The Texas Supreme Court recently said it will consider whether it has jurisdiction over same-sex divorce cases and scheduled oral arguments for Nov. 5. At least two same-sex couples have filed for divorce in the state, which does not permit gay marriage.
Matt Steffey, a constitutional law professor at Mississippi College in Clinton, said Czekala-Chatham’s case is a longshot.
“There’s no right to terminate a gay marriage in Mississippi any more than there is a right to consummate one,” Steffey said.
Steffey said a same-sex divorce case will probably make its way to the U.S. Supreme Court someday, but that could take awhile.
“This is a test case,” Steffey said. “At worst, it’s simply an exercise in futility. That said, all test cases look like an exercise in futility until they succeed.”
Czekala-Chatham’s divorce petition alleges adultery and habitual cruel and inhuman treatment.
The petition says that Melancon now lives in Osceola, Ark. She could not immediately be reached for comment Friday.