Gay-Divorce Delay Upsets Some Judges

By Kevin McGill/Associated Press

Two Mississippi Supreme Court justices said Thursday that the court should find the state’s ban on same-sex marriage unconstitutional and not wait for a ruling from the U.S. Supreme Court.

Their 26-page statement, written by Justice Leslie D. King and joined by Justice James Kitchens, was attached to an order by a six-member court majority.

The order seeks more briefs on the question of whether a same-sex couple legally married in another jurisdiction can get a divorce in Mississippi.

Justice David Chandler objected to more briefs, saying there is no need to delay a ruling that the divorce cannot be granted under Mississippi’s constitution.

In January, the Mississippi Supreme Court heard arguments in the case of Lauren Czekala-Chatham, who is seeking a divorce from Dana Ann Melancon. They were married in California in 2008.

The state said the divorce cannot be granted because the Mississippi Constitution forbids the performance of same-sex marriage in the state and forbids recognition of same-sex marriages legally performed elsewhere.