Mississippi justices say gay marriage ban should be declared unconstitutional

The week before the Mississippi hearing about the divorce case, the U.S. Supreme Court agreed to hear arguments about the legality of gay marriage, based on cases from Kentucky, Michigan, Ohio and Tennessee. Several justices on the Mississippi court asked whether a stay would be appropriate to see how the U.S. court ruled.

Thursday’s order states that both sides in the case have agreed that a delay in the case would be appropriate until the U.S. Supreme Court rules.

But Chandler said the order for more briefs causes a delay that “wastes Czekala-Chatham’s resources as well as the resources of the State of Mississippi.” In his one-page objection, he cited the state constitution and statutes in saying the divorce plainly cannot be granted.

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“I do not claim to read the collective mind of this Court and its reasoning in requiring this supplemental briefing,” King wrote. “But I can discern only one benefit accruing to this Court from this supplemental briefing. That benefit is pushing the responsibility for deciding a sensitive and highly emotional issue to the United States Supreme Court.”

While Chandler concentrated on the state constitution, King’s statement dealt with provisions of the U.S. Constitution. He said the bans on gay marriage and the recognition of such marriages “clearly violate the Equal Protection Clause of the Fourteenth Amendment, and this Court should not hesitate to find them unconstitutional.”

The documents are here →