JACKSON, Miss. (CBS SF/AP) — The Mississippi Supreme Court will hear arguments Jan. 21 from a woman who wants the state to recognize her same-sex marriage in order to grant a divorce.

In 2013, DeSoto County Chancery Judge Mitchell Lundy Jr. ruled that the Mississippi Constitution and statutes prevented him from granting a divorce to Lauren Czekala-Chatham and Dana Ann Melancon.

They married in San Francisco in 2008 and bought a house in Mississippi before separating in 2010. They could divorce in California, but Czekala-Chatham says they shouldn’t be treated differently than straight couples.

They have agreed on a division of property.

Czekala-Chatham is pressing ahead with the legal challenge of Mississippi’s stance on same-sex marriage, hoping to set a precedent for same-sex couples whose parting might be less amicable.

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