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April 5, 2016

Gov. Bryant Has Signed HB1523 Into Law

By adreher

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.

April 5, 2016

AG Hood: HB 1523 'Will Not Protect' State Officials from Federal Lawsuits

By adreher

Several organizations have issued statements responding to Gov. Phil Bryant signing House Bill 1523 into law. Mississippi law professors from both the University of Mississippi and Mississippi College law schools and legal scholars issued this memo, saying the bill violates the First Amendment.

Vermont, New York, Seattle and Washington D.C. have issued travel bans to the state as a result of the bill being signed. Attorney General Jim Hood issued a statement warning that House Bill 1523 will not protect state officials from federal lawsuits if they violate federal statutes.

Attorney General Jim Hood “Any lawsuit challenging the constitutionality of House Bill 1523 will have to be evaluated on a case-by-case basis. We would caution government officials and others that House Bill 1523 does not override federal law or constitutional rights. If a person or government official violates a federal statute or constitutional provision, House Bill 1523 will not protect that official from a federal lawsuit or from potential personal liability under federal law.”

Rep. Jeramey Anderson, D-Moss Point

Rep. Anderson released a statement on Twitter regarding HB 1523 which was signed into law by Governor Phil Bryant today:

“In high school, I was educated about Jim Crow laws and practices, I never once thought, I would be a part of a state legislature that would create such discriminatory and unethical practices based on Christian beliefs or religious practices, the same Christian beliefs that encourage you to love your neighbor and not to pass judgment. We use religion as a shield to discriminate. The work this state has invested to progress past our dark past was challenged today when the Governor signed this discriminatory bill. Not only is this a setback to our State’s economy but it is also a setback for our young bright and talented Mississippi children who call Mississippi their home. First an underfunded public education system, crumbling infrastructure and now a discriminatory bill into law. Mississippi has to rise above and not continue to make national news for all the negative impacts on Mississippians. I firmly believe that an inequality for one is an inequality for all. I will continue to fight to ensure equality for all.”

The Democratic National Committee Verbatim Statement on HB1523 below:

Upon news that Mississippi Governor Phil Bryant has signed the discriminatory House Bill 1523 into law, DNC Chair Rep. Debbie Wasserman Schultz issued the following statement:

“It’s embarrassing, shameful, and truly perplexing that the Republicans still don’t get it. LGBT Americans are entitled to equal protection under the law, just as everyone else. No exceptions. No allowances for discrimination. That we’re even still debating this in 2016 boggles the mind.

“‘Right to Discriminate’ measures signed into law by Republican governors are proof that the Republican Party’s leaders are stuck in the dark ages when it comes to equality and that they've been on a divisive path toward destruction since long before Donald Trump ran for president. In fact, the Republican National Committee has …

April 7, 2016

U.S. Rep. Bennie Thompson Asks U.S. AG Lynch to 'File Suit' Against Mississippi for HB1523

By adreher

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

April 11, 2016

5th Circuit Dismisses Google's Lawsuit Against AG Hood

By adreher

The 5th U.S. Circuit Court of Appeals has dismissed the Google lawsuit against Attorney General Jim Hood.

The 5th Circuit struck down a lower court's injunction that prevented Attorney General Jim Hood from enforcing the administrative subpoena or bringing any civil or criminal action against Google “for making accessible third-party content to internet users.” The 5th Circuit said that Google's case against Hood should be remanded to the lower court and dismissed as well as the preliminary injunction removed.

The Court did not rule on the merits of Hood's subpoena, which sought "sought information on Google’s platforms, advertising practices, and knowledge of and efforts to police 'dangerous' or 'illegal' content such as prescription or illicit drug sales, drug abuse, credit card leaks, fraudulent identification documents, human trafficking, and copyright infringement."

AG Hood will hold a press conference today at 1:30 p.m. to discuss the lawsuit.

April 20, 2016

Governor To Cut $25 Million from Agency Budgets

By adreher

Most state agencies will have to take a $25 million budget cut spread across the board due to low revenue, a letter from Gov. Phil Bryant states.

The budget cut will mean a .43% cut to most state agencies' budgets except Vocation and Technical Education, Student Financial Aid, Schools for the Blind and Deaf, Veterans Affairs and Military will be excluded as well as "agencies excluded due to court orders or statutory exemptions."

The governor is also taking $10 million from the state's rainy day fund to stabilize the fiscal-year 2016 budget. In his letter to Kevin Upchurch at the Department of Finance, Gov. Bryant says he is hopeful that $35 million is "will be sufficient and that no further action will be necessary in FY 2016."

