The Commercial Appeal

Hearing set for samesex marriage case

Constituti­onality of union to be weighed

- By Ron Maxey

A DeSoto County judge Tuesday set a Dec. 2 court date to hear arguments on the constituti­onality of the same-sex marriage of two women now seeking a divorce in Mississipp­i.

Chancellor Mitchell Lundy Jr. issued the date during an initial appearance by Lauren Czekala-Chatham of Hernando, who filed for divorce from Dana Ann Melancon of Osceola, Ark.

Czekala-Chatham, who married Melancon in San Francisco in 2008, says she isn’t trying to push Mississipp­i to allow same-sex marriages, but she wants her valid marriage in another state recognized so a divorce can be granted.

J. Wesley Hisaw, Czekala-Chatham’s Horn Lake attorney, said after Tuesday’s hearing that most property issues between the couple have been resolved outside of divorce proceeding­s, but that the bigger hurdle is get- ting the state to recognize the union before a legal divorce can be granted. He said the office of Mississipp­i Atty. Gen. Jim Hood would have to become involved.

Legal experts have said the case, believed to be the first of its kind in Mississipp­i, is uncharted legal territory but that it’s unlikely Mississipp­i is ready to accept the validity of a same-sex marriage. Hisaw contends the U.S. Supreme Court decision earlier this year overturnin­g provisions of the Defense of Marriage Act compels the state to do so.

G. Chadwick Reeves, a Memphis attorney representi­ng Melancon, said his client would be open to proceeding with attempts to obtain a divorce in Mississipp­i if a settlement can be reached on all property issues. Otherwise, he said he would push for the case to be dismissed on the grounds that Mississipp­i law doesn’t recognize the marriage.

Melancon, who Reeves said is trying to maintain a low profile, was not present Tuesday.

Another option, Reeves said, is for the couple to return to California for a divorce. He said state law there was amended “to address this exact situation.”

But Czekala- Chatham, who says a legal divorce is needed because of tax implicatio­ns and other issues arising from the DOMA decision, said she wants a divorce in Mississipp­i since that’s where she has lived for years.

Czekala-Chatham moved to DeSoto County in the 1990s with her husband at the time, who got a job at a Tunica casino. She has two sons, ages 15 and 18, from that marriage, and they accompanie­d her to court Tuesday.

“I don’t want to be treated like a secondclas­s citizen,” CzekalaCha­tham said of going to California. “This is where I live, and I want the divorce in Mississipp­i.”

 ??  ?? Teleflex quality engineer Don Fuller (right) describes the company’s quality control to local officials and guests touring the 627,000square-foot distributi­on center following a brief ribbon- cutting ceremony on Tuesday. STAN CARROLL THE COMMERCIAL...
Teleflex quality engineer Don Fuller (right) describes the company’s quality control to local officials and guests touring the 627,000square-foot distributi­on center following a brief ribbon- cutting ceremony on Tuesday. STAN CARROLL THE COMMERCIAL...

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