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



 

RELEVANT JOBS

Associate Attorney

USA-MN-Minneapolis

This position involves significant daily contact with clients and regular contact with outside attor...

Apply now

Intellectual Property Legal Administrator, Office of General Counsel

USA-MA-Brookline

Intellectual Property Legal Administrator, Office of General Counsel Dana-Farber Cancer Institute ...

Apply now

Administrative Assistant / Paralegal

USA-IL-Chicago

Administrative Assistant / Paralegal Job Description: * Provide administrative and paralegal s...

Apply now

Litigation Attorney

USA-CA-Los Angeles

Excellent opportunity for a full-time, experienced litigation attorney (minimum 5 years) to join our...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Litigation Associate Attorney

USA-FL-Saint Petersburg

Saint Petersburg office of a BCG Attorney Search Top Ranked Law Firm seeks litigation associate atto...

Apply Now

Litigation Associate Attorney

USA-NV-Las Vegas

Las Vegas office of a BCG Attorney Search Top Ranked Law Firm seeks litigation associate attorney wi...

Apply Now

Immigration Attorney

USA-CA-Los Angeles

Los Angeles office of our client seeks immigration attorney 3-5 years of experience. The candidate w...

Apply Now

Most Popular

SEARCH IN ARCHIVE

To Top