Mississippi House Bill 1523 (H.B. 1523), also called the Religious Liberty Accommodations Act or Protecting Freedom of Conscience from Government Discrimination Act, is 2016 state legislation passed in direct response to federal rulings in support of same-sex marriage.
MS H.B. 1523 provides protections for persons, religious organizations, and private associations who choose to provide or withhold services discriminatorily in accordance to the three "deeply held religious beliefs or moral convictions" which are specifically outlined in the bill.
[MS HB 1523, Mississippi State Legislature, 2016.] These protected beliefs are 1) that marriage is and should be an exclusively heterosexual union, 2) sex should not occur outside of marriage, and 3) that biologically-assigned sex is objective and immutably linked to gender.
[ Gunn, Philip; Arnold, William Tracy; Bounds, C. Scott; Carpenter, Lester; Gipson, J. Andrew; Shirley, William; Boyd, Randy P.; Eubanks, Dan]
House Bill 1523: Protecting Freedom of Conscience from Government Discrimination Act
. ''Mississippi House of Representatives
The Mississippi House of Representatives is the lower house of the Mississippi Legislature, the lawmaking body of the U.S. state of Mississippi. According to the state constitution of 1890, it is to comprise no more than 122 members elected fo ...
''. State of Mississippi
Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Mississ ...
. April 5, 2016. Accessed on April 6, 2016.
MS H.B. 1523 protects organizations, companies, and individuals that use any of the aforementioned "deeply held religious beliefs or moral convictions" to justify the choice to deny or offer several different types of services. Individual and organizational decisions that are protected under MS H.B. 1523 include—but are not limited to—issuing marriage licenses, granting adoptions, hiring practices (including state employees), healthcare coverage, housing agreements, as well as specific medical services (including
sex reassignment surgery
Gender-affirming surgery (GAS) is a surgical procedure, or series of procedures, that alters a transgender or transsexual person's physical appearance and sexual characteristics to resemble those associated with their identified gender, and alle ...
or
conversion therapy
Conversion therapy is the pseudoscientific practice of attempting to change an individual's sexual orientation, gender identity, or gender expression to align with heterosexual and cisgender norms. In contrast to evidence-based medicine and cli ...
).
After being passed through Mississippi legislature, H.B. 1523 was originally intended to come into effect on July 1, 2016; however, U.S. District Judge
Carlton W. Reeves issued a preliminary injunction blocking the law on June 30. Three days before, he had issued a permanent injunction requiring government officials to issue marriage licenses to same-sex couples regardless of the officials' religious beliefs. On June 23, 2017, the
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts:
* Eastern District of Louisiana
* M ...
reversed Reeves' district court decision, holding that the plaintiffs in the lawsuit lacked
standing
Standing, also referred to as orthostasis, is a position in which the body is held in an ''erect'' ("orthostatic") position and supported only by the feet. Although seemingly static, the body rocks slightly back and forth from the ankle in the s ...
to bring the lawsuit. The Fifth Circuit accordingly lifted the injunctions, allowing the law to go into effect. The
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
declined to hear the case.
Background
On June 26, 2015, the U.S. Supreme Court ruled in ''
Obergefell v. Hodges
''Obergefell v. Hodges'', ( ), is a landmark LGBT rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection ...
'' that the denial of marriage rights to same-sex couples is unconstitutional. This decision legalized
same-sex marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...
throughout the U.S. (including in Mississippi) and found that the right to marry is a fundamental right within the U.S. and cannot legally be denied to same-sex couples.
On March 31, 2016, U.S. District Judge
Daniel Porter Jordan III
Daniel Porter Jordan III (born November 20, 1964) is the Chief United States district judge of the United States District Court for the Southern District of Mississippi.
Education and career
Born in Fort Bragg, North Carolina, Jordan received a ...
issued a preliminary injunction striking down the
Mississippi's ban on adoption privilege for same-sex couples which had been in effect since 2000, declaring it unconstitutional.
