGBTQ community, saying it's somewhat difficult to connect in a rural setting. Tamera describes being involved in coordinating the first Shelby County pride parade, saying that the turnout for the event was very large. She describes the normalization of marriage within the LGBTQ community, saying that some individuals now take it for granted. Kimberly affirms that their efforts were for not just them, but also generations to come.

Keywords: 6th U.S. Circuit Court of Appeals; Appellate courts; Gay marriage; Homosexuality; Identity; Kentucky; LGBTQIA+ community; Marriage equality; Normalization; Posterity; Pride parades; Rural life; Sexual orientation; Sexuality; Simpsonville (Ky.); Trial courts; U.S. Supreme Court; Shelby county (Ky.)

GPS: Shelbyville, KY (USA)
Map Coordinates: 38.211, -85.223
00:48:00 - Beginnings of the case / Merging with Bourke v. Beshear

Play segment

Partial Transcript: So, you call Shannon and you say, okay, we're gonna do this--

Segment Synopsis: Kimberly describes the beginnings of their case against the state of Kentucky and its anti-gay marriage laws. They discuss merging their case with another one which resulted in them being assigned Judge John G. Heyburn. Kimberly details the increasing complexity of the case. They describe having a school friend on their legal team, which boosted their confidence. The interview is then briefly paused due to an interruption.

Keywords: 6th U.S. Circuit Court of Appeals; Advocacy; Appellate courts; Bourke v. Beshear; Court cases; Equality; Gay marriage; Homophobia; Homosexuality; Identity; Judge John G. Heyburn II; Kentucky; LGBTQIA+; Laws; Legal system; Love v. Beshear; Marriage equality; Rural life; Sexual orientation; Sexuality; Simpsonville (Ky.); Trial courts; U.S. Supreme Court; Shelby county (Ky.)

00:53:12 - Moving forward with the court case

Play segment

Partial Transcript: You know, how did it feel to, um, have this case merged--

Segment Synopsis: Kimberly discusses her reasoning behind the lawsuit, citing medical care, life insurance, and posterity as key reasons for their participation, and how they ultimately decided to go through with it for the greater good. Kimberly and Tamera describe some of Shannon Fauver's preoccupations during this time as their attorney. They describe a disagreement among the plaintiffs, saying they had to push to have Fauver represent them. Kimberly and Tamera briefly discuss the effects of misogyny on their case.

Keywords: 6th U.S. Circuit Court of Appeals; Advocacy; Appellate courts; Court cases; Equality; Gay marriage; Homophobia; Homosexuality; Judge John G. Heyburn II; LGBTQIA+; Laws; Legal system; Life insurance; Marriage equality; Medical care; Misogyny; Plaintiffs; Posterity; Representation; Rural life; Sexism; Sexual orientation; Sexuality; Shannon Fauver; Trial courts; U.S. Supreme Court; Identity

01:00:00 - Standing up for what's right

Play segment

Partial Transcript: What were some other things that you felt you needed to stand up for--

Segment Synopsis: Kimberly describes some of the other disagreements among the plaintiffs throughout the process of appeals. She recalls having a great deal of trust for their attorney, Shannon Fauver, as a result of her passion for the case itself. Kimberly says that Fauver never received recognition for her work on the case. Tamera affirms that Fauver was left out of Supreme Court proceedings because it was an extremely popular case, describing difficulties even getting into the room.

Keywords: 6th U.S. Circuit Court of Appeals; Advocacy; Appellate courts; Court case; Equality; Gay marriage; Homophobia; Homosexuality; Identity; Judge John G. Heyburn II; Kentucky; LGBTQIA+; Laws; Legal system; Marriage equality; Recognition; Rural life; Sexual orientation; Sexuality; Shannon Fauver; Simpsonville (Ky.); Trial courts; U.S. Supreme court; Shelby county (Ky.)

01:05:57 - Life during the appeals process

Play segment

Partial Transcript: Let's go back to, um, the case in Louisville--

Segment Synopsis: Kimberly says that they trusted their attorneys to make the best decisions on their behalf. Tamera describes developing a friendship with their co-plaintiffs Tim and Larry Love. Kimberly recalls her feelings surrounding the decision rendered by Judge John G. Heyburn, saying there were many highs and lows as they began the appeals process. Kimberly describes the appellate court split that ultimately resulted in the U.S. Supreme Court hearing the case.

Keywords: Appellate courts; Bourke v. Beshear; Co-plaintiffs; Decisions; Dicta; Dictum; Gay marriage; Homophobia; Homosexuality; Identity; Judge John G. Heyburn II; Jurisprudence; Kentucky; LGBTQIA+; Larry Love; Laws; Legal system; Louisville (Ky.); Love v. Beshear; Marriage equality; Obergefell v. Hodges; Plaintiffs; Rulings; Rural life; Sexual orientation; Sexuality; Simpsonville (Ky.); Strategies; Tim Love; Trial courts; U.S. Supreme Court; Shelby county (Ky.)

