Skip to main content
Thursday, November 12, 2026Nov 12

Board reprimands judge who cited gay marriage ruling in refusal to grant divorce

Chancery Court Judge Jeff Atherton referenced the recent Supreme Court ruling on same-sex marriage in making his ruling in a divorce filing.
Chancery Court Judge Jeff Atherton referenced the recent Supreme Court ruling on same-sex marriage in making his ruling in a divorce filing. Chancery Court Judge Jeff Atherton referenced the recent Supreme Court ruling on same-sex marriage in making his ruling in a divorce filing.

The Hamilton County judge who refused to grant a Signal Mountain couple’s divorce petition because of the U.S. Supreme Court’s gay marriage decision has been publicly reprimanded by the Tennessee Board of Judicial Conduct.

When Chancellor Jeffrey Atherton ordered on Aug. 31, 2015, that Tennessee courts could not hear contested divorces because the Supreme Court ruling invalidated their jurisdiction, he violated two codes: compliance with the law and promoting confidence in the judiciary, according to the board.

photo Chancery Court Judge Jeff Atherton

He was one of three judges to be publicly reprimanded in 2015, according to the board, which filed the letter on Dec. 23.

Atherton, who was unavailable for comment Tuesday, made headlines in September over the divorce petition of Thomas and Pamela Bumgardner, a couple in their 60s who have no children together. Although Atherton listed many reasons in his refusal to grant the divorce, he raised several eyebrows with his comments on the Supreme Court, fresh off its landmark decision over the summer.

After penning the order, Atherton received notice of a complaint from the board’s Disciplinary Counsel, according to a news release. Months later, it’s still a mystery who lodged a complaint. Only the judge or the complainant can legally discuss it. And Atherton has never commented publicly on the motivations behind his order.