In the aftermath of these federal rulings, House Bill 1523 was introduced. Mississippi legislators created a bill establishing state-specific exemptions to these federal decisions, namely protection for individuals, organizations, and institutions who choose to deny service to LGBT individuals based on religious beliefs. Republican State Senator
Jenifer Branning
Jenifer Burrage Branning (born March 13, 1979) is an American lawyer and politician. She serves as a Republican member of the Mississippi State Senate.
Early life
Jenifer Branning was born on March 13, 1979. Her family has lived in Neshoba Coun ...
drew a direct connection between Obergefell and H.B. 1523 when she introduced the bill on the Mississippi Senate floor, saying, "this is presenting a solution to the crossroads we find ourselves in today as a result of Obergefell v. Hodges."
Legislative history
Representatives Philip Gunn
Philip Anthony Gunn (born January 27, 1963) is an American politician from the U.S. state of Mississippi. A member of the Republican Party, Gunn is the Speaker of the Mississippi House of Representatives, and represents the 56th district. He has ...
,
William Tracy Arnold
William Tracy Arnold (born February 14, 1969) is an American politician, representing the 3rd district in the Mississippi House of Representatives since 2012.
Early life and education
Arnold was born in Prentiss County, Mississippi on Februar ...
,
C. Scott Bounds,
Lester Carpenter
Lester E. "Bubba" Carpenter (born September 1, 1970) is a Republican member of the Mississippi House of Representatives, representing the First District of Mississippi (Alcorn and Tishomingo Counties) since 2008.Bobby Harrison: "State House c ...
,
J. Andrew Gipson,
William Shirley
William Shirley (2 December 1694 – 24 March 1771) was a British Army officer and colonial administrator who served as the governor of the British American colonies of Massachusetts Bay and the Bahamas. He is best known for his role in organi ...
,
Randy Boyd, and
Dan Eubanks
Daniel Paul Eubanks (born June 11, 1970) is an American politician, having represented District 25 as a Republican in the Mississippi House of Representatives since 2016.
Biography
Dan Eubanks was born on June 11, 1970, in Hicksville, Ohio. ...
officially introduced House Bill 1523, titled "Protecting Freedom of Conscience from Government Discrimination Act".
On February 19, 2016, the
Mississippi House of Representatives
The Mississippi House of Representatives is the lower house of the Mississippi Legislature, the lawmaking body of the U.S. state of Mississippi. According to the state constitution of 1890, it is to comprise no more than 122 members elected fo ...
passed the bill, with 80 ayes, 39 nays, and 3 absent or not voting.
[H. B. No. 1523: House Passed As Amended]
. ''Mississippi House of Representatives''. State of Mississippi. February 19, 2016.
On March 30, 2016, the
Mississippi Senate
The Mississippi Senate is the upper house of the Mississippi Legislature, the state legislature of the U.S. state of Mississippi. The Senate, along with the lower Mississippi House of Representatives, convenes at the Mississippi State Capitol ...
passed an amended bill, with a 32 ayes, 17 nays, and 1 absent or not voting.
On April 1, 2016, the Mississippi House of Representatives passed the bill as amended by the Senate, with 69 ayes, 44 nays, 7 absent or not voting, and 1 voted present.
On April 5, 2016,
Governor
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
Phil Bryant
Dewey Phillip Bryant (born December 9, 1954) is an American politician who served as the 64th governor of Mississippi from 2012 to 2020. A member of the Republican Party, he was the 31st lieutenant governor of Mississippi from 2008 to 2012 and 4 ...
signed the bill. The bill was intended to go into effect on July 1, 2016.
On April 12, 2016, Mississippi state representatives including
Rep. Jay Hughes introduced a suspension resolution, titled the ''Mississippi Economic and Tourism Recovery Act'', aimed at repealing HB 1523.
On June 27, 2016, U.S. District Judge
Carlton W. Reeves entered a permanent injunction blocking HB 1523's provision allowing county clerks to recuse themselves from issuing marriage licenses.
On June 30, 2016, hours before the law was to come into force, Judge Reeves issued a preliminary injunction blocking the rest of HB 1523.
