Obergefell, the MSSC, and Marbury v. Madison
December 1, 2015 § 2 Comments
As previously noted, the MSSC simply dismissed the appeal in the Czekala-Chatham v. State case, rather than address the merits. Two justices would have voted, in essence, to reverse Obergefell because, in their view, it was wrong, and they wrote what amounted to dissenting opinions.
Philip Thomas explains why the dissenters are swimming against the tide of legal history.
There are Chancellors who apparently think the Mississippi Supreme Court’s decision does not authorize them to enter same sex divorces. They also apparently don’t think Obergefell dictates that they enter same sex divorces. It is very disconcerting.
I’ve read the decision. I think it’s categorical. If there is any doubt about its meaning, I don’t see it.