Legal News

Same-Sex Divorce Just as Legal as the Marriage
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

same-sex divorce

Summary: With the U.S. Supreme Courts same-sex marriage ruling from months ago, divorce cases sitting in appeals from before the ruling will now be allowed to progress.

Mississippi had to turn to their Supreme Court to determine if the divorce between same-sex couples is legal. They cited the U.S. Supreme Court’s ruling Obergefell v. Hodges earlier this year in legalizing same-sex marriage.

  
What
Where


Two of the justices believe that states can disregard the Obergefell v. Hodges ruling if the courts policy opposes the interpretation of the law. Five justices agreed with the ruling from the Supreme Court, citing that same-sex divorce is legal and this should be recognized.

A dissenting vote by Jess Dickinson points to the question of whether the U.S. Supreme Court overreached its authority by ruling in favor of same-sex marriages. Several states, including Mississippi, had declared same-sex marriage as unconstitutional until the ruling was made. State Attorney General Jim Hood told the court the Supreme Court’s ruling stands and makes the ban unconstitutional.

Dickinson wrote in his dissenting vote, “And while it is true that the Supremacy Clause of the United States Constitution obligates state courts to follow the United States Supreme Court’s constitutional interpretations, even when they disagree with those interpretations, there is substantial support from legal scholars that state courts are not required to recognize as legitimate legal authority a Supreme Court decision that is no way a constitutional interpretation, but rather is a legislative act by a judicial body that is – as Chief Justice Roberts put it – a decision that ‘has no basis in the Constitution or (United States Supreme Court) precedent.’”

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




The case that brought this issue to the Mississippi Supreme Court was from 2013 when same-sex marriage was banned in the state. DeSoto County member Lauren Beth Czekala-Chatham wished to divorce her wife that she married in California but was not allowed. Her wife now lives in Arkansas. Their divorce should now be quickly finalized.

Source: http://www.usatoday.com/story/news/nation-now/2015/11/05/miss-supreme-court-rules-sex-divorce-legal/75244966/



Photo: outsmartmagazine.com



 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

Civil Defense Litigation Attorney

USA-IL-Libertyville

Libertyville office of our client seeks attorney with 1-4 years of civil defense litigation experien...

Apply Now

Trademark and Copyright Associate Attorney

USA-MA-Boston

Boston office of an AmLaw firm seeks trademark and copyright associate attorney preferably with 2-6 ...

Apply Now

Trademark and Copyright Associate Attorney

USA-NY-New York City

New York City office of an AmLaw firm seeks trademark and copyright associate attorney preferably wi...

Apply Now

RELEVANT JOBS

Secretary

USA-CA-Los Angeles

Bilingual (English, Spanish) secretary needed for Downtown Los Angeles solo immigration law praction...

Apply now

Attorney

USA-OH-Painesville

Multistate attorney for Motorcycle Personal Injury Law Firm is seeking an Attorney. The ideal can...

Apply now

Insurance Defense Paralegal

USA-GA-Atlanta

Downtown Insurance Defense Law Firm seeks paralegal with at least 3-5 years of defense litigation ex...

Apply now

Litigation Attorney

USA-DC-Washington

Justice Catalyst Law seeks an Impact Litigation Attorney to litigate impact cases that cross boundar...

Apply now

SEARCH IN ARCHIVE

To Top