Jackson Free Press

The Campaign for Southern Equality and Mississippi-native Rev. Susan Hrostowski filed a lawsuit against several state officials, saying that House Bill 1523 is unconstitutional, late last week.

The lawsuit states that House Bill 1523 violates the first and fourteenth amendments of the U.S. Constitution and asks the U.S. District Court to enjoin the bill from becoming law on July 1. New York-based attorney Roberta Kaplan, who won same-sex couples the right to marry and adopt in this state, will represent the plaintiffs.

The lawsuit names the governor, attorney general, the executive director of MDHS, and the state registrar for vital records as defendants. Several floor debate comments from the 2016 legislative session about the bill are used in the initial complaint. The complaint draws the distinction between Mississippi's Religious Freedom Restoration Act and The Protecting Freedom of Conscience from Government Discrimination Act.

"Critically, the Mississippi RFRA does not single out any particular religious belief or creed and privilege it above all others..." the complaint says. "HB 1523, however, starkly departs from this tradition and practice by providing additional rights and benefits and by extending well beyond those available under RFRA, but only to individuals or entities that espouse one of three specific beliefs: (a) that '[m]arriage is or should be recognized as union of one man and one woman,' (b) that '[s]exual relations are properly reserved to' a marriage between one man and one woman, or (c) male and female 'refer to an individual's immutable biological sex as objectively determined by anatomy and genetics at the time of birth.'"

The ACLU and the Mississippi Center for Justice have both filed lawsuits, asking the courts to rule House Bill 1523 unconstitutional, and Kaplan filed a motion to re-open the case that legalized same-sex marriage in Mississippi, due to HB1523's passage. The Campaign for Southern Equality's lawsuit is the third lawsuit filed against House Bill 1523 and the fourth legal challenge.

Mississippi pastors, community leaders and a Hattiesburg church have filed a federal lawsuit challenging House Bill 1523, the third legal challenge to the "Protecting Freedom of Conscience from Government Discrimination Act."

The plaintiffs have sued the governor (who recently received a Religious Freedom Award), the attorney general, the executive director of the Mississippi Department of Human Services and the state registrar of vital records, asking the federal court to issue an injunction blocking the bill from becoming state law on July 1.

The lawsuit says that "with the passage and approval of that bill, the Legislature and the Governor breached the separation of church and state, and specifically endorsed certain narrow religious beliefs that condemn same-sex couples who get married, condemn unmarried people who have sexual relations, and condemn transgender people."

The plaintiffs will be represented by Jackson-based lawyer Rob McDuff and the Mississippi Center for Justice.

Read the complaint here. The press release from the MS Center for Justice has been reproduced, verbatim, below:

Ministers, Community Leaders, and Activists File New Lawsuit Challenging House Bill 1523

A group of Mississippi ministers, community leaders, and civic activists, along with a Hattiesburg church, today filed a new lawsuit in federal court in Jackson challenging House Bill 1523. The lawsuit claims the controversial measure violates the principle of the separation of church and state contained in the First Amendment of the Constitution.

The plaintiffs, represented by longtime civil rights lawyer Rob McDuff and the Mississippi Center for Justice, are asking the federal court to issue an injunction blocking the bill from taking effect on the scheduled date of July 1.

The lawsuit follows an earlier case filed by the ACLU challenging HB 1523 on different grounds. The ACLU suit also seeks an injunction prior to July 1.

Today’s lawsuit focuses on the language of Section 2 of HB 1523, which reads: “The sincerely held religious beliefs or moral convictions protected by this act are the belief or conviction that: (a) Marriage is or should be recognized as the union of one man and one woman; (b) Sexual relations are properly reserved to such a marriage; and (c) male (man) or female (woman) refer to an individual’s immutable biological sex as objectively determined by anatomy and genetics at time of birth.”

The lawsuit claims that by enacting HB 1523, the Legislature and the Governor “specifically endorsed certain narrow religious beliefs that condemn same-sex couples who get married, condemn unmarried people who have sexual relations, and condemn transgender people.” The lawsuit notes that the bill provides special legal protection exclusively to people holding those beliefs, but not for those who have different beliefs.

“The people bringing this lawsuit, like thousands of people in Mississippi, do not subscribe to the religious views set forth in the bill, and do not believe the government should be interfering in religion by choosing some religious views over others,” McDuff said.

“Ensuring that government maintains neutrality on religious beliefs and respects …

Congressman Bennie G. Thompson (D-MS) wrote a letter to U.S. Attorney General Loretta Lynch, asking her to review the House Bill 1523, file a lawsuit against Mississippi and declare the bill unconstitutional, which Gov. Bryant signed into law on Tuesday. Below is the press release and the letter reproduced in full.

“Today, I sent a letter to United States Attorney General Loretta Lynch asking her to examine Mississippi House Bill No. 1523, the so-called “religious freedom” act, and file suit against the State of Mississippi for the overreaching, unconstitutional, and blatantly discriminatory piece of legislation.”

“The discriminatory bill that the governor signed into law yesterday places a dark cloud over the State of Mississippi and will harm the state in business, industry, academics and reputation. I implore the Attorney General and the Department of Justice to act swiftly on my request and work to make sure justice and equality prevail.”

Letter text below:

April 6, 2016

The Honorable Loretta E. Lynch Attorney General U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001

Dear Attorney General Lynch:

On April 5, 2016, Governor Phil Bryant of the State of Mississippi signed into law the so-called “Protecting Freedom of Conscience from Government Discrimination Act.” This law purports to protect Mississippians from discrimination by government officials for practicing/observing their religious beliefs. A cursory review of MS House Bill No. 1523, reveals that this bill does no such thing: instead, it gives employers, business owners, and any other person or entity in Mississippi the explicit right to discriminate against anyone with a lifestyle they disagree with in the name of religion. Simply put, this is government-sanctioned discrimination.

Title VI of the Civil Rights Act of 1964 prevents discrimination by government agencies that receive federal funds. Here, an entire state has sanctioned discrimination against an entire LGBT population in MS. Moreover, Title VII of the Civil Rights Act prohibits discrimination against an individual because they are associated with a person of a particular race, color, religion, sex or national origin. There are countless other laws and regulations on the books that prevent discrimination in one way or another. MS House Bill No. 1523 clearly violates all of those laws. Therefore, I strongly urge DOJ to institute a lawsuit to declare MS House Bill No. 1523 unconstitutional and in violation of the United States Constitution and the previously identified and other civil rights statutes, regulations and executive orders.

A copy of MS House Bill 1523 is enclosed. Again, I strongly urge DOJ, as soon as possible, to file a law suit and take any other appropriate action against the State of Mississippi to strike down this discriminatory law. If you have any questions, please contact Trey Baker, Counsel in my Washington, D.C., office at 202-225-5876 or at [email protected]. I look forward to your response.

Sincerely,

Bennie G. Thompson Member of Congress