/State confronts two challenges to religious freedom law

State confronts two challenges to religious freedom law

The attorney general and governor demanded that Judge Carlton Reeves dismiss the May 10th motion by Campaign for Southern Equality. The claim is unfounded because it relies on both a case that has already closed and “hypothetical future event.” Attorney General Jim Hood also raised the question of standing as a response to the May 9 lawsuit by the American Civil Liberty Union. He argued that the claim was more of an “academic exercise than a valid lawsuit and that the ACLU had assembled “a litany speculative facts” to ask the court for a preliminary injunction preventing the law’s effective July 1. Hood replied that “This facial challenge is contingent on a number of hypothetical incidents that may never occur.” Both lawyers for the ACLU as well as the Campaign for Southern Equality stated that they anticipated the state’s response to their respective suits. Oliver Diaz, lead attorney for the ACLU lawsuit said that they had planned all of this and expected this to be one of their replies. Multiple requests for comment were not answered by either the governor or the attorney general. Gov. Gov. Phil Bryant signed House Bill 1503 last month. It protects three religious beliefs that the state considers important: one man and one wife are married; people shouldn’t have sex with anyone else; and that a person is born gendered. Anyone who refuses to provide services to transgender people, gays or lesbians is protected by the law. Josh Kaye, an attorney representing the Campaign for Southern Equality, stated that he was skeptical of the response from the governor or attorney general. Kaye stated that “we already had our day at court, and won.” “And that’s where it’s going down to.” The day in court was in 2014, when Judge Reeves ruled in Campaign for Southern Equality. Bryant. He struck down the Mississippi section that prohibited the marriage of same-sex couple. This ruling was later confirmed by the U.S Supreme Court in Obergefell V. Hodges. It allowed same-sex marriage to be legalized nationwide. The Fifth Circuit Court of Appeals subsequently closed the case. The Campaign for Southern Equality claims that House Bill 1523 is in violation of the earlier Reeves decision. This is because it allows Mississippi officials to withdraw from issuing marriage licenses for gay and lesbian couples. This relegates these couple to second-class status. Kaye stated that they are not bringing in a new case. “All we are doing is asking the judge for an amendment to the permanent injunction to reinstate the right that 1523 tried taking away.” The ACLU’s lawsuit goes in a different direction. They claim that the “religious liberty” law discriminates against its co-plaintiffs (an engaged gay couple), in violation of the Equal Protection clause under the Fourteenth Amendment. Both the ACLU’s and Campaign for Southern Equality’s attorneys said that they would respond to the state next week. Diaz expressed optimism that the judge will order a hearing before July 1st’s law takes effect. These aren’t the only cases Mississippi is currently fighting for the rights of sexual minority. On Thursday, Governor. Bryant joined an eleven-state lawsuit against the Obama administration’s directive that students choose a bathroom that is compatible with their gender identity. Diaz stated that it was absurd that Mississippi would waste resources on this. They have other issues to address.” You can support this work by making a regular donation to our Spring Member Drive. This will allow us to continue important work such as this story. 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