Jackson Free Press

The Mississippi House of Representatives voted to add domestic abuse as grounds for divorce this afternoon when Rep. Andy Gipson, R-Braxton, brought out an amendment to Senate Bill 2680, which clarifies that abused and neglected children can be placed with their relatives when they are removed from their homes.

Gipson's amendment clarifies that "cruel and inhuman treatment" in the state's grounds for divorce law includes both physical and non-physical abusive conduct as a ground for divorce. The amendment thoroughly defines both types of conduct as well as outlines standards of proof that a spouse would need to make.

The amendment would allow the injured spouse's testimony to meet the burden of proof to divorce their partner. The House passed Senate Bill 2680 with the new amendments unanimously. Now the Senate will have to concur with those amendments or invite conference on the bill to keep it alive.

Last week, lawmakers and citizens alike criticized Rep. Gipson for killing Sen. Sally Doty's, R-Brookhaven, bill to clarify that domestic abuse could be grounds for divorce. Gipson initially said that domestic abuse was already included in the state's divorce grounds that says "habitual cruel and inhuman treatment" is a ground for divorce. Days after killing the bill, Gipson announced on Facebook and Twitter that he was working with the Center for Violence Prevention to come up with the "House plan for this issue." Today, before bringing up the new amendment for a vote, Rep. Gipson introduced representatives from the Center for Violence Prevention to the House.

The Southern Poverty Law Center has published a map of active hate groups in the United States, and in Mississippi, there are 19 groups, including several Ku Klux Klan factions. SPLC defines a hate group as having "beliefs or practices that attack or malign an entire class of people, typically for their immutable characteristics." Hate group activities include: criminal acts, marches, rallies, speeches, meetings, leafleting or publishing, SPLC's website says.

Nationally, there are 892 hate groups, by SPLC's definition, and since 1999, the number of hate groups in the country has almost doubled. There are 190 Ku Klux Klan groups in the U.S., SPLC data shows.

To view the map visit: https://www.splcenter.org/hate-map.

Solo artist Belinda Carlisle, the former lead vocalist of the Go-Go's, has decided to go ahead with her Mississippi concert as scheduled, despite having strong objections to House Bill 1523.

On Tuesday, the singer posted an open letter to Gov. Phil Bryant on her Facebook page and GLAAD's website, saying that while she originally planned to cancel her shows in Mississippi, after speaking with local LGBTQ groups, she changed her mind. Carlisle contrasted her pop song "Heaven is a Place on Earth" to the "hell on earth" that House Bill 1523 creates for LGBT Mississippians.

"As the very proud mother of a gay child I can't imagine anything less Christian than using the law as a weapon against others," Carlisle wrote.

Carlisle is scheduled to perform on Saturday night in Biloxi and is holding a candlelight vigil after her concert.

Carlisle's letter is reproduced verbatim below:

Governor Bryant,

I am scheduled to perform in your great state this Saturday, however given the very recent anti-LGBTQ attacks that your administration has leveled against some of your own citizens I very nearly cancelled my appearance. After discussion with various LGBTQ groups, however, I've decided to go forward with the show in order to say a few things to those who live in the Magnolia State -- and I want to start off by addressing you directly.

As the very proud mother of a gay child I can't imagine anything less Christian than using the law as a weapon against others. Because of my career as a performer and the privilege that has brought to our family, my son will be all right, but the pain you're causing LGBTQ Mississippians is devastating, especially the transgender folks and LGBTQ people of color who will be most directly impacted by these attacks. Brave organizers like Kaylee -- a black transgender Mississippian -- and Brandiilyne -- a lesbian pastor in Mississippi -- are just two of the people who will be directly impacted by hateful bills like these. Their bravery in organizing against these attacks is stunning.

Nearly 30 years ago, I released a song titled "Heaven Is a Place on Earth." I was proud of the message of that song then and I continue to be proud of it today. Unfortunately, Governor Bryant, you and those around you are making life hell on earth for many Mississippians.

