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Scalia-loving Tennessee judge: Straight couples can’t divorce if same-sex couples can marry

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A local judge in Tennessee has refused to grant a divorce to a straight married couple, citing the U.S. Supreme Court’s legalization of same-sex marriage as one reason he cannot let the man and woman untie the knot.

Hamilton County Chancellor Jeffrey Atherton denied the divorce petition last week, according to The Times Free Press, saying that the Supreme Court decision on same-sex marriage made it impossible for the state of Tennessee to determine what constitutes divorce.

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The Tennessee judge was apparently peeved that the Supreme Court’s decision in Obergefell v. Hodges had overturned the state’s Marriage Protection Amendment, which defined marriage as solely the union between a man and a woman. But he was apparently very fond of Justice Antonin Scalia’s dissent in that ruling.

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

“The majority’s opinion in Obergefell, regardless of its patronizing and condescending verbiage, is now the law of the land, accurately described by Justice Scalia as ‘a naked claim to legislative — indeed, super-legislative — power.'”

“The conclusion reached by this Court is that Tennesseans have been deemed by the U.S. Supreme Court to be incompetent to define and address such keystone/central institutions such as marriage, and, thereby, at minimum, contested divorces… [A]ccording to Justice Scalia, the majority opinion in Obergefell represents ‘social transformation without representation.'”

Atherton continued: “Although this Court has some vague familiarity with the government theories of democracy, republicanism, socialism, communism, fascism, theocracy, and even despotism, implementation of this apparently new ‘super-federal-judicial’ form of benign and benevolent government, termed ‘krytocracy’ by some and ‘judi-idiocracy’ by others, with its iron fist and limp wrist, represents quite a challenge for a state level trial court.”

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In denying the divorce, the judge also said the marriage between the couple — Thomas Bumgardner, 65, and his wife, Pamela, 61 — was not “irretrievably broken”

Atherton defended his decision Wednesday afternoon but refused to discuss it.

“I don’t want extraneous conversation,” he told The Times Free Press. “I’ll have to stick with the words of the order.”

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Atherton said he was hopeful that the couple would salvage their marriage.


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Ex-White House aide describes Trump’s abusive tantrums when he doesn’t get his way: ‘Not normal at all’

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Appearing on MSNBC on Sunday afternoon, former Donald Trump advisor Omarosa Manigault Newman backed up assertions in the book " A Very Stable Genius" that the president is prone to tantrums when he doesn't get his way and becomes abusive to staffers and cabinet members alike.

Speaking with host Alex Witt, Omarosa -- who wrote an insider's account of life in the White House after she was unceremoniously fired -- said there was little in the new book that surprised her.

Digging into her Oval Office days, the former adviser and longtime Trump associate described the president's "zero to 200" screaming jags when displeased.

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Ex-Bush aide admits GOP would have removed Obama if he did ‘one tenth of what Trump has done’

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A former strategist for former President George W. Bush accused Republican lawmakers of hypocrisy on Sunday for for failing to honestly consider the impeachment of President Donald Trump.

Matthew Dowd, a campaign strategist-turned-media-analyst, made the remarks in a tweet on Sunday.

"Deep in their hearts the Republicans in Congress know that if Obama had done one tenth of what President Trump has done they would have voted to impeach and convict him," Dowd wrote. "And Fox News would have been cheering them on. And Trump would have been pushing for it from the sidelines."

Deep in their hearts The republicans in Congress know that if Obama had done one tenth of what president trump has done they would have voted to impeach and convict him. And Fox News would have been cheering them on. And trump would have been pushing for it from the sidelines.

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‘Opportunistic’ Trump has an ulterior motive for hyping Virginia gun rally on MLK day: MSNBC guest

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During a panel discussion on MSNBC's "AM Joy," the Reverend Mark Thompson claimed that President Donald Trump is sending a message to his rabid base by hyping up a pro-gun rally in Virginia on Martin Luther King Day.

Addressing the rally to be held in Richmond, which has the entire state on edge and forced lawmakers to ban weapons at the event in the name of safety, Thompson told host Joy Reid it was accident that the president linked the rally to a day when Americans celebrate the life of the civil rights leader who was gunned down in 1968 in Memphis.

Asked about Trump's tweets about the rally, the reverend called them disgraceful.

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