Revenue collections through March have been $122 million below the revenue estimates used when the FY2016 budget was adopted, the letter states.

April 22, 2016

Belinda Carlisle Will Perform in Mississippi, Despite HB1523

By adreher

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

April 26, 2016

Prominent LGBT Attorney Gives State May 2 Deadline Before Lawsuit: HB1523 Raises 'Serious Concerns'

By adreher

New York-based attorney Roberta Kaplan, who litigated and won the case to end Mississippi's ban on same-sex marriage, sent a letter to Mississippi leaders regarding House Bill 1523 on Monday, Slate reported, saying she and her legal team at Paul, Weiss LLC had "serious concerns" about the bill violating a permanent injunction issued last July in the Campaign for Southern Equality v. Bryant case.

The letter states that "the July 2015 injunction requires that Mississippi, in accordance with the dictates of the United States Constitution, treat any gay or lesbian couple that seeks to marry the same as any straight couple that seeks to do so." The letter was addressed to Gov. Phil Bryant, Attorney General Jim Hood and Judy Moulder at the State Registrar for Vital Records. Kaplan asks that they ensure that the 2015 injunction is complied with and that those state officers provide them with:

  • notices for any individual who has filed recusal notices pursuant to HB 1523
  • a full and complete explanation of all steps that each individual seeking recusal (or any person acting on behalf of that individual, including in a supervisory capacity) will take to ensure that gay and lesbian couples are not impeded or delayed when seeking to marry in the relevant county
  • whether the individual seeking recusal intends to continue issuing marriage licenses to straight couples, while at the same time refusing to participate in issuing licenses to gay and lesbian couples

Kaplan also asks Mississippi leaders to "agree to provide us with this same information in connection with any clerks who seek to recuse themselves in the future within one week after such information becomes available."

In her letter, Kaplan sets a deadline of May 2, 2016, for state officers to comply with their request "either in whole or in part, so we can be in a position to evaluate whether we will need to seek further relief from the Court."

April 28, 2016

Rep. Kimberly Campbell to Leave House of Representatives

By adreher

Rep. Kimberly Campbell, D-Jackson, will leave the Mississippi House of Representatives by the end of May. She broke the news on her Facebook page last night, announcing that she had accepted the role of state director of AARP in Mississippi.

Campbell represents District 72, which includes parts of northwest Jackson, and she served in the House for almost nine years. In her Facebook post, Campbell said she was leaving on he own terms. Parts of Campbell's Facebook post is reproduced below:

"Having held Vice-Chairman roles under both Democratic and Republican leadership in the House, I have been committed to working across partisan lines to better all of the citizens of MS. However, there are seasons we all find ourselves. This is my season for change. My work at the State House is complete. It's time to release the reins for someone else to have an opportunity to serve and lead District 72. I will ALWAYS love the citizens of House District 72. But when God says, 'move'... You must heed his call! There are some offers, you just CANNOT refuse! I'll be resigning from the House of Representatives by the close of May."

May 3, 2016

No Confirmed Measles Cases in Mississippi; Health Dept. Takes Precautions

By adreher

Below is a press release from the Mississippi Department of Health, with an update on the measles outbreak in Shelby County, Tennessee and Mississippians affected by the outbreak:

The Mississippi Department of Health is monitoring four unimmunized Mississippi residents who were exposed to measles in Shelby County, Tennessee. The Shelby County measles outbreak began in early April 2016.

While no cases have been confirmed in Mississippi, MSDH is monitoring these exposed individuals closely. They are under home quarantine and the supervision of a physician. State Epidemiologist Dr. Thomas Dobbs says this is why getting and remaining up to date on vaccinations is critically important.

“Measles is literally knocking at our back door. This is a highly contagious, airborne disease and is easily spread from person to person. Unvaccinated individuals are highly susceptible to infection. This is a potentially deadly virus; infants and those with weakened immune systems are most at risk.”

The MSDH is strongly recommending that Mississippi children 12 months of age or older who are behind on measles vaccination call their primary healthcare provider immediately.

As of yesterday, Tennessee reported six confirmed cases. The Shelby County Health Department has a website listing location sites and times where infected individuals may have exposed others. Mississippi residents who have recently traveled to the area can go to http://www.schdresponse.com/content/measlesoutbreak for more information and instructions. People can get sick up to 21 days after exposure to measles.