So I'll go forward with my show on Saturday and I'll use it as an opportunity to speak the truth about the bravery of people like Kaylee and Brandiilyne and so many others across your state who are resilient and loving and brave. Finally, it is my call, as a mother, that you bring a little bit of heaven to Mississippi by repealing HB1523.

Belinda Carlisle

The Rankin County School District is under fire for one teacher's disparaging comments against atheism. The American Humanist Association's legal center sent the district a letter on Tuesday detailing a complaint from a student and her parent that said the student's history teacher, who is also a pastor at a Baptist Church, has made several jabs at atheism in comments made in class throughout the year.

Northwest Rankin High School, where this history teacher teaches, has had trouble with the First Amendment before. A few months ago, the district came to a settlement with a former student who sued and won after she was forced to attend a blatantly Christian assembly during school hours.

The letter is not a lawsuit, but it asks the district to comply with the Establishment Clause and provide written notices to all faculty reminding them to not make remarks "promoting religion and disparaging atheism." The American Humanist Association has asked for a response from the district within a week. The seven-page letter details parts of the Constitution and legal history that could be argued to prove the teacher's comments unconstitutional.

Monica Miller, an attorney at the association's legal center wrote, "Good faith is not a defense to contempt and you are court-ordered to ensure that your employees are complying with the Consent Decree and Establishment Clause."

The American Humanist Association provided counsel to Magdalene Bedi, the Northwest Rankin High School student who sued and won after being forced to attend a Christian assembly in 2013. The district must pay damages to Bedi for additional violations since they violated two consent decrees after she filed her original lawsuit.

On Flag Day at its annual meeting, the Southern Baptist Convention passed a resolution that calls on all Southern Baptist churches and 'brothers and sisters in Christ' to not display the Confederate battle flag.

The convention passed a resolution that said, "we call our brothers and sisters in Christ to discontinue the display of the Confederate battle flag as a sign of solidarity of the whole Body of Christ, including our African-American brothers and sisters."

"We recognize that the Confederate battle flag is used by some and perceived by many as a symbol of hatred, bigotry, and racism, offending millions of people..." the resolution says. "We recognize that, while the removal of the Confederate battle flag from public display is not going to solve the most severe racial tensions that plague our nation and churches, those professing Christ are called to extend grace and put the consciences of others ahead of their own interests and actions."

Russell Moore, president of the convention's Ethics and Religious Liberty Commission and a native Mississippian, has spoken out against Mississippi's state flag previously and reiterated his stance in a blog post this week.

"As I’ve said before, the Cross and the Confederate flag cannot co-exist without one setting the other on fire," Moore wrote. "Today, messengers to the Southern Baptist Convention, including many white Anglo southerners, decided the cross was more important than the flag. They decided our African-American brothers and sisters are more important than family heritage. We decided that we are defined not by a Lost Cause but by amazing grace. Let’s pray for wisdom, work for justice, love our neighbors.

And let’s take down that flag."

Update: Now there are only three counties in the state not issuing same-sex marriage licenses according to Unity MS. The Campaign for Southern Equality and ACLU of Mississippi have compiled a map of the counties that are (and aren't) issuing marriage licenses for same-sex couples. For updates see the list here. Counties not issuing licenses are either waiting for the Fifth U.S. Circuit Court of Appeals to lift the stay on the Campaign for Southern Equality v. Bryant case or are waiting on new marriage licensing forms.

The counties currently not issuing licenses are:

Holmes and Issaquena counties are waiting for the 5th Circuit Court of Appeals to lift the stay on the Campaign for Southern Equality v. Bryant case.

Smith County is waiting for an updated system and forms.

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On Tuesday, Oxford and Greenwood joined several other Mississippi counties and cities that have removed the state flag from city property. Mississippi is the only (and the last) state with the Confederate symbol on its state flag. An ad that ran this week in the Clarion-Ledger listed over 60 prominent Mississippians including Morgan Freeman, John Grisham, Archie Manning and Kathryn Stockett calling for the state to bring the flag down according to a Washington Post story.

