The ACLU said in a news release it will argue that denying the couple a divorce infringes upon their constitutional right to due process and equal protection.
In 2013, DeSoto County Chancery Judge Mitchell Lundy Jr. ruled that the Mississippi Constitution and statutes prevented him from granting a divorce to Lauren Czekala-Chatham and Dana Ann Melancon.
The women married in San Francisco in 2008 and bought a house in Mississippi before separating in 2010. They could divorce in California, but Czekala-Chatham says she shouldn’t be treated differently than straight couples. Melancon objected to the divorce but later agreed to a binding settlement splitting the couple’s property even though the divorce was denied.
“The unfair patchwork of state marriage laws presents unique legal challenges across the country as some states recognize marriages from other jurisdictions and some don’t,” Joshua Block, staff attorney for the ACLU’s Lesbian Gay Bisexual Transgender Project, said in a news release.
Article continues below“This case again shows the real and concrete harm caused by treating same-sex couples differently state by state and why we are supporting the right of all Mississippians to make important decisions about their relationships.”
In September, the state Supreme Court granted Gov. Phil Bryant’s request to file a brief in the case. The Republican governor is represented by Christian legal group Alliance Defending Freedom.
Bryant argues in part that Mississippi’s ban should be upheld because states should be allowed to make their own rules.
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