Two Mississippi Supreme Court justices say the court should find the state's ban on same-sex marriage unconstitutional and not wait for a gay marriage ruling from the U.S. Supreme Court.
Thursday's 26-page statement, written by Justice Leslie D. King and joined by Justice James Kitchens, was attached to an order by a six-member court majority.
The order seeks more briefs on the question of whether a same-sex couple legally married in another jurisdiction can get a divorce in Mississippi.
Justice David Chandler objected to more briefs, saying there is no need to delay a ruling that the divorce cannot be granted under Mississippi's constitution.
King agreed there should be no delay, but he and Kitchens said the same-sex marriage ban should be struck down and the divorce should proceed.