Here is the list of Mississippi cities and local governments that have stopped flying the state flag on city property (so far):

• Oxford
• Greenwood
• Jackson
• Clarksdale
• Columbus
• Hattiesburg
• Grenada
• Leflore County
• Starkville
• Magnolia

The Mississippi Association of Educators has endorsed Synarus Green in the District 72 House of Representatives special election.

"For generations, the Mississippi Association of Educators has worked to build opportunities for the people and communities they serve," Green said in a press statement. "I'm honored to have the support of MAE's members and leaders, and proud to stand with them as a champion for all our students."

Green is one of four candidates running for the District 72 seat that was vacated when former-Rep. Kimberly Campbell announced she would be leaving the House after the 2016 legislative session to take a position as the state director of AARP.

Read interviews with all the candidates in the District 72 special election race here.

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.

11,466 Mississippi residents signed up for health insurance through healthcare.gov during the special enrollment period from February 23 to June 30. According to a new report released by the Centers for Medicare and Medicaid Services, 46 percent of Mississippi residents enrolled because they had lost coverage. Other reasons for enrollment include: denial of Medicaid, tax season or missing other special enrollment periods.

Nationally, the primary reason for enrollment was a loss of coverage. Almost 65 percent of Americans who enrolled in the four-month period were between the ages of 18 and 54. The report's authors said that this enrollment cycle drew higher numbers of young consumers than previous enrollment periods. 31 percent of the 943,934 U.S. residents enrolled were between the ages of 18 and 34.

Mississippi is one step closer to election reform after the House passed the 283-page election code bill this morning. The bill is the product of a committee formed by the secretary of state last year, which included lawmakers, circuit clerks and election commissioners from around the state. Secretary of State Delbert Hosemann told the Stennis Capitol Press Forum in February that the reform is "well worth our efforts, and all of these changes are big parts of an interwoven election code that should be passed."

A similar election reform bill is still on the Senate calendar, but it would have to pass today to stay alive. The deadline for original action on either chamber floor for general bills is today. For bills that have been held on a motion to reconsider, the deadline is tomorrow.

Developing story ...

On Thursday, Republican and Democratic U.S. representatives introduced the "Supporting Youth Opportunity and Preventing Delinquency Act," in the U.S. House of Representatives. House Bill 5963 would update the Juvenile Justice and Delinquency Prevention Act of 1974, adding new language to encourage states, cities and reservations to utilize evidence-based programs that are "trauma informed" to help address juvenile crime in the country.

The bill lists several evidence-based programs "including delinquency prevention, intervention, mental health, behavioral health and substance abuse treatment, family services, and services for children exposed to violence." The bill would also change the definition of an "adult inmate" so it would not include a person who "at the time of the time of the offense, was younger than the maximum age at which a youth can be held in a juvenile facility under applicable State law."

House Bill 5963 would also require much more data collection on juvenile offenders than is currently required now. It would require the Administrator of the Office of Juvenile Justice and Delinquency Prevention to collect data on state and localities' use of restraint and seclusion, the number of juveniles released from custody and the type of living arrangements to which they were released, the number of juveniles whose offense originated on school grounds and the number of juveniles who are pregnant but in secure detention.

In a press release from the Education and Workforce Committee Democrats, principal author of the bill Rep. Carlos Curbelo (R-FL) said that the purpose of the bill was to help children born into circumstances outside of their control a better path forward.

"These bipartisan reforms will deliver state and local leaders the tools they need to help the most vulnerable kids in their communities put the past behind them and work toward a brighter future," Curbelo said in the press release. "I want to thank Ranking Member (Bobby) Scott (D-VA) for all he has done to move this issue forward and for working together to deliver these bipartisan reforms.”

Sen. Josh Harkins, R-Flowood, is touching up a bill that proposes to change the Jackson airport commission structure. Harkins told the Jackson Free Press he will likely file his bill on Monday or Tuesday next week, which will change who appoints and who qualifies to serve on the airport's governing body.

The current commission is made up of five members, all appointed by the Jackson mayor. Harkins' bill will require the commission to include members from Madison, Rankin and city of Jackson. Harkins is still working on the details, but he said it is important for some commissioners to have aviation and business experience.

