On Friday, a new lawsuit was filed in federal court against House Bill 1523. It claims that the law violates the Establishment and Free Speech provisions of the First Amendment and Equal Protection Clauses of the Fourteenth Amendment. This suit, unlike the two previous challenges to the state’s “religious freedom” law, includes heterosexual and transgender plaintiffs as well as the gay and lesbian couples who are traditionally at the heart of the fight. Rob McDuff, cocounsel for the Mississippi Center for Justice, stated that “it’s just a lot people disagree with this bill,” and added, “It’s just because a lot of people disagree with it, many more than I think anybody realizes.” “They are all united in their strong disagreement against the narrow religious views that were endorsed and promoted by this bill,” said Rob McDuff, co-counsel with the Mississippi Center for Justice. Phil Bryant signed House Bill 1523 in April. It singles out three religious beliefs that are worthy of protection. These beliefs include that marriage is between one man, one woman and that people shouldn’t have sex outside of marriages and that gender is determined at birth. Anyone who rejects the services of gays, lesbians or transgender people because they believe in these beliefs is protected from lawsuit. These three religious beliefs are the core of this new challenge. It centers around the Establishment Clause to the First Amendment. “[T]he Legislature & Governor violated the separation of state and church, and specifically supported certain narrow religious beliefs that condemned same-sex couples who are married, condemned unmarried persons who have sexual relations, or condemned transgender people. H.B. The lawsuit claims that H.B. 1523 is in violation of the First and Fourteenth Amendments of the United States Constitution. The lawsuit names four defendants, the governor, Attorney General Jim Hood and Richard Berry. Judy Moulder, the State Registrar of Vital Records is also named. Moulder was also named as a defendant in the American Civil Liberties Union’s May lawsuit. The governor and attorney general were also named in the Campaign for Southern Equality’s second suit. The office of the Attorney General declined to comment. All other defendants did not respond to requests for comment. McDuff has named four defendants in his strategy to attack House Bill 1523 from every angle, much like 13 plaintiffs. McDuff stated that it is a broad challenge to 1523 in its entirety. The lawsuit shares an attorney with another lawsuit. Rob McDuff serves as co-counsel in the Campaign for Southern Equality’s lawsuit. Roberta Kaplan was the lead attorney in the case. Oliver Diaz, the lead attorney for ACLU, stated that he believes these overlaps only reinforce the case against the “religious liberty” law. It’s not confusing to me at all. I believe that 1523 has caused injuries to many people, and there are many types. Diaz stated that our complaint was not unique. “And I believe when a court notices how many people are being hurt by 1523, it adds support to the argument for enjoining the law from ever coming into effect,” Diaz and McDuff said. However, McDuff also stated that the filing increases the possibility that these lawsuits would be consolidated in any form. Many lawsuits that are filed simultaneously and target the same defendants, are combined into one suit or assigned the same judge. In the end, more than 200 lawsuits were consolidated by the Deepwater Horizion litigation. Diaz stated that it is rare to have multiple lawsuits on the same issue, but that when it does occur it’s not uncommon for those cases to be consolidated. McDuff said that consolidation could help speed up the response of the judge. As in the ACLU’s suit, Friday’s plaintiffs are seeking an injunction to stop the law’s implementation on July 1. McDuff stated that speed is crucial to getting the desired result. McDuff stated that they would try to get their case on an expedited timeline so that it can be presented before July 1. to any judge hearing the case. McDuff stated that he expects to see more House Bill 1523 challenges after July 1. Friday’s plaintiffs include an engaged gay man and a married lesbian couple. McDuff also stated that he expected to see many more challenges to House Bill 1523 after July 1. According to the complaint, each plaintiff believes that the state violated their beliefs by protecting the three mentioned beliefs. McDuff stated that “it’s such an odd bill, especially because the effort to endorse some beliefs that actually demonize others,” McDuff added, noting that this bill does not only target gay and lesbian couples but also premarital sex. “I would be interested to know how many legislators voted for this bill having had sex relationships outside of marriage.” It seems absurd to me that people could be so hypocritical and endorse religious beliefs that condemn so many people.” To support this work, you can make a recurring donation today to celebrate our Spring Member Drive. This will allow us to continue important work such as this one. 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