A local judge in Tennessee has refused to grant divorce to a straight couple, saying that the recent Supreme Court ruling on gay marriage has made it impossible for him to do that.
According to The Times Free Press, Hamilton County Chancellor Jeffrey Atherton last week denied the divorce petition of Thomas Bumgardner, 65, and his wife, Pamela, 61, saying that the Supreme Court’s redefinition of marriage has made it impossible for the state to define what constitutes a divorce.
‘With the U.S. Supreme Court having defined what must be recognized as a marriage, it would appear that Tennessee’s judiciary must now await the decision of the U.S. Supreme Court as to what is not a marriage, or better stated, when a marriage is no longer a marriage,’ Atherton said in his ruling.
He continued, ‘The majority’s opinion in Obergefell, regardless of its patronizing and condescending verbiage, is now the law of the land, accurately described by [dissenter] Justice Scalia as “a naked claim to legislative — indeed, super-legislative — power.”‘
‘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…’ he went on. ‘[A]ccording to Justice Scalia, the majority opinion in Obergefell represents “social transformation without representation.”’
‘Although this Court has some vague familiarity with the government theories of democracy, republicanism, socialism, communism, fascism, theocracy, and even despotism, implementation of this apparently new “super-federal-judicial” form of benign and benevolent government, termed “krytocracy” by some and “judi-idiocracy” by others, with its iron fist and limp wrist, represents quite a challenge for a state level trial court,’ he added.
Now with this funny and reasonable ruling, Thomas and Pamela, if they’re still intent on divorcing, will now have to refile their divorce citing another reason, since their original – and popular – ‘irreconcilable differences’ has been rejected.
Something Atherton hopes will not happen.
‘Hopefully, they can reconcile,’ he said on Wednesday.