Mississippi residents with possible exposure should call his or her medical provider immediately if they develop fever or rash within 21 days. Symptoms of measles include a high fever, cough, runny nose, red eyes, and a rash.

Mississippi healthcare providers have been made aware of the situation; measles is a Class One reportable condition requiring notification to MSDH within 24 hours. The MSDH is working closely with health partners in Memphis and Tennessee to maintain awareness of this evolving outbreak.

May 4, 2016

Gov. Bryant: 'I Will Support Donald Trump'

By adreher

Gov. Phil Bryant released the following statement after Sen. Ted Cruz suspended his presidential campaign:

"Tonight, Sen. Ted Cruz ended his hard-fought run for the Republican nomination for president. I congratulate him on his effort. I believe he is a true patriot and admire his stand. He will continue his conservative mission for a better America. We now turn our attention to the Republican nominee, Donald Trump, and the election in November. I will support Donald Trump to stop Hillary Clinton from becoming president of these United States. He now has the responsibility and certainly the ability to unite this Grand Old Party and go on to victory. As a conservative, I will find common cause in this election because the possibility of a Clinton victory is unacceptable. We now join together."

May 4, 2016

Governor Signs Jackson Airport 'Takeover' Bill into Law

By adreher

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.

May 10, 2016

Legislative Leadership: General Fund Revenues 'Overestimated by $56.8 Million'

By adreher

Below is a verbatim press release from Lt. Gov. Tate Reeves and House Speaker Philip Gunn:

JACKSON – "Late last week, we were made aware of a staff error that led to expected general fund revenues to be overestimated by $56.8 million during the FY2017 budget negotiations,” said Lieutenant Governor Tate Reeves and Speaker Philip Gunn in a joint statement. “This error has no impact on the current year budget."

As a reminder, the Legislature anticipates unallocated balances of an approximate total of $490 million, including $347.7 million in the Working Cash Stabilization Reserve Fund, $32.8 million in the Capital Expense Fund, and $108.5 million in the Budget Contingency Fund,” they continued. “Unless revenues outperform expectations during the first six months of the next fiscal year, this anticipated shortfall will be addressed during the 2017 legislative session."

May 13, 2016

Congressman Thompson Asks NCAA to Review House Bill 1523

By adreher

Congressman Bennie G. Thompson wrote a letter to NCAA President Mark Emmert, asking him to review House Bill 1523 and advise Thompson on the sanctions that the state’s NCAA member institutions may face as a result of the law. On April 27, the NCAA board adopted a new requirement for sites hosting or bidding on NCAA events in all divisions. All sites must "demonstrate how they will provide an environment that is safe, healthy, and free of discrimination, plus safeguards the dignity of everyone involved in the event."

In a press release, Thompson announced:

“Today, I wrote to NCAA President Mark Emmert asking him to review Mississippi’s HB 1523 and advise me on all implications that our state’s institutions may face as a result of this bill. Currently, Mississippi is the only state still banned from hosting predetermined NCAA postseason events because of the confederate imagery on the state flag. I am deeply concerned that the governor’s insensitive and ill-advised signing of this discriminatory so-called “religious freedom” law will draw further sanctions from the NCAA so I have called on the organization to review the bill and advise me on just how much the state stands to lose as a result of this law.”

“It is possible that the state may lose the right to host predetermined and non-predetermined events and championships. For example, three of our state’s baseball teams are currently ranked in the Top 25 in the country. It may be possible, that despite their athletic achievements, they will be prevented from hosting postseason tournaments and championships on their home fields because the governor and the legislature felt it necessary to sanction discrimination.”

“Athletics is an important part of our state’s heritage and our sports teams and colleges have historically had a great deal of success. This law may cost our state vital tourism money, opportunities for economic development, and much-needed support for those NCAA member institutions. I would like to have this law reviewed and have the NCAA explain the potential repercussions so that we all know just how much we stand to lose in the name of discrimination and inequality.”

May 18, 2016

ACLU of Mississippi Responds to GOP House Reps Letter to Dr. Wright

By adreher

The following is a statement from American Civil Liberties Union of Mississippi Executive Director Jennifer Riley-Collins in response to the group of Mississippi House Republicans who have asked state Superintendent Dr. Carey Wright to step down if she follows the White House’s directive on protecting transgender students’ rights. Some Mississippi Republican Senators have also sent a letter to Wright, asking her to not follow the White House's directive:

“The Mississippi GOP Representatives’ response and threat to the State Superintendent is, yet, another step in the wrong direction. Transgender youth are entitled to the same educational opportunities, anti-harassment protections, and expressive freedoms as other students.