On July 7, 2016, Governor Phil Bryant filed an appeal against Judge Reeves' preliminary injunction.
On July 13, 2016, Mississippi Attorney General
Jim Hood
James Matthew Hood (born May 15, 1962) is an American lawyer and politician who served as the 39th Attorney General of Mississippi from 2004 to 2020.
A member of the Democratic Party (United States), Democratic Party, he was first elected in 20 ...
announced his office would not pursue an appeal of Judge Reeves' ruling.
On June 23, 2017, Judge Reeves' injunction was lifted and the law went into effect.
Response
Proponents of H.B. 1523 argue that the bill protects individuals, businesses, and organizations from being discriminated against by the government for enacting their religious beliefs. Another argument of the bill's supporters is that H.B. 1523 is an example of Mississippi enacting exemptions to the federal Obergefell decision through state legislation.
Opponents of H.B. 1523 argue that the bill denies LGBT people of their constitutionally-protected rights. Some claim that this enables individuals, businesses, and organizations to justify discrimination based on
sexual orientation
Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...
,
gender identity
Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent, and consistent with the i ...
, or sexual activity. In addition to the bill's implications for same-sex couples and LGBT identified individuals, opponents of the bill have expressed concern about the potential discriminatory effects of H.B. 1523 on single parents and single-parent families as well as individuals who have had premarital sex. On April 5, 2016, the
Human Rights Campaign
The Human Rights Campaign (HRC) is an American LGBTQ advocacy group. It is the largest LGBTQ political lobbying organization within the United States. Based in Washington, D.C., the organization focuses on protecting and expanding rights for LGB ...
lambasted Mississippi Governor
Phil Bryant
Dewey Phillip Bryant (born December 9, 1954) is an American politician who served as the 64th governor of Mississippi from 2012 to 2020. A member of the Republican Party, he was the 31st lieutenant governor of Mississippi from 2008 to 2012 and 4 ...
for signing into law H.B. 1523. A week later, 95 Mississippi writers signed a letter opposing H.B. 1523.; the list of signees includes
John Grisham
John Ray Grisham Jr. (; born February 8, 1955 in Jonesboro, Arkansas) is an American novelist, lawyer and former member of the 7th district of the Mississippi House of Representatives, known for his popular legal thrillers. According to the Am ...
,
Donna Tartt
Donna Louise Tartt (born December 23, 1963) is an American novelist and essayist.
Early life
Tartt was born in Greenwood, Mississippi, in the Mississippi Delta, the elder of two daughters. She was raised in the nearby town of Grenada. Her fa ...
,
W. Ralph Eubanks
Warren Ralph Eubanks Jr. (born June 25, 1957) is an American author, essayist, journalist, professor, and public speaker. His work focuses on race, identity, and the culture and literature of the American South. As of May 2021, he was a Radcliffe ...
,
Kiese Laymon
Kiese Laymon (born August 15, 1974, Jackson, Mississippi) is a Black southern writer from Jackson, Mississippi. He is a professor of English and Creative Writing at Rice University. He is the author of three full-length books: a novel, ''Long D ...
, and
Greg Iles
Greg Iles (born 1960) is a novelist who lives in Mississippi. He has published seventeen novels and one novella, spanning a variety of genres.
Early life
Iles was born in 1960 in Stuttgart, West Germany, where his physician father ran the US Emba ...
.
The passing of H.B. 1523 has received criticism and sparked backlash from some Mississippi communities, other municipalities and states, and communities all across the globe.
Local Response
Several cities within Mississippi have denounced H.B. 1523 and called for its repeal. The Mississippi Economic Council has voiced opposition to H.B. 1523:
"As the State Chamber of Commerce for a state that has proven its hospitable and business-friendly approach, MEC opposes efforts that would intentionally or unintentionally prevent Mississippi businesses from implementing and enforcing non-discrimination policies or that would limit diversity and inclusion impacting their customers and employees. HB 1523 conflicts with this policy."
