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.”

Jonathan Compretta and Michael Rejebian, co-campaign managers for 42 For Better Schools, filed an 11-page lawsuit today asking a judge to order that the Initiative 42 ballot measure's full text be printed on the Nov. 3 ballot. Currently the ballot states the initiative title, the section of the Constitution being amended and the Legislative Budget Office Fiscal Analysis.

After a denied records request and the Legislative Budget Office analysis changing (since the March version) on the sample ballot released last week, 42 For Better Schools is hoping to bring clarity to the November election ballot by putting the full text of their proposed change to Mississippi's Constitution in writing.

The plaintiffs cite Section 273 of the Mississippi Constitution as the basis for their legal action. In this section, the Constitution states that:

"The sponsor of an initiative shall identify in the text of the initiative the amount and source of revenue required to implement the initiative. If the initiative requires a reduction in any source of government revenue, or a reallocation of funding from currently funded programs, the sponsor shall identify in the text of the initiative the program or programs whose funding must be reduced or eliminated to implement the initiative. Compliance with this requirement shall not be a violation of the subject matter requirements of this section of the Constitution. "

42 For Better Schools argue that the approved ballot does not contain the original initiative language proposing a multi-year phase-in to fully fund K-12 schools, which have been fully funded only twice since the 1997 passage of the MAEP, the funding formula. Initiative 42 proponents have previously stated that their intention is not that the Legislature fully fund public education immediately, and they understand that if excess funds are used, it might take almost seven years to fully fund MAEP. The House Appropriations Committee still met to discuss budget cuts, however, and have maintained that if the initiative passes, they will have to cut almost every state agency's budget.

Statement from Jackson's Department of Public Works:

Due to unforeseen, external conditions impacting raw water intake at the O.B. Curtis Water Treatment Plant, the water in the distribution system has a slightly brown appearance. The Department of Public Works’ lab resources have reviewed the water quality and with further consultation from the Mississippi Department of Health, the water from the plant has been deemed safe for consumption.

Crews are in the process of flushing the lines to improve the aesthetic of the water and will continue the mitigation process through the weekend. The water is clearing up and full improvement is expected by early next week.

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