/US Supreme Court will let ‘religious freedom law,’ HB 1523, stand

US Supreme Court will let ‘religious freedom law,’ HB 1523, stand

The United States Supreme Court refused to hear an appeal on Monday. Instead, it upheld the Fifth Circuit Court of Appeals’ decision, which held that the original plaintiffs had no standing to challenge the law. Monday’s decision was disappointing for many transgender, gay and lesbian advocates who have been arguing for almost two years that the law discriminates against certain minorities. “Unfortunately, Court passed on the chance to answer a critical query about who has access justice in this country, and how much suffering our most vulnerable must experience before they can seek recourse to the courts,” Beth Orlansky (advocacy director for the Mississippi Center for Justice), said in a statement. She was a plaintiff in the case. “But, we will continue our fight against HB1523 on behalf LGBT Mississippians, and all those in our state impacted with this draconian bill,” said Beth Orlansky, advocacy director for the Mississippi Center for Justice. She stated that Monday’s decision was an affirmation by religious rights. Kevin Theriot, a senior lawyer for the conservative Alliance Defending Freedom who helped to draft the legislation and later represented Governor Phil Bryant, said that “good laws like Mississippi’s protect liberty and harm no one.” Phil Bryant appealed pro bono. “The 5th Circuit found that the law’s opponents have not been damaged and therefore cannot be overturned. We are happy that the Supreme Court refused to hear these unfounded challenges. They misrepresented the law’s sole purpose of protecting Mississippians from losing their jobs or businesses because it affirms marriage as a husband-wife relationship. Phil Bryant, who was a vocal supporter of the law and was the defendant in two cases challenging it before the Fifth Circuit. He reissued Monday a statement that expressed his support for law. “This law was democratically passed and is fully constitutional, as I have stated from the beginning. Bryant stated Monday that the people of Mississippi have the right ensure that everyone in Mississippi is free to live and work peacefully without fear for their religious beliefs. House Bill 1523 protects three “sincerely held” religious beliefs: one man and one lady should be married; people shouldn’t have sex with others; and a person’s gender can only be determined at birth. Gov. Phil Bryant signed into law the bill on April 5, 2016. Protests erupted almost immediately within the state as well as nationwide. Heads of national companies, including some located in Mississippi, issued blistering condemnations against the law and the state’s support. Nearly two years later, the repercussions of this law are still being felt. Because of New York’s ban against non-essential travel, Stony Brook University, a New York public university, cancelled a three game baseball series at University of Southern Mississippi last week. New York Governor Andrew Cuomo enacted the law in New York on the same day Bryant signed House Bill 1503. Soon, several other states and municipalities followed their lead. The Fifth Circuit did not rule on the merits of the case unlike the federal court ruling they overturned. Plaintiffs had successfully argued that House Bill1523 was unconstitutional. It violated both the First Amendment’s Establishment Clause as well as the Fourteenth Amendment’s Equal Protection Clause. In June, however, a panel of three judges from the Fifth Circuit ruled unanimously that plaintiffs didn’t have standing to file the case. They couldn’t prove that they were harmed by a law yet to go into effect. Campaign for Southern Equality IV and Barber v. Bryant were both challenges to the law. This was an attempt to prevent the law from ever becoming effective, according to plaintiffs’ attorneys. The Supreme Court’s refusal to consider the narrow question of standing is not an endorsement for HB 1523. This law, which favors religious beliefs of people who discriminate over those who do not, is unfairly and unconstitutional. Rob McDuff, lead attorney in Barber v. Bryant, said that the law. House Bill 1523 is still being challenged by LGBT advocates and others who seek to challenge it. U.S. District Judge Carlton Reeves issued the June 2016 decision declaring that the bill was unconstitutional. He lifted the suspension on Mississippi’s case for gay marriage, Campaign for Southern Equality I v. Bryant. House Bill 1523, among its provisions, would allow county clerks who have sincerely held religious objections against gay marriage to withdraw from issuing marriage licenses for gay couples. Robbie Kaplan is the lead attorney in both Campaign for Southern Equality lawsuits. She argues that this recusal could prevent gay Mississippians from equal access to marriage, violating both Reeves’ ruling and the Supreme Court 2015 decision which legalized gay marriage across the country. Other lawsuits challenging the law’s merits are possible now that it has been implemented. Kaplan stated, “Rest assured that the United States Supreme Court will continue to fight the harmful law on its merits to protect our nation’s constitutional values as well as the LGBT citizens in Mississippi.” The House Bill 1523 case is not being heard by the U.S. Supreme Court. However, the court is currently considering a similar issue between LGBT rights and religious freedoms in the Colorado cake-baker case. The case concerns a baker who refused to bake a wedding cake for gay couples, citing religious freedom. The case is different than those in Mississippi, however, because Colorado has an anti-discrimination law which prohibits businesses from discriminating against customers based on race, religion or sexual orientation. The state had previously sanctioned the baker and he is now calling Colorado’s law unconstitutional. After hearing arguments in December, the Supreme Court will issue a decision in this case before June’s end. To support this important work, you can make a regular donation to the 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