Tennessee judge won't give straight couple a divorce because of gay marriage

Says he'll wait for Supreme Court to decide when divorce should be granted

Judge Jeffrey Atherton said he must wait until the Supreme Court rules on what is not a marriage, or when a marriage is no longer a marriage, before he will give a local straight couple their divorce, The Washington Post reported.

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In his view, the Supreme Court ruling on gay marriage preempts state courts from addressing marriage and divorce cases altogether.

Now, Thomas and Pamela's Bumgardner's lives apart hang in the balance.

The couple married in November 2002 but now want to end their union, claiming straying allegiances and irreconcilable differences, The Washington Post reported.

Atherton heard four days of testimony from seven witnesses and 77 pieces of evidence but came back saying he would not grant the Bumgardners a divorce.

He believes, according to The Times Free Press, that the Supreme Court overreached when the high court legalized gay marriage.

The couple's attorneys have not commented on the matter.

Atherton's non-judgment came days after Kentucky clerk Kim Davis was jailed in contempt of court for refusing to issue same-sex marriage licenses. 

On Friday, despite her refusal, gay couples were able to obtain the permission to marry from Davis' deputy clerks.

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