Jackson Free Press

Mississippi Attorney General Jim Hood defended his decision to defend Mississippi in a lawsuit against the state's same-sex adoption ban today, calling it a procedural issue.

The Campaign for Southern Equality recently sued the Mississippi Department of Human Services to challenge the constitutionality of the ban, the last law in the nation that still has an absolute ban preventing same-sex couples from adopting regardless of the couples' qualifications.

In a motion filed Sept. 11, Hood stated that Mississippi is not required to allow same-sex couples to adopt, maintaining that the state should continue to encourage adoption by opposite sex couples.

In an interview with the Jackson Free Press this afternoon, Hood said the plaintiffs should have gone through a chancery court and initiated an adoption proceeding. He added that it's his responsibility to defend the state in the case.

"That's who applies that law, not the attorney general not the Department of Human Services," Hood said, referring to chancery court. "There's a difference between gay marriage and gay adoption and they need to be in the proper forum, in state court."

Hood's motion states: “While the Supreme Court’s decisions in Obergefell v. Hodges and United States v. Windsor recently established that the federal and state governments must recognize valid same sex marriages, and states must license them, over-extending those decisions to purportedly invalidate Section 93-17-3(5) through a preliminary injunction would be entirely inappropriate."

Hood leans on a decade-old decision from the 11th U.S. Circuit Court, Lofton v. Secretary of the Department of Children and Family Services, in which the court upheld a Florida ban on adoption by same-sex couples because LGBT couldn't marry at the time.

“Governor Bryant and Attorney General Hood continue to demonstrate that they’d rather continue legal discrimination against LGBT families than give children in need the best chance of finding a loving home,” said Rob Hill, state director of the Human Rights Campaign Mississippi in a statement. “Despite this discriminatory ban, Mississippi has one of the highest numbers of LGBT people raising children than anywhere in the country. Every major child welfare organization agrees that same-sex couples are just as capable of raising loved and well-adjusted children and their hetereosexual counterparts. Shame on the governor and attorney general for asserting otherwise, shame on them for not working in the best interests of children, and shame on them for continuing to keep the Magnolia State tethered to a discriminatory past.”

The Jackson City Council passed the compromise budget they worked out with Mayor Tony Yarber's administration.

"This budget is as barebones as it gets," Yarber said after the council voted 5-2 on a nearly $400 million spending plan Thursday morning.

To close a $15 million deficit, Yarber initially proposed the tax increase along with furloughing most full-time workers one day each month.

Ward 4 Councilman De'Keither Stamps and Ward 3 Councilman Kenneth Stokes voted against the budget, which still relies on furloughs.

"I don't think we should balance the budget on the backs of the people," Stamps said in the meeting.

Last week, after a very short public hearing last night on the proposed millage rate—the amount per $1,000 used to calculate local taxes on property—the Jackson City Council approved a millage rate of 58.03 with anticipated revenues of $1.14 million per mill.

Nonetheless, the city will rake in at least $926,000 less in property taxes because the overall assessed value of property in Jackson went down, officials said.

Ward 7 Councilwoman Margaret Barrett-Simon, who had been hospitalized, did not attend but participated in the meeting via speakerphone.

Acclaimed singer-songwriter Steve Earle is the latest voice to join the flag debate, though his voice comes in the form of a good-old-fashioned protest song. On the track, titled "Mississippi, It's Time," the Virginia-born musician denounces the Confederate battle emblem's position on the Mississippi state flag, which has been a point of contention yet again following a white-supremacist gunman's slaying of nine African Americans at Emanuel A.M.E. Church in Charleston, S.C., on June 17.

“I grew up in the South and lived there until I was 50, and I know that I’m not the only southerner who never believed for one second that the Confederate battle flag is symbolic of anything but racism in anything like a modern context,” Steve Earle said in a press release. “This is about giving those southerners a voice.”

Earle and his band, the Dukes, release the song for download on iTunes this Friday, Sept. 11, with all proceeds going to the Southern Poverty Law Center. The lyrics feature a number of powerful and to-the-point phrases, such as, Mississippi, don't you reckon it's time that the flag came down because the world turned 'round? We can't move ahead if we're looking behind," and "I wish I was in a land that never held a soul in bondage ever. I wouldn't have to drag these chains behind. Mississippi, it's time."

Near the track's close, though, Earle trades any semblance of metaphor for blunt outrage: "What the hell, Mississippi? Mississippi, you're out of your mind. Mississippi, God d***, even Alabama and South Carolina (have) come across the line."

As people from without and within the state push for the removal of the Confederate flag—and the dark ideals it represents—the decision ultimately rests with state lawmakers who can't seem to come to an agreement.

Earle, a pupil of famed songwriters Townes Van Zandt and Guy Clark, has had countless hits on the country music charts, both from his own releases, such as his debut record, 1986's "Guitar Town," and from hits for legends like Johnny Cash, Willie Nelson, Waylon Jennings and Emmylou Harris.

Visit Southern Poverty Law Center's website to listen to "Mississippi, It's Time."

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