Friday, November 6, 2015
Same-Sex Divorce Ruling
The Mississippi Supreme Court issued its opinion in Czekala-Chatham v. State of Mississippi yesterday dealing with whether Mississippi Courts have the authority to grant a same-sex couple a divorce. A copy of the opinion is located here. The Court ruled that based on the recent U.S. Supreme Court holding that the divorce which had been dismissed by the trial court can go forward now. I was the trial attorney on this case and wrote the brief. There is a very interesting and detailed dissent by four of the justices dealing with whether the U.S. Supreme Court exceeded their authority and crossed over into legislative functions in the decision.
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I understood the dissents to mean that only Coleman and Dickinson thought they had the power to overrule the U.S. Supreme Court. The other two dissenters, King and Kitchens, agreed with the result but thought the Court should have written an actual opinion, instead of just sending it back to the lower court based on agreement of the parties to the appeal. The order was odd in its content and timing.
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