It an epic act of defiance, one Tennessee judge has refused a couples request for divorce citing that he is unsure where the Supreme Court of the United States stands on the matter.
Highlighting the fact the SCOTUS redefined marriage while failing to redefine divorce, Hamilton County Chancellor Jeffrey Altherton is sparking controversy with his ruling.
With the U.S. Supreme Court having defined what must be recognized as a marriage, it would appear that Tennessees judiciary must now await the decision of the U.S. Supreme Court as to what is not a marriage. Altherton stated.
The premise here was simple: When SCOTUS made itself the arbitrator of what constitutes a marriage, it also made itself the defacto arbitrator of what does not constitute a marriage.
And thus Thomas and Pamela Bumgardner will have to remain unhappily married with irreconcilable differences, to boot until this quandary, as Judge Altherton referred to it, is fully resolved.
The judge made a compelling point in his ruling. Marriage and divorce are two sides to the same coin, which is why a ruling on divorce really isnt possible without a comprehensive definition of both (H/T The Washington Times).
Though the judges clever ruling will unlikely to hold up in court, the irony he was attempting to point out was SCOTUSs decision to cherry-pick social issues and law that they believed needed to be addressed while leaving other issues on the table.
As the Conservative Tribune has pointed out, the recent ruling on marriage should never have been made by a federal court in the first place. With his ruling Judge Altherton was pointing out the same. Naturally, since the SCOTUS decided it was within their right to redefine marriage as a whole, the responsibility would rest on them to redefine divorce as it pertains to the matter.
Well played Judge Altherton… Well played.