On April 6, 2016, the
Jackson City Council unanimously passed a resolution opposing H.B. 1523. The resolution states that the state's capitol acknowledges that the
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
protects all individuals' rights equally and prohibits governments from preserving religious beliefs over the rights of people. Mayor
Tony Yarber
Tony Tarzell Yarber (born April 16, 1978) is an American pastor, educator and politician in Jackson, Mississippi. He was elected as Mayor of Jackson in April 2014 from special election following the death in office of Chokwe Lumumba. A native of J ...
released a statement which read: "As a predominantly black city in Mississippi, the Jackson community has endured racism, discrimination and injustice over the years. We are Mississippi's capital city, and as part of our declaration of being the 'Bold New City,' we will not discriminate against any individual because of race, religious beliefs or sexual orientation, nor do we support legislation that allows for such discrimination."
Biloxi, MS also unanimously passed a resolution calling for H.B. 1523's repeal on April 19, 2016. The resolution was originally introduced by Mayor FoFo Gilich.
National response
![Government travel bans to Mississippi](https://upload.wikimedia.org/wikipedia/commons/4/40/Government_travel_bans_to_Mississippi.svg)
After the passing of H.B. 1523, several state and local government have issued bans preventing travel to the state of Mississippi. These travel bans are intended to express these communities' opposition to the bill and its effects on Mississippians, particularly LGBT Mississippians. The backlash is similar to what North Carolina experienced after passing the widely controversial "
bathroom bill
A bathroom bill is the common name for legislation or a statute that denies access to public toilets by gender or transgender identity. Bathroom bills affect access to sex-segregated public facilities for an individual based on a determination o ...
".
As of December 2, 2016, the states of California, Connecticut, Minnesota, New York,
Vermont,
and Washington,
the District of Columbia,
the counties of Dane (Wisconsin), Franklin (Ohio), Montgomery (Maryland), and Multnomah (Oregon), and the cities of Baltimore, Berkeley, Cincinnati, Dayton, Honolulu, Long Beach, Los Angeles, Miami Beach, New York City, Oakland, Philadelphia,
Portland (Maine), Portland (Oregon), Providence, Salt Lake City, San Francisco, San Jose, Santa Fe, Seattle,
Tampa,
West Palm Beach, and Wilton Manors have all issued travel bans in response to H.B. 1523, barring government employees from non-essential publicly funded travel to Mississippi.
International response
In April 2016, the British Foreign and Commonwealth Office issued a warning to LGBT travelers to North Carolina and Mississippi. The Human Rights Campaign responded that it was "both frightening and embarrassing that one of our nation's staunchest allies has warned its citizens of the risks."
On May 12, 2016, the European Union released a statement condemning the Religious Liberty Accommodations Act in Mississippi and the Public Facilities Privacy & Security Act in North Carolina.
Challenges to H.B. 1523 in the Courts
Several different lawsuits have aimed to derail and overturn H.B. 1523. In June 2016 before H.B. 1523 was scheduled to originally go into effect, two lawsuits in U.S. District Court challenged the constitutionality of the bill: ''Barber v. Bryant'' and ''Campaign for Southern Equality v. Bryant.'' The two cases were consolidated for the preliminary injunction proceedings in U.S. District Court.
Barber v. Bryant
''Barber v. Bryant'' was brought forward by Mississippi civil rights attorney Robert McDuff and the
Mississippi Center for Justice
Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Missis ...
. The plaintiffs of ''Barber v. Bryant'' were eleven individual Mississippians and The Joshua Generation Metropolitan Community Church of
Hattiesburg, MS
Hattiesburg is a city in the U.S. state of Mississippi, located primarily in Forrest County, Mississippi, Forrest County (where it is the county seat and largest city) and extending west into Lamar County, Mississippi, Lamar County. The city popu ...
. When heard in District Court, the ''
Campaign for Southern Equality v. Bryant
Same-sex marriage has been legal in Mississippi since June 26, 2015. On November 25, 2014, U.S. District Court Judge Carlton W. Reeves of the U.S. District Court for the Southern District of Mississippi ruled that Mississippi's ban on same-se ...
'' case was consolidated under ''Barber v. Bryant''.