Jackson-based legislators have vocalized their distaste for the proposed bill, as well as Jackson business leaders calling the bill an attempted "takeover." Harkins said the city of Jackson will not suffer financially from the plan.

Stacey Pickering, the incumbent Republican candidate for auditor, is targeting his opponent, Joce Pritchett, for being an "LGBT Candidate" in his campaign's automated calls.

One robocall that ran before the primary states:

"The liberal left-wing media has their own agenda in the state auditor's race...They want to see their LGBT candidate for auditor, Jocelyn Pepper Pritchett, have a chance in the general election. They know they can't defeat Pickering, but they know they can defeat Mary Hawkins-Butler...Let's stand up for Mississippi values; let's stand up for Mississippi's Conservative leadership. Let's stand up for the traditional Mississippi family."

Pritchett's campaign has responded to the call on their website saying, "This type of message is unacceptable in the 21st century. The Republicans know they can't attack Joce's qualifications, so they have to attack her orientation and her family. We can't let this happen."

Gov. Phil Bryant has signed House Bill 1523 into law. He made the announcement on Twitter this morning.

His full statement is available on his Twitter feed and reproduced in full below:

"I am signing HB 1523 into law to protect sincerely held religious beliefs and moral convictions of individuals, organizations and private associations from discriminatory action by state government or its political subdivisions, which would include counties, cities and institutions of higher learning. This bill merely reinforces the rights which currently exist to the exercise of religious freedom as stated in the First Amendment of the U.S. Constitution.

This bill does not limit any constitutionally protected rights or actions of any citizen of this state under federal or state laws. It does not attempt to challenge federal laws, even those which are in conflict with the Mississippi Constitution, as the Legislature recognizes the prominence of federal law in such limited circumstances.

The legislation is designed in the most targeted manner possible to prevent government interference in the lives of the people from which all power to the state is derived."

For more coverage on this bill visit jacksonfreepress.com/lgbt.

The Mississippi Department of Mental Health released its first state plan for suicide prevention today; a workgroup composed of state agency workers and other advocates formed in April to help finalize the two-year prevention plan. In Mississippi, suicide is the third leading cause of death among young people ages 10-24 years old.

The plan's release coincides with Suicide Prevention Awareness Month, which is in September.

“Whether we realize it or not, many of our friends and neighbors have been affected by suicide or mental illness,” DMH Executive Director Diana Mikula said in a press release. “Suicide affects people across all ages, races, and backgrounds, but through collaboration, sharing resources, and working towards common goals, we can prevent the tragedy of suicide.”

Suicide is the 12th leading cause of death overall in Mississippi, and the state's suicide rates also increase with age, the report shows. Men in Mississippi commit suicide at much higher rates than females their age.

The suicide prevention hotline is: 1-800-273-TALK (8255). The number will connect you to a counselor in a local crisis center.

Community leaders will hold a press conference at the Mississippi State Capitol next week to call on Mississippi Gov. Phil Bryant to issue an apology to Mississippians during “Racial Reconciliation Month”.

They are asking Gov. Bryant to apologize for his refusal to back the removal of the Confederate symbol from the Mississippi flag, and for his declaration of the month of April as "Confederate Heritage Month," a press release says.

Duvalier Malone, a Mississippi native, who was a part of the Take It Down America movement, which culminated in a rally in Washington, DC to bring awareness to the Mississippi state flag, is helping to organize the press conference next Thursday, October 13 at the Capitol at 11 a.m.

In order for any reconciliation to take place, the Governor and the state of Mississippi must first join the rest of America in the denunciation of the Confederate emblem, and all that it stands for, Malone said in a press release. Malone has spoken on how hate crimes link the Confederate symbol to the swastika, the emblem of Nazi Germany.

“It's time for us to recognize that although the Confederate symbol and the Nazi symbol originate from different countries," he said in a press release. "They are equals in terms of hate, intolerance and bigotry.”