The Obama administration’s guidance is simply providing schools with clarity as to the legal obligations that they already had under Title IX. With this guidance, there should now be absolutely no question as to what schools need to do to ensure they are upholding their obligations under federal civil rights law regarding the treatment of transgender students.

Schools must enforce their dress codes equally and equitably. Schools should permit transgender students to comply with the dress code that reflects their gender identity. The obligation of schools to keep transgender students safe extends to bathrooms and locker rooms. A transgender student should be able to use the bathroom that reflects his or her gender identity. Isolating transgender students, as well as threatening a government official who is asked to follow the law (Title IX), sends, yet, another message that it is acceptable to discriminate in Mississippi.

The ACLU of Mississippi stands ready to defend any student treated differently because of their gender identity or sexual orientation. School should be a safe place for all students.”

May 19, 2016

U.S. House Approves Bill With Amendment to Ban Confederate Flags at VA Cemeteries

By adreher

Today the U.S. House of Representatives passed a Veteran's Affairs spending bill that had contains an amendment that will ban Veteran Affairs cemeteries from flying Confederate flags. The vote on U.S. Rep. Jared Huffman's (D-CA) amendment ignited debate yesterday in the House but passed this morning by a vote of 265-159. The bill has a ways to go to become law, however, as it will head to the U.S. Senate next.

U.S. Rep. Bennie G. Thompson (D-MS) released the following statement regarding today’s vote in the House of Representatives to approve an amendment to the Department of Veteran’s Affairs spending bill that will limit the display of Confederate flags at national cemeteries:

“I am very pleased with the result of today’s vote to approve an amendment from my colleague Representative Jared Huffman to limit the display of confederate flags at national cemeteries. The Confederate flag belongs in a museum along with other relics of the past and not in a place of prominent display such as cemeteries run by the Department of Veteran’s Affairs.”

“Although it was very disappointing that many in the Republican party voted to cling to the last vestiges of slavery and support the flag that represents the darkest times in our country, I am encouraged that many hearts and minds have been changed and that this symbol will no longer fly above VA cemeteries.”

May 26, 2016

Reeves Commends Bryant for Joining Transgender Bathroom Lawsuit

By adreher

Below is a verbatim press release from Lt. Gov. Reeves supporting Gov. Phil Bryant's decision to join the lawsuit challenging Obama's transgender school bathrooms directive:

"Lt. Gov. Tate Reeves today commended Gov. Phil Bryant for joining a lawsuit challenging the federal directive to open bathrooms in Mississippi schools to both sexes.

“I appreciate Gov. Bryant representing Mississippi kids’ interest in this lawsuit fighting massive federal overreach into our communities,” Lt. Gov. Reeves said."

June 3, 2016

Pastors, Community Advocates File Third Legal Challenge to HB1523

By adreher

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 …

June 10, 2016

UPDATED: MDOC Will Close Walnut Grove Correctional Facility by September

By adreher

The Mississippi Department of Corrections plans to close the Walnut Grove Correctional Facility by September due to "budget constraints and the prison population," a press release from MDOC says.

“MDOC’s budget is lower than what we anticipated,” Commissioner Marshall Fisher said in a press release. “Pursuant to an intensive budget review and evaluation, we have determined this is the most prudent action. We have the space in our state-run prisons to house the 900 inmates at Walnut Grove.”

Management and Training Corporation, which ran Walnut Grove, manages three other privately-operated prisons in the state (Marshall County Correctional Facility, East Mississippi Correctional Facility and Wilkinson County Correctional Facility), and Fisher said in a release that he is pleased with MTC.

“We look forward to continuing to work with MTC,” Fisher said in a release. “Ending our contract for Walnut Grove is about being fiscally responsible.”

MTC has operated the Walnut Grove Correctional Facility since 2012, and the current contract cost is $14.6 million annually.

“We are disappointed by the news but also understand the state must do what’s in the best interest of the taxpayers,” said MTC Senior Vice President of Corrections Bernie Warner said in a press release from the company. “Our hearts go out to the excellent staff at the facility. We have some of the best corrections professionals in the business at the facility, and we know this will be very difficult for them. We will do our best to help make the transition as smooth as possible.”

June 14, 2016

Third Lawsuit, Fourth Legal Challenge Filed Against HB1523

By adreher

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.

June 15, 2016

Southern Baptist Convention: 'Discontinue the Display of the Confederate Battle Flag'

By adreher

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."