01:09:50 - Positive aspects of Judge Heyburn's opinion

Play segment

Partial Transcript: --opinion in, um, from Judge Heyburn--

Segment Synopsis: Kimberly recalls listening to live coverage on the radio of the decision rendered by Judge Heyburn, and describes it as one of the better opinions written about the case. She details some of the positive aspects of the opinion, saying that it respects the autonomy and rights of people who identify as LGBTQ. The two emphasize that their family is as normal and conventional as it gets, discussing some of the hate from religious groups that they received because of their case.

Keywords: Advocacy; Autonomy; Conventions; Court cases; Dicta; Dictum; Equality; Gay marriage; Hatred; Homophobia; Homosexuality; Identity; Judge John G. Heyburn II; Jurisprudence; Kentucky; LGBTQIA+; Laws; Legal opinions; Legal system; Louisville (Ky.); Marriage equality; Rights; Rural life; Sexual orientation; Sexuality; Simpsonville (Ky.); Traditions; Shelby county (Ky.)

01:14:20 - Public response to the Heyburn ruling

Play segment

Partial Transcript: But, I imagine that once the Heyburn decision came down--

Segment Synopsis: Kimberly affirms that Judge Heyburn's decision was a very big deal, as it began the appeals process for the case. She says that the ruling spawned some hatred and disagreement, as it resulted in more tax dollars being spent on the case and caused the issue of gay marriage to be at the forefront in Kentucky. Tamera describes experiencing growing public incredulity as the case became more serious, and details her frustrations with double standards and increasingly negative opinions.

Keywords: Advocacy; Court cases; Dicta; Dictum; Double standards; Gay marriage; Homophobia; Homosexuality; Identity; Judge John G. Heyburn II; Jurisprudence; Kentucky; LGBTQIA+; Laws; Legal system; Louisville (Ky.); Marriage equality; Public incredulity; Rural life; Scrutiny; Sexual orientation; Sexuality; Sexuality; Simpsonville (Ky.); Taxes; Shelby county (Ky.)

01:23:10 - Rally for gay marriage in Cincinnati, Ohio

Play segment

Partial Transcript: The ruling comes down, um, and it looks like--

Segment Synopsis: Kimberly recalls her understanding of the appeals process at the time, saying that they began to have meetings with other plaintiffs and attorneys from around the country. The two recall attending a rally for gay marriage rights in Cincinnati, Ohio on the eve of their federal appeals court hearing. They describe the event, saying it was the first time so many had gathered in support of their case. Kimberly relates the rally to the Heyburn opinion, saying it gave them a sense of pride and legitimacy. Tamera describes the progression of events at this time as extremely fast.

Keywords: Advocacy; Court cases; Dicta; Dictum; Equality; Future generations; Gay marriage; Homophobia; Homosexuality; Identity; Judge John G. Heyburn II; Jurisprudence; LGBTQIA+; Laws; Legal system; Marriage equality; Marriage rights; Ohio; Posterity; Rallies; Rights; Rural life; Sexual orientation; Sexuality; Cincinnati (Oh.)

01:31:48 - Logistics surrounding appellate court hearings

Play segment

Partial Transcript: We, we're going to get to the Supreme Court in a bit--

Segment Synopsis: The two describe their involvement and reasoning in selecting an attorney to argue before the 6th U.S. Circuit Court of Appeals. Kimberly says that, because of the location of the appellate court in Cincinnati, they weren't able to make every meeting. She describes feeling a nervous energy on the day of the appellate court hearing, and that she understood they weren't likely to win. Tamera recalls meeting the other plaintiffs at this point and that they connected with the Ohio plaintiffs the most.

Keywords: Advocacy; Appellate courts; Attorneys; Court cases; Equality; Gay marriage; Homophobia; Homosexuality; Judge John G. Heyburn II; LGBTQIA+; Laws; Legal system; Marriage equality; Plaintiffs; Posterity; Rural life; Sexual orientation; Sexuality; Trial courts; U.S. Supreme Court; Identity

01:38:49 - Oral arguments in front of the 6th U.S. Circuit Court of Appeals

Play segment

Partial Transcript: So, listening to the oral argument, um, what did you think?

Segment Synopsis: Tamera recalls listening to oral arguments in front of the 6th U.S. Circuit Court of Appeals, saying it was empowering to have a woman argue their case. She says that the oral arguments felt quite rushed due to the complex nature of the case. The two discuss various oral arguments made the day of the hearing. Kimberly makes a connection between the women's suffrage movement and marriage equality, saying it's wrong to let voters decide matters of civil rights.