The Mississippi Black Legislative Caucus will continue to slow down Republican lawmakers and the legislative process after House Bill 868 set off a debate Wednesday. Rep. Earle Banks, D-Jackson, said his caucus is not going to give up their slim majority and even after a meeting with the Speaker today, have not changed their position.

Rep. Banks said that House Bill 868, which would re-district Simpson County into the same Supreme Court district as Hinds and Madison counties, caused the caucus to vote to slow down the process yesterday. House Bill 868 prompted hours-long debate on Wednesday but ultimately passed to the Senate (after a tabled motion to reconsider).

Today, the Black Legislative Caucus opposed House Bill 14, which would create a moratorium on superintendent salary increases for school districts with C, D and F grades. They asked that the 431-page bill be read, after a long debate on the bill. The bill is still being read and has yet to be voted on. To listen to the live reading click here.

Below is the Black Legislative Caucus' press release in full, from Rep. Banks:

"During the 2016 Legislative Session, the Mississippi House Republicans have hosted one substantive hearing this session. That was on the election dispute involving Bo Eaton and Greg Tullos.

There, the Republican Leadership ignored the testimony of election experts; including the local election commissioners and the Secretary of State; and threw out 5 duly recorded votes. So it's not surprising that the House GOP has given up on the pretense of debating and vetting policy.

Instead, they have rushed out bills that would wreck public education; change voting districts; and throw up bureaucratic red tape for public health programs. Last summer, Speaker Phillip Gunn made a promise that he would not involve any democrats in the policy process. And so far, he has kept his word.

Now comes House Bill 868 which greatly reduces the black vote in the central district. Which in turn would insure a majority white representation from the Supreme Court to the Public Service commissioner. The current political climate in the State of Mississippi has changed like fall winter night as the Republicans have displayed their might in pushing bad legislation to the deferment of our State.

Today, caucus members met with Speaker Gunn to discuss our concerns. As a result, the Mississippi Legislative Black Caucus has not changed its position to slow down the process by which Republican lawmakers are passing bills we view as detrimental to Mississippians."

Mississippi native Duvalier Malone has started a petition to remove the Confederate symbol from the Mississippi state flag. The online petition form has over 1,100 signatures. In a statement, Malone said he "wants to create enough momentum for Mississippi to have another referendum vote on the flag, which will hopefully result in positive change."

The petition is written in letter format, and Malone cites recent racially motivated violence in Jackson as well as the Charleston massacre, saying that positive change can come from such atrocities.

He writes, "Now is the time to join forces and face this issue, which has cast a shadow on our state for too long. Even Republican Mississippi House Speaker Philip Gunn agrees: Now is the time to leave the Confederate battle flag behind us -- before another innocent person is attacked in its name."

As previously reported by the Jackson Free Press, unless Gov. Bryant calls a special session, the flag debate will have to wait until January for the Legislature. If the petition turns into a ballot initiative, it would need a minimum of 107,216 signatures, with specific number requirements from each of the five congressional districts.

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Gov. Phil Bryant has signed the Jackson airport 'takeover' bill into law. Sen. Josh Harkins, R-Flowood, announced the news on his Facebook page today, with a photo and a message that said:

"Gov Phil Bryant just signed the airport bill, SB 2162. I believe that this will have a great impact on the future of our airport and its economic impact on our state. I am proud to have authored this bill and appreciate my good friend, Rep. Mark Baker, for carrying the bill in the house. I also appreciate the Lt. Gov, Speaker, Senate and House members that supported the bill."

Update 7:35 p.m.: Mayor Tony Yarber issued this statement regarding SB 2162, "The City of Jackson maintains its position that this unconscionable legislation hijacks the City's authority to operate its municipal airports. Gov. Phil Bryant's signing of the bill shows he has sided with the cell of lawmakers and entrepreneurs commissioned to commandeer the City's municipal airports. We will not yield to the legislation, but will challenge its constitutionality. Senate Bill 2162 is unconstitutional and not supported by either state or federal law. Be assured that the officials with the City of Jackson will continue to stand up for its citizenry when it comes to unconstitutional measures."

For coverage of the airport 'takeover' bill visit: jacksonfreepress.com/airport.