JACKSON, Miss. — Two Mississippi Supreme Court justices said Thursday that the court should find the state’s ban on same-sex marriage unconstitutional and not wait for a ruling from the U.S. Supreme Court.
Their 26-page statement, written by Justice Leslie D. King and joined by Justice James Kitchens, was attached to an order by a six-member court majority.
The order seeks more briefs on the question of whether a same-sex couple legally married in another jurisdiction can get a divorce in Mississippi.
Justice David Chandler objected to more briefs, saying there is no need to delay a ruling that the divorce cannot be granted under Mississippi’s constitution.
King agreed there should be no delay, but he and Kitchens said the same-sex marriage ban should be struck down and the divorce should proceed.
In January, the Mississippi Supreme Court heard arguments in the case of Lauren Czekala-Chatham, who is seeking a divorce from Dana Ann Melancon. They were married in California in 2008.
Article continues belowThe state says the divorce cannot be granted because the Mississippi Constitution forbids the performance of same-sex marriage in the state and forbids recognition of same-sex marriages legally performed elsewhere.
Two lesbian couples filed a federal lawsuit last year challenging Mississippi’s ban on gay marriage. U.S. District Judge Carlton Reeves ruled in November that the state’s ban is unconstitutional, but he ordered that same-sex marriages not be performed while the state seeks to overturn ruling.
The 5th U.S. Circuit Court of Appeals in New Orleans heard arguments in early January in that case, and on bans in Louisiana and Texas, but has not ruled.