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One hundred years after women gained suffrage 2 —and with a growing of women in the workforce, holding elected office, and running for president—the time for a constitutional amendment explicitly guaranteeing equal rights regardless of sex is long overdue. Constitution could not be fully realized without an explicit, meaningful commitment to equality regardless of sex. Now, as women and people across the gender spectrum increasingly face mounting attacks on their rights and autonomy, the current push for the ERA is a continued reminder that empty rhetoric and half-measures claiming to support and empower them are entirely inadequate. In particular, many women of color were further constrained by the compounding effects of entrenched racial, ethnic, and gender biases, reinforcing a societal hierarchy where they had diminished status when compared with white women.

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He was ordered to provide his wife, Cynthia Crenshaw, separate maintenance and also to pay some of her legal fees. On appeal he argues that he provided sufficient proof to support a divorce based on cruel and inhuman treatment, and that separate maintenance was not justified because his wife was not free of fault. We find no error and affirm. Thomas and Cynthia Crenshaw were married on February 27, They began their marriage with few material assets.

The equal rights amendment: what you need to know

During the course of the marriage, Mr. Crenshaw worked at a of jobs, including positions with finance companies and grocery stores. He also served for a time on active duty in the U. The couple had one child together, Lillian Rachel Crenshaw, born November 3, Crenshaw has two children from marriages, Jessica Stanford and Ryan Goss, who also live in the marital home.

At the time this case was brought, Mrs. Crenshaw worked part-time in her own house cleaning business and home schooled her children. The Crenshaws began to have problems in their marriage in the fall of Crenshaw testified that when he was commuting to a job in Memphis and going to school, he would sometimes come home to find no food prepared and his clothes not laundered and ironed for the following day. Crenshaw said that her husband came home after she and the children were already asleep, and that food was always in the refrigerator and his clothes usually were ready for the next day.

Crenshaw said that his wife sometimes would be unavailable for marital relations for as much as a month at a time, while she testified that normally no more than two weeks passed without the couple engaging in sex. Crenshaw said that her husband was often sullen or argumentative with her and the children and that he suffered from episodes of depression.

He claimed that the depression and trouble sleeping resulted from the couple's marital difficulties.

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In the late fall ofMr. Crenshaw began some sort of relationship with an unmarried woman named Tina Hentz. On December 20,he left the marital home and refused to return. He filed for divorce on the grounds of habitual cruel and inhuman treatment on February 23, At trial in Julywhen asked whether the nature of their relationship was sexual, both Mr. Crenshaw and Tina Hentz invoked the Fifth Amendment and refused to answer.

At trial Mrs. Crenshaw testified that she did not want a divorce and that she wanted her husband to come home and their marital relationship. After a half-day trial, the chancellor refused to grant a divorce. On August 9,he entered a decree ordering Mr. The father was allowed reasonable visitation.

Crenshaw asserts that he proved his wife's habitual cruel and inhuman treatment of him. The chancellor found that the evidence did not support the claim.

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Findings of the chancery court on contested facts require that decisions be made regarding credibility and weight of evidence. We will uphold the findings if substantial evidence supports them and there is no manifest error. Brooks v. Brooks, So. The conduct must either 1 endanger life, limb, or health, or create a reasonable apprehension of such danger, rendering the relationship unsafe for the party seeking relief, or 2 be so unnatural and infamous as to make the marriage revolting to the non-offending spouse and render it impossible for that spouse to discharge the duties of marriage, thus destroying any basis for its continuance.

Daigle v. Daigle, So. Smith, So. Richard v.

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Richard, So. From the testimony of the seven witnesses at trial, we can accept that the last few months that the couple lived together were unpleasant. Crenshaw testified that she and the children rarely saw her husband, and when they did, he was surly and uncommunicative. We have discussed the evidence already, which reveals friction, unhappiness, and general disagreements regarding meals and clothes. As to the possible refusal of sexual relations, such refusal was for at most a month.

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The supreme court has found that four months without sexual relations does not constitute cruelty:. We think on this ground, certainly to make out a case, the facts should present an inexcusable and long-continued refusal to permit coition, and that the case should be, at all events, a clearly extreme one. The chancellor correctly found that grounds for divorce based on habitual cruel and inhuman treatment were not proven. Habitual cruel and inhuman treatment is not the catch-all category to permit a divorce when a marriage is suffering difficulties. Absent an agreement by the spouses that would permit an irreconcilable differences divorce, neither party is entitled to be granted a divorce without providing the proof necessary to support the grounds that are alleged.

See Potts v. Potts, So. Therefore, the chancellor's denial of a divorce on grounds of habitual cruel and inhuman treatment was manifestly not in error. The chancellor awarded Mrs. Crenshaw separate maintenance. Kennedy, So. Lynch, So. Crenshaw argues that his wife should not receive separate maintenance because she is not without fault in their separation. If this means that she fell short of perfection, that is true of us all.

If it means that she was guilty of extreme or cruel behavior toward her husband, we have already agreed with the chancellor that the evidence of that was absent.

Crenshaw v. crenshaw

Crenshaw testified that she was willing for her husband to return home, and that she loved him despite his possible affair with another woman. We find no evidence in the record that Cynthia Crenshaw's conduct materially contributed to the separation and affirm the chancellor's award of separate maintenance.

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Even if separate maintenance was proper, Mr. Crenshaw alleges that the amount was excessive. See Williams v.

Thomas glen crenshaw v. cynthia sanders stanford goss crenshaw

Williams, So. Those and other considerations were established in a precedent and have been repeated in many supreme court opinions:. Brabham v. Brabham, Miss. Brendel, So. The chancellor stated that he evaluated these factors in light of the parties' financial statements in making his decision.

The equal rights amendment: what you need to know

The chancellor determined that Mrs. However, the chancellor found that Mr. The chancellor looked at earning ability and not just at Mr. Crenshaw's current earnings. The chancellor found that Mrs. The effect was to require Mr. Crenshaw to get a better-paying job closer to what he had been making before, while Mrs. Crenshaw was going to have to engage in some economies. We do not endorse the chancellor's formula for calculating separate maintenance as a general proposition, but it appears equitable in this specific situation.

The chancellor also required Mr. He found that she had no ability to pay the attorney except through the separate maintenance that she would be receiving. We find no abuse of the chancellor's discretion.

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Explore Resources For Practice Management. Legal Technology. Corporate Counsel. Begin typing to search, use arrow keys to navigate, use enter to select. Reset A A Font size: Print. Court of Appeals of Mississippi. David L. Walker, Batesville, Attorney for Appellant.

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John Thomas Lamar, Jr. Habitual cruel and inhuman treatment may be established in the following manner: only by a continuing course of conduct on the part of the offending spouse which was so unkind, unfeeling or brutal as to endanger, or put one in reasonable apprehension of danger to life, limb or health, and further, that such course of conduct must be habitual, that is, done so often, or continued so long that it may reasonably be said a permanent condition. Wilson v. Wilson, So.

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