On June 27, 2016, U.S. District Judge
Carlton W. Reeves entered a permanent
injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in pa ...
blocking HB 1523's provision allowing county clerks to recuse themselves from issuing marriage licenses.
On June 30, 2016, hours before the law was to come into force, Judge Reeves issued a preliminary injunction blocking the rest of HB 1523. In a sixty-page opinion finding that the law violates the
Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal ...
and the
Establishment Clause
In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The relevant constitutional text ...
of the
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
, Judge Reeves notes HB 1523 singles out
Leviticus 18
Leviticus 18 (the eighteenth chapter of the Book of Leviticus) deals with a number of sexual activities considered abominable, including incest, bestiality, and homosexuality (or sodomy). The chapter also condemns Moloch worship. It is part of ...
while ignoring Leviticus's other prohibitions, such as
mixing wool and linens. Judge Reeves further compares Governor Bryant's opposition to the ''Obergefell v. Hodges'' decision to Governor
James P. Coleman
James Plemon Coleman (January 9, 1914 – September 28, 1991) was an American judge and the 52nd Governor of Mississippi and a United States federal judge, United States circuit judge of the United States Court of Appeals for the Fifth Circuit.
...
's opposition to the ''
Brown v. Board of Education
''Brown v. Board of Education of Topeka'', 347 U.S. 483 (1954), was a landmark decision by the U.S. Supreme Court, which ruled that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the segregat ...
'' decision.
On July 13, 2016, Mississippi Attorney General
Jim Hood
James Matthew Hood (born May 15, 1962) is an American lawyer and politician who served as the 39th Attorney General of Mississippi from 2004 to 2020.
A member of the Democratic Party (United States), Democratic Party, he was first elected in 20 ...
announced his office would not pursue an appeal of Judge Reeves' ruling. In a statement, Hood said, "... all HB 1523 has done is tarnish Mississippi's image while distracting us from the more pressing issues of decaying roads and bridges, underfunding of public education, the plight of the mentally ill and the need to solve our state's financial mess." Mississippi Governor Phil Bryant has retained the services of a private attorney, Drew Snyder, to continue the appeal in federal court using private funds.
Governor Phil Bryant and John Davis, executive director of the Mississippi Department of Human Services, appealed the District Court ''Barber v. Bryant'' decision to the
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts:
* Eastern District of Louisiana
* M ...
.
On June 23, 2017,
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts:
* Eastern District of Louisiana
* M ...
found that the ''Barber v. Bryant'' plaintiffs lacked
standing
Standing, also referred to as orthostasis, is a position in which the body is held in an ''erect'' ("orthostatic") position and supported only by the feet. Although seemingly static, the body rocks slightly back and forth from the ankle in the s ...
. An excerpt from Circuit Judge
Jerry Edwin Smith's opinion reads: "We do not foreclose the possibility that a future plaintiff may be able to show clear injury-in-fact that satisfies the 'irreducible constitutional minimum of standing,' ...
e federal courts must withhold judgment unless and until that plaintiff comes forward. The preliminary injunction is REVERSED, and a judgment of dismissal for want of jurisdiction is RENDERED." The three-judge panel who heard the case (which also included Judge
Jennifer Elrod and Judge
Catharina Haynes
Catharina Jacoba Hendrika Dubbelday Haynes (born November 9, 1963) is a United States circuit judge of the United States Court of Appeals for the Fifth Circuit.
Background
Haynes was born in Melbourne, Florida and graduated from Satellite High ...
) agreed unanimously. This ruling reversed Judge Reeves' earlier decision in U.S. District Court; thus, H.B. 1523 went into effect.
On behalf of the case's plaintiffs, Robert McDuff appealed the Fifth Circuit decision in ''Barber v. Bryant'' to the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
, claiming that the bill violates both the
First
First or 1st is the ordinal form of the number one (#1).
First or 1st may also refer to:
*World record, specifically the first instance of a particular achievement
Arts and media Music
* 1$T, American rapper, singer-songwriter, DJ, and rec ...
and
Fourteenth Amendments. On January 8, 2018, the U.S. Supreme Court refused to hear the case without comment.
