TN Judge declines divorce case, citing gay marriage ruling

[Lucille]

That is some world class black knighting right there.

Judge declines divorce case, citing gay marriage ruling
http://www.timesfreepress.com/news/local/story/2015/sep/03/judge-declines-divorce-case-citing-gay-marria/323201/


A local judge contends the U.S. Supreme Court decision on same-sex marriage has derailed Tennessee's ability to determine what constitutes divorce — leaving one Signal Mountain couple married against their will.

Hamilton County Chancellor Jeffrey Atherton denied the divorce petition last week after hearing from seven witnesses and going through 77 exhibits. Among several reasons he cited in rejecting the couple's divorce, one was the Supreme Court's June ruling.

Atherton said the Supreme Court must clarify "when a marriage is no longer a marriage." Otherwise, he contended, state courts are impaired from addressing marriage and divorce litigation altogether.

"The conclusion reached by this Court is that Tennesseans have been deemed by the U.S. Supreme Court to be incompetent to define and address such keystone/central institutions such as marriage, and, thereby, at minimum, contested divorces," Atherton wrote.

[wizardwatson]

I'm in the middle of a divorce in Kansas, where we also have a same-sex marriage ban. This could be me! LOL. Our next hearing is on September 21st.

And unlike this couple we actually do have a kid.

Apparently this judge said "I hope you guys can work it out." My wife would hit the roof. LOL.

[jj-]

Nice argument.

[jonhowe]

THe ruling by the SCOTUS had nothing to do with "when" marriage is a marriage. It had to do with "who" could be involved in a marriage.

Total BS argument, this will be appealed and overturned by whichever state court is directly above him.

[Dianne]

THe ruling by the SCOTUS had nothing to do with "when" marriage is a marriage. It had to do with "who" could be involved in a marriage.

Total BS argument, this will be appealed and overturned by whichever state court is directly above him.

I agree with you. Keep in mind, most Judges know very little about the law. That's why they defer in court to attorney's to tell them what the law is, and write up the Orders for the Judge to sign. I saw a case in County court where a woman was representing herself and the Judge found against her because she had not written up an Order for him to sign. She said she thought that was his job as a Judge. He told her NO. A Judge is not required to write an Order.