/Second defendant signs on to governor’s HB 1523 appeal

Second defendant signs on to governor’s HB 1523 appeal

John Davis, the executive director of Department of Human Services is the second of four defendants to file a motion of appeal with the Fifth Circuit Court of Appeals. Jim Hood, the state attorney general, and Judy Moulder (registrar of vital record) have not publicly stated whether they will appeal. The Department of Human Services did not respond to a request for comment. The governor’s office didn’t respond to a request for comment. The state attorney general represented all defendants at the June hearings before U.S District Judge Carlton Reeves. However, on Monday, Johnathan Mitchell, and D. John Sauer filed paperwork to represent Gov. Bryant was involved in the appeal. According to the governor’s bureau, Mitchell and Sauer are pro bono employees of the governor. An attorney from the Department of Human Services filed Davis’ appeal. Just minutes before the House Bill 1523 was due to go into effect at midnight on July 1, Judge Reeves rejected it. A week later, Gov. Bryant filed a notice of appeal to the Fifth Circuit Court of Appeals. Bryant also requested Judge Reeves to stay his ruling. This would allow the law’s effect to continue until the Fifth Circuit Court can decide. Some legal experts believe it unlikely that the court will grant Gov. Bryant requested a stay. “I don’t really see it. It’s not something I see. “Normally, when you think of a stay it tends to maintain the status quo,” Richard Gershon of the University of Mississippi, said. “Well, the law was not in effect and Judge Reeves stated clearly that it shouldn’t be put into effect. The status quo is that there is no 1523.” House Bill 15, which Gov. Bryant signed House Bill 1523 into law in April. It singles out three “sincerely held” religious beliefs that are worthy of protection. These include the belief that marriage is between one man, one woman and that no one should have sex with anyone other than such marriages. Anyone who rejects marriage-related services due to these beliefs would be protected from lawsuits. Opponents claim that this discriminates against gay, lesbian, and transgender people. Four lawsuits have been filed since then against House Bill 1523. In May, the American Civil Liberties Union filed a first injunction to prevent the law’s implementation on July 1. Reeves denied the request, saying that the plaintiffs had not proven they were in immediate danger. Judge Reeves then indicated that he would nullify the section of the bill that allowed clerks not to issue marriage licenses to identical-sex couples. Although the attorney general indicated that he would appeal the decision, it was not yet filed. Bryant and Davis appealed the decision, which invalidated all aspects of House Bill 1523. Barber v. Bryant III and Campaign for Southern Equality III were the two lawsuits that it addressed. They argued the law violated both the Establishment Clause and the Equal Protection Clause in the Fourteenth Amendment. These laws prohibit government from favoring one religion or one group of citizens above another. To support this important work, you can make a regular donation to our Spring Member Drive today. Our reporters give a human face to policy’s impact on everyday Mississippians by listening more closely and understanding their communities. To ensure that our work is aligned with the priorities and needs of Mississippians, we are listening to you. Click the button below to let us know what you think. Republish this Story You can republish our articles online or in print for free under a Creative Commons licence.