Tennessee judge denies straight couple divorce, citing gay marriage ruling

A Tennessee judge has denied a divorce petition because of the US supreme court decision allowing gay marriage, leaving a couple married against their wishes.

Hamilton County chancellor Jeffrey Atherton denied the couple’s divorce petition last week, claiming the national marriage equality ruling had marred Tennessee’s ability to determine what constitutes divorce.

Atherton’s reasoning to deny the petition was that the supreme court had not clarified “when a marriage is no longer a marriage”, the Times Free Press reported.

“With the US 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 US Supreme Court as to what is not a marriage, or better stated, when a marriage is no longer a marriage,” Atherton wrote in the order.

“The conclusion reached by this Court is that Tennesseans have been deemed by the US 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 and Pamela Bumgardner, were married in November 2002 and filed for divorce in September 2014, citing irreconcilable differences and inappropriate marital conduct, which Atherton said was never proved. Attorneys for the couple did not immediately respond to Guardian requests for comment.

The decision has not been received well in Tennessee, a state that has responded positively to the June ruling, said Regina Lambert, one of the attorneys who represented Tennessee plaintiffs in the supreme court case.

Lambert said Atherton was using the divorce case to express opinion of the ruling, which has nothing to do with divorce laws – except in that it allows same-sex couples to divorce.

“I think the chancellor was really making more of a statement of his personal feelings as opposed to having a legitimate concern over the divorce laws,” she told the Guardian. “It’s unnecessary grandstanding by the judge so he can express disapproval.”

Atherton’s decision comes as officials in other states have refused to obey the supreme court’s ruling. Kentucky county clerk Kim Davis came to international prominence this week for refusing to issue marriage licenses to same-sex couples. Davis heads to court today, where a federal judge could hold her in contempt for defying his order to issue the licenses.

“To go up against the supreme court fascinates me,” Lambert said, although she said Atherton’s denial of the divorce is in a “completely different context” than Davis’s case.

If they come up with new reasons for divorce, the Bumgardners can file again. Atherton told the Times Free Press he hopes they can reconcile.

“I just feel bad for the couple,” Lambert said.