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Woman Asks State of Mississippi to Recognize Divorce from Her Wife

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In yet another test of the country's post-DOMA landscape, a woman residing in Southaven, Mississippi is asking for recognition of her out-of-state marriage to her wife so that she can be granted a divorce. The AP reports that Lauren Beth Czekala-Chatham's marriage to Dana Ann Melancon was performed in California, but Mississippi, like 28 other states, has a constitutional ban on same-sex marriage.

ChathamCzekala-Chatham filed her divorce petition in DeSoto County Chancery Court on Sept. 11. Her lawyer, J. Wesley Hisaw, said a favorable ruling on the petition would not mean that same-sex couples could get married in Mississippi because that's banned under Mississippi statue.

"My client is not looking to start gay marriage in Mississippi. She wants the marriage from another state to be recognized so she can get a divorce and protect herself," Hisaw said.

Czekala-Chatham said in a telephone interview Friday that she has children from a prior relationship and is concerned that Melancon could contest her will and possibly get her kids' inheritance if they don't get divorced.

Czekala-Chatham is seeking the couple's house in Mississippi and alimony. Czekala-Chatham hopes Mississippi will recognize her marriage so she can get divorced even if the case goes all the way to the Mississippi Supreme Court.

"I don't know any other way out of it," she said.

[...]

Matt Steffey, a constitutional law professor at Mississippi College in Clinton, said Czekala-Chatham's case is a longshot.

"There's no right to terminate a gay marriage in Mississippi any more than there is a right to consummate one," Steffey said 

Mississippi is not the only state where the issue of gay divorce is being addressed. Last month, the Texas Supreme Court announced it would consider whether the state has jurisdiction over same-sex divorces. 

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Comments

  1. Gay marriage is a dream come true.

    Posted by: PS | Sep 29, 2013 7:40:30 PM


  2. "We got married in a fever hotter than a pepper sprout..."

    Posted by: Sargon Bighorn | Sep 29, 2013 8:27:17 PM


  3. I'm from DeSoto county, Mississippi. GOOD LUCK!

    @PS, just like straight marriage! My straight brother is on his third dream come true.

    Posted by: TampaZeke | Sep 29, 2013 8:42:55 PM


  4. Nice state flag!

    Posted by: Brian in Texas | Sep 29, 2013 9:45:06 PM


  5. Does Mississippi really have a Confederate flag in it's state flag? You lost...get over it. Good luck with getting anything out of that state.

    Posted by: JEFFYORK | Sep 29, 2013 10:12:46 PM


  6. why can't she just go to CA and get a divorce?

    Posted by: anon | Sep 29, 2013 10:31:29 PM


  7. Post DOMA marriage hell is more like it. Who gets sex toys?

    Posted by: PS | Sep 29, 2013 10:48:37 PM


  8. @PS, who got the sex toys when your wife left you?

    Posted by: TampaZeke | Sep 29, 2013 11:39:30 PM


  9. Divorce is something that ONLY exists in the courts. I think there's a strong argument for its recognition.

    Posted by: Cecilfirefox | Sep 30, 2013 1:04:41 AM


  10. It's her partner, not her wife.

    Posted by: adrenan p | Sep 30, 2013 4:21:19 AM


  11. "Woman Asks State of Mississippi to Recognize Divorce"

    Wrong.

    She wants the state to recognize her marriage, so she can be divorced. There is currently no divorce to recognize.

    The AP article says it: "Czekala-Chatham hopes Mississippi will recognize her marriage"

    Posted by: Randy | Sep 30, 2013 4:47:17 AM


  12. Back when divorce was difficult to obtain in many states, people went to Nevada to get one. Is that still an option? I think it's going to be unlikely that she gets an open minded judge in a Mississippi state court.

    Posted by: Houndentenor | Sep 30, 2013 8:42:16 AM


  13. @Houndentenor When that was the case most states did not yet recognize "no-fault" divorce; to my knowledge even Mississippi now allows couples to split without adjudicating blame... I would assume that legally she could go to any state that recognizes gay marriage and get a divorce easy; her argument is probably that traveling to do so would be unnecessarily burdensome.

    Posted by: Xanadu | Sep 30, 2013 5:14:45 PM


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