Campaign for Southern Equality (CSE) v. Bryant
''
Campaign for Southern Equality v. Bryant
Same-sex marriage has been legal in Mississippi since June 26, 2015. On November 25, 2014, U.S. District Court Judge Carlton W. Reeves of the U.S. District Court for the Southern District of Mississippi ruled that Mississippi's ban on same-se ...
'' was a suit filed in federal district court before H.B. 1523 was even drafted, on October 20, 2014. The plaintiffs were the ACLU and several individual Mississippians represented by
Roberta A. Kaplan
Roberta Ann Kaplan (born 1966) is an American lawyer focusing on commercial litigation and public interest matters. Kaplan successfully argued before the Supreme Court of the United States on behalf of LGBT rights activist Edith Windsor, in ''Un ...
. ''CSE v. Bryant'' challenged Mississippi's statutory and constitutional denial of marriage rights to same-sex couples before the 2015 federal ''Obergefell'' decision. The hearing was held on November 12, 2014. The marriage ban was found as unconstitutional by Judge Reeves on November 25, 2014. The case was appealed to the Fifth Circuit Court of Appeals. The Fifth Circuit issued a stay of Judge Reeves' order to issue same-sex marriage licenses. When the federal ''Obergefell'' decision legalized same-sex marriage, the Fifth Circuit's stay was overturned and marriage licenses were issued for same-sex couples within Mississippi.
After the passage of H.B. 1523, in May 2016, plaintiffs in the ''CSE v. Bryant'' case still represented by Roberta Kaplan filed a motion to reopen the lawsuit in opposition to the bill. Specifically, Kaplan's motion argued that provisions in H.B. 1523 that allow circuit clerk and state workers to recuse themselves from performing their duties are in violation of the Fourteenth Amendment. For the case's hearing in U.S. District Court it was consolidated with ''Barber v. Bryant.''
On July 21, 2016, Attorney Roberta A. Kaplan filed an affidavit to illuminate the role that the Christian lobby
Alliance Defending Freedom
Alliance Defending Freedom (ADF, formerly Alliance Defense Fund) is an American conservative Christian legal advocacy group that works to curtail rights for LGBTQ people; expand Christian practices within public schools and in government; and ...
played in drafting H.B. 1523.
In September 2017, the U.S. Court of Appeals for the Fifth Circuit denied the petition for a rehearing
en banc
In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller ...
submitted by the plaintiffs of ''Campaign for Southern Equality v. Bryant.''
In October 2017, the case was appealed to the United States Supreme Court. In January 2018, the U.S. Supreme Court passed on reviewing the ''CSE v. Bryant'' Fifth Circuit decision.
Alford v. Moulder
In May 2016, Nykolas Alford, Stephen Thomas, and the
American Civil Liberties Union
The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
filed a lawsuit in U.S. District Court against Judy Moulder, a Mississippi state registrar of vital records. ''Alfred v. Moulder'' aimed to prevent H.B. 1523 from going into effect, arguing that the bill goes against the federal ruling in favor of same-sex marriage made in the ''Obergefell'' decision. On October 17, 2016, the Court stayed ''Alford v. Moulder'' pending a decision in ''Barber v. Bryant'' from the Fifth Circuit Court of Appeals.
See also
*
LGBT rights in Mississippi
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Mississippi face legal challenges and discrimination not experienced by non-LGBT residents. LGBT rights in Mississippi are limited in comparison to other states. Same-s ...
References
External links
Text of the law''Campaign for Southern Equality v. Bryant'', No. 3:14-CV-818 (S.D. Miss. June 27, 2016)court order blocking marriage license provision
''Barber v. Bryant'', No. 3:16-CV-442 (S.D. Miss. June 30, 2016)court order blocking all of HB 1523
{{DEFAULTSORT:Religious Liberty Accommodations Act
2016 in LGBT history
Discrimination against LGBT people in the United States
LGBT in Mississippi
Mississippi law
Politics of Mississippi