Keywords: 6th Circuit Court of Appeals; Advocacy; Appellate court; Civil rights; Court cases; Equality; Gay marriage; Homophobia; Homosexuality; Judge John G. Heyburn II; LGBTQIA+; Laws; Legal system; Marriage equality; Sexual orientation; Sexuality; Trial court; U.S. Supreme Court; Women's suffrage; Identity

01:44:02 - Rapid evolution of the case

Play segment

Partial Transcript: So, was it a long day for you?--

Segment Synopsis: The two describe being extremely busy during the appellate court hearings, saying that they very quickly had to return home to work. Kimberly recalls her actions to comfort Tamera after learning of their loss in the appellate court. She describes this ruling as a turning point, saying that it allowed their case to be heard by the U.S. Supreme Court. The two discuss the extremely rapid evolution of the case from the appellate level to the Supreme Court.

Keywords: 6th U.S. Circuit Court of Appeals; Appeals process; Appellate courts; Court cases; Gay marriage; Homophobia; Homosexuality; Identity; Judge John G. Heyburn II; Kentucky; LGBTQIA+; Laws; Legal system; Marriage equality; Rural life; Sexual orientation; Sexuality; Simpsonville (Ky.); Trial courts; U.S. Supreme Court; Shelby county (Ky.)

01:48:41 - Preparing for their Supreme Court hearings

Play segment

Partial Transcript: You know, what were those months in between like?

Segment Synopsis: Kimberly recalls that they had lots of meetings in the months between the 6th U.S. Circuit Court of Appeals ruling and their Supreme Court hearing. They discuss the involvement of outside legal council, non-profits, and Supreme Court specialists at this time. They recall having various conversations about the direction of their case, their reasoning behind various choices they made, and some of the logistical considerations in going before the Supreme Court.

Keywords: 6th U.S. Circuit Court of Appeals; Advocacy; Appellate courts; Court cases; Equality; Gay marriage; Homophobia; Homosexuality; Judge John G. Heyburn II; LGBTQIA+; Laws; Legal council; Legal system; Logistics; Marriage equality; Rural life; Sexual orientation; Sexuality; Trial courts; U.S. Supreme Court; Washington, D.C.; Identity

01:52:39 - Arrival in Washington, D.C.

Play segment

Partial Transcript: What happens when you get to D.C.?

Segment Synopsis: Kimberly and Tamera discuss their schedule while in Washington, D.C. for their hearing before the Supreme Court. They describe participating in the production of a documentary film about the case. Kimberly recalls that people camped in front of the Supreme Court building for days for a chance to hear the oral arguments, saying it made them feel extremely supported and honored to play a part in the cause. Kimberly describes the energy of the crowd as they greeted others and spoke about the case with them.

Keywords: 6th U.S. Circuit Court of Appeals; Appeals process; Appellate courts; Court cases; Equality; Gay marriage; Homophobia; Homosexuality; Identity; Judge John G. Heyburn II; LGBTQIA+; Laws; Legal system; Marriage equality; Oral arguments; Sexual orientation; Sexuality; Trial courts; U.S. Supreme Court; Washington, D.C.

02:00:20 - The day of oral arguments before the Supreme Court

Play segment

Partial Transcript: That's beautiful, um, when Tammy comes back--

Segment Synopsis: Tamera recalls being in the chambers of the Supreme Court, describing the building and the hearings themselves. She recalls hearing the cries of protesters in the audience during the hearing, saying that they had to be forcibly removed from the building. Kimberly discusses some of Justice Ruth Bader Ginsburg's comments, saying she was in awe throughout the hearing which has made it difficult to remember details. The two describe the energy of the crowd after the hearing.

Keywords: 6th U.S. Circuit Court of Appeals; Advocacy; Appellate courts; Associate Justice Ruth Bader Ginsburg; Court cases; Equality; Gay marriage; Hearings; Homophobia; Homosexuality; Identity; Judge John G. Heyburn II; LGBTQIA+; Laws; Legal system; Marriage equality; Protests; Rural life; Sexual orientation; Sexuality; Trial courts; U.S. Supreme Court; Washington, D.C.

02:11:36 - After oral argument

Play segment

Partial Transcript: What was the rest of the day like?

Segment Synopsis: The Franklins discuss their schedule for the day after oral argument before the Supreme Court had concluded. Tamera describes being exhausted after the hearings, and says that they went to eat with some of the other plaintiffs. The two recall being invited at the time to meet with former President Barack Obama. They describe doing some sight-seeing in Washington, D.C. and returning to Kentucky a short while later.

