Judge declines divorce case, citing gay marriage ruling

[DonViejo]

Source: Chattanooga Times Free Press

September 3rd, 2015 by Kendi Anderso and Zack Peterson

Tennessee County Chancery Judge Jeffrey Atherton

A local judge contends the U.S. Supreme Court decision on same-sex marriage has derailed Tennessee's ability to determine what constitutes divorce — leaving one Signal Mountain couple married against their will.

Hamilton County Chancellor Jeffrey Atherton denied the divorce petition last week after hearing from seven witnesses and going through 77 exhibits. Among several reasons he cited in rejecting the couple's divorce, one was the Supreme Court's June ruling. Atherton said the Supreme Court must clarify "when a marriage is no longer a marriage." Otherwise, he contended, state courts are impaired from addressing marriage and divorce litigation altogether.

"The conclusion reached by this Court is that Tennesseans have been deemed by the U.S. Supreme Court to be incompetent to define and address such keystone/central institutions such as marriage, and, thereby, at minimum, contested divorces," Atherton wrote.

The couple — Thomas Bumgardner, 65, and his wife, Pamela, 61 — were married in November 2002, records show. They had no children together and filed for divorce in September 2014, citing irreconcilable differences. After four days of testimony, Atherton decided their marriage was not "irretrievably broken," and said it could be salvaged.

-snip-

Read more: http://www.timesfreepress.com/news/local/story/2015/sep/03/judge-declines-divorce-case-citing-gay-marria/323201/

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Document: Chancellor Atherton's full order:

http://media-cdn.timesfreepress.com//news/documents/2015/09/03/orderdismissingcomplaintcountercomplaint915036392.pdf

[Fred Sanders]

1. Judicial blabbering by another Fundie in a high place. A marriage is the same as it ever was, just

more folks get it experience it's unending bliss...judge.

Gay marriage has truly sent all the Fundies into logical pretzels....denying the nation is a secular state is what is causing all the contortions.

Rule of law over rule of any God.

So it is written.

[randys1]

3. THink of the fact he has ruled over peoples lives for years.

Personally anyone who believes in invisible people in the sky would be reason enough for me to not want them in a professional position ever.

I know many good people are but it scares me.

[Fred Sanders]

5. There is a real time updating diary on Daily Kos that examines the daily workings of the racist

judicial system at the grassroots level in Tennessee, I think, it was, with a great sense of humour and literary flourish. It is remarkable witch's brew of stupidity and bigotry...I will try to find the link.

[Person 2713]

6. Yes I would like to see the link if you have time

These people are insane and in charge.

[Fred Sanders]

13. Found it...it is chilling, fair warning:

http://www.democraticunderground.com/?com=view_post&forum=1016&pid=130776

[Person 2713]

14. Thanks I am on my way to a meeting . Will read it although I am sur it is scary

[randys1]

2. NEeds to lose his seat immediately

[jtuck004]

4. You could grant it based on your state requirements which could then be tested by the superior

court.

Or, you could have a tantrum.

[dixiegrrrrl]

15. Can people still get divorced in a different state than the one they live in?

If they can get married in a different state ( Nevada comes to mind)
why not go get divorced somewhere else?

[Ms. Toad]

16. Divorce often requires a period of residency before a divorce will be granted.

Marriage typically does not.

Another pre-Obergefell factoid: Because my state did not recognize my marriage, if we actually wanted to go our separate ways one of us would have had to move to another state and establish that recognized our marriage in order to divorce (you can't end what you insist does not exist). So we were actually more married than our mixed gender couple friends expressly because the state refused to recognize our marriage.

[jtuck004]

18. Yeah, I was thinking that was probably a solution as well. But they do need the right

in their own state.

But the state might be able to mess with property they hold there, something. Hard to tell with these believer types.

[HassleCat]

7. What a dork!

First he decides the case, then says he can't decide the case. Do the fundies have a special Stupid Bible? Something is sucking out their brains.

[eggplant]

9. I believe the more corect term is "asshole". n/t

[Rob H.]

8. Political posturing by a wingnut judge

Likely he's pissed at the SCOTUS same-sex marriage ruling, surprise, surprise. "...Tennesseans have been deemed by the U.S. Supreme Court to be incompetent to define and address such keystone/central institutions such as marriage...." refers to a Constitional amendment to ban same-sex marriage that was approved by TN voters in 2006. (I was living there at the time and was among the 19% who voted against it.)

Regardless of his reasoning, he should be ashamed of using this couple's divorce as a political football.

[displacedtexan]

10. SSDD

His ilk pulled the same stunts when they had to recognize mixed race marriages, too. Their crap is really stale, and they're too damned dumb to know it.

Truly heavy sigh.

[V0ltairesGh0st]

11. sigh.....

The madness never ends. I was having a good feeling about what happened in kentucky today and now this... in the same damn day.

[gcomeau]

12. Nothing but a juvenile temper tantrum.

"Oh yeah! Well if we can't say for ourselves what a marriage is I guess we're too stoooopid to tell what a divorce is too... so the Supreme court will have to do it for us... duhhhh..."


Should be removed from the bench for taking his personal ideological frustrations out on innocent people who walk into his courtroom.

[gvstn]

17. This stuff is getting ridiculous.

The U.S. is already starting to look like a third world country like Uganda or Putin's Russia.
There is no way that the US can deny gay marriages when at least 16 Western countries recognize them. I am not sure what the end game is with these religious people, but they have to see that the writing is on the wall. The SCOTUS did. The US can't pretend gay marriage doesn't exist no matter how hard the fundies want to, a marriage certificate is recognized as a marriage certificate in any ("civilized&quot country.

[Elmer S. E. Dump]

19. Don't let any one get divorced and see the domestic violence and murder rates rise.

Hey dumb fuck - the divorce rules HAVE NOT changed. The ONLY change in the marriage rules is that 2 people of the same sex can now go through the normal process of getting married, like every one else has a right to.

Moron, your frontal-lobotomy is showing...

[yellowcanine]

20. I have contempt for that judge. Do I have to go to jail?