Keywords: 6th U.S. Circuit Court of Appeals; Advocacy; Appellate courts; Court cases; Equality; Former President Barack Obama; Gay marriage; Homophobia; Homosexuality; Identity; Judge John G. Heyburn II; Kentucky; LGBTQIA+; Laws; Legal system; Louisville (Ky.); Marriage equality; Plaintiffs; Sexual orientation; Sexuality; Simpsonville (Ky.); Trial courts; U.S. Supreme Court; Washington, D.C.; Shelby county (Ky.)

02:17:00 - Ruling on Obergefell v. Hodges

Play segment

Partial Transcript: So, so that's April--

Segment Synopsis: Tamera describes waiting for a decision from the Supreme Court, saying they mostly went about life as usual. Kimberly recalls breaking down after hearing that the Supreme Court ruled in their favor. They describe rushing to meet with the other plaintiffs and attorneys to celebrate and hold a press conference. Kimberly and Tamera then recall immediately going with Tim and Larry Love to the courthouse where the two men received their marriage license.

Keywords: 6th U.S. Circuit Court of Appeals; Advocacy; Appellate courts; Bourke v. Beshear; Court cases; Equality; Gay marriage; Homophobia; Homosexuality; Identity; Judge John G. Heyburn II; Kentucky; LGBTQIA+; Larry Love; Laws; Legal system; Love v. Beshear; Marriage equality; Marriage licenses; Obergefell v. Hodges; Press conferences; Sexual orientation; Sexuality; Shelbyville (Ky.); Simpsonville (Ky.); Tim Love; Trial courts; U.S. Supreme Court; Shelby county (Ky.)

02:21:46 - Changes post Obergefell v. Hodges

Play segment

Partial Transcript: After the decision came down, you told--

Segment Synopsis: Kimberly says that because the two had lived as a married couple for many years prior, nothing really changed for them. Tamera describes how the ruling impacted the views of various people, saying some were ecstatic and others were embittered by it. The two affirm that this permanently impacted relationships in their personal lives. Tamera also recalls experiencing different reactions from various religious organizations, some in support of their cause and some against it.

Keywords: 6th U.S. Circuit Courts of Appeals; Advocacy; Appellate courts; Christianity; Churches; Court cases; Equality; Gay marriage; Homophobia; Homosexuality; Identity; Judge John G. Heyburn II; Kentucky; LGBTQIA+; Laws; Legal system; Louisville (Ky.); Marriage equality; Obergefell v. Hodges; Religion; Religious organizations; Sexual orientation; Sexuality; Shelbyville (Ky.); Simpsonville (Ky.); Trial courts; U.S. Supreme Court; Shelby county (Ky.)

02:28:37 - Ongoing need for advocacy

Play segment

Partial Transcript: Did you ever feel in danger?

Segment Synopsis: Tamera affirms that at times she has felt in danger because of her role in the Obergefell v. Hodges ruling. Kimberly says that they had to consider their sexuality and the beliefs of their neighbors when purchasing land to build a home. Tamera describes the beliefs of some of their neighbors, demonstrating an ambivalent response to their marriage. The two say that while the law is now on their side, there is still work to be done for gay marriage to be accepted in society like heterosexual marriage.

Keywords: 6th U.S. Circuit Court of Appeals; Advocacy; Appellate courts; Beliefs; Bourke v. Beshear; Court cases; Equality; Gay marriage; Homophobia; Homosexuality; Identity; Judge John G. Heyburn II; Kentucky; LGBTQIA+; Legal system; Louisville (Ky.); Love v. Beshear; Marriage equality; Obergefell v. Hodges; Sexual orientation; Sexuality; Simpsonville (Ky.); Trial courts; U.S. Supreme Court; Shelby county (Ky.)

02:36:20 - Trajectory of the Franklins' relationship after the ruling

Play segment

Partial Transcript: So if you--do you feel like you could go into town--

Segment Synopsis: Tamera affirms that she doesn't feel comfortable expressing her sexuality in public in Shelby County, and that they have to be conscious of their actions around others. The two discuss renewing their vows on the one year anniversary of the Obergefell v. Hodges ruling. Tamera describes the gathering and the exchange of vows. Tamera and Kimberly discuss the trajectory that their relationship and lives have taken since the national legalization of gay marriage.

Keywords: 6th U.S. Circuit Court of Appeals; Advocacy; Appeals process; Appellate courts; Bourke v. Beshear; Court cases; Equality; Gay marriage; Homophobia; Homosexuality; Identity; Judge John G. Heyburn II; Kentucky; LGBTQIA+; Louisville (Ky.); Love v. Beshear; Marriage equality; Obergefell v. Hodges; Sexual orientation; Sexuality; Simpsonville (Ky.); Trial courts; U.S. Supreme Court; Shelby county (Ky.)