LGBT rights in Mississippi

LGBT rights in Mississippi

Same-sex sexual activity legal? Legal since 2003
Gender identity/expression Altering sex on birth certificate requires sex reassignment surgery
Discrimination protections None statewide
Family rights
Recognition of
relationships		 Yes
Restrictions:
 Constitution limits marriage to one man/one woman (ruled unconstitutional)
Adoption Joint adoption ban ruled unconstitutional. Legal.

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Mississippi face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Mississippi. Same-sex couples and families headed by same-sex couples are not eligible for all the protections available to opposite-sex married couples. Same-sex marriage is legal in accordance with the Supreme Court's decision in Obergefell v. Hodges.

Law regarding same-sex sexual activity

Same-sex sexual activity has been legal in Mississippi since 2003, when the United States Supreme Court struck down all state sodomy laws with Lawrence v. Texas.[1]

Same-sex marriage in Mississippi

On August 24, 1996, Governor Kirk Fordice issued an executive order banning same-sex marriage in the state.[2] A statute banning same-sex marriage took effect on February 12, 1997.[3] On November 4, 2004, voters approved a constitutional amendment that defined marriage as the union of one man and one woman.[4]

On November 25, 2014, Carlton W. Reeves, district judge of the U.S. District Court for the Southern District of Mississippi, ruled Mississippi's ban on same-sex marriage unconstitutional, but stayed enforcement of his ruling until December 9.[5] On December 4, the Fifth Circuit Court of Appeals issued a stay pending appeal.[6]

On June 29, 2015, following the ruling by the U.S. Supreme Court on June 26 in Obergefell v. Hodges that held bans on same-sex marriage unconstitutional, Attorney General Jim Hood informed the state's circuit clerks that they could issue marriage licenses to same-sex couples and that refusal to do so might invite lawsuits on the part of those denied licenses.[7]

Adoption and parenting

Mississippi has been required to recognize adoption rights for same-sex couples since a federal court ruling in March 2016, which struck down a statutory ban on same-sex couples adopting children jointly. The following details the history of this process.

Mississippi has always permitted adoption by an unmarried adult without regard to sexual orientation. Couples of the same gender may not adopt jointly[8] as a result of the state adopting a law banning adoption and fostering by same-sex couples in 2000. By early 2015 Mississippi was the only state that continued to enforce such a ban.[9]

In February 2013, Ronnie Musgrove, who as governor in 2000 had signed the ban, described how his views had changed and that the law "made it harder for an untold number of children to grow up in happy, healthy homes in Mississippi–and that breaks my heart".[10] On August 12, 2015, the Campaign for Southern Equality, the Family Equality Council, and four Mississippi same-sex couples filed a lawsuit challenging that ban in federal court. Their complaint noted that as of 2014 29% of Mississippi households headed by a same-sex-couple included children under the age of 18, the highest percentage in any U.S. state.[9]

On March 31, 2016, U.S. District Judge Daniel Jordan issued a preliminary injunction striking down Mississippi's ban on adoption rights for same-sex couples, declaring it unconstitutional. A spokeswoman for the state's Attorney-General responded to the ruling by stating; ‘‘We respect the district court’s analysis of the law and will consult with the Department of Human Services on what options to take going forward.’’ Any appeal is considered unlikely to succeed. The ruling made Mississippi the 50th and final state in the United States to allow same-sex couples to have adoption rights.[11][12][13] The ban was officially declared dead on May 2, 2016 after a deadline passed at midnight for Mississippi officials to appeal the federal ruling. One of the plaintiffs, Susan Hrostowski along with her wife, Kathryn Garner said: "I’ve been waiting 16 years to be able to adopt my son, so I’m overjoyed about that." Beginning May 3, 2016, any same-sex couples in the state of Mississippi may adopt children legally.[14][15]

Discrimination protection

Mississippi law does not positively address discrimination based on gender identity or sexual orientation.[16]

Mississippi Student Religious Liberties Act of 2013

Mississippi Religious Freedom Restoration Act

Religious Liberty Accommodations Act

Local non-discrimination resolutions

The following cities have local inclusive non-discrimination resolutions:

On January 6, 2015, the Starkville city council voted 5-2 to repeal the equality resolution for sexual orientation and gender identity in the city.[24][25] On January 8, 2015, Mayor Parker Wiseman vetoed the bill.[26] On January 21, 2015, the Starkville city council voted 5-2 to override the mayor's veto and repeal the equality resolution.[27]

Hate crime laws

State law does not address hate crimes based on gender identity or sexual orientation.[28]

References

  1. ↑ "Mississippi Sodomy Law". Hrc.org. Retrieved December 5, 2013.
  2. ↑ "Mississippi Governor Bans Same-Sex Marriage". New York Times. August 24, 1996. Retrieved November 26, 2014.
  3. ↑ Senate Bill 2053
  4. ↑ Roberts, Joel (November 2, 2004). "11 States Ban Same-Sex Marriage". CBS News. Associated Press. Retrieved November 26, 2014.
  5. ↑ Geidner, Chris (November 25, 2014). "Mississippi's Same-Sex Marriage Ban Is Unconstitutional, Federal Judge Rules". BuzzFeed News. Retrieved November 25, 2014.
  6. ↑ "Order and Opinion: Stay pending appeal granted". Scribd.com. Fifth Circuit Court of Appeals. Retrieved December 4, 2014.
  7. ↑ Royals, Kate (June 29, 2015). "AG gives clerks OK for same-sex marriage licenses". The Clarion-Ledger. Retrieved June 29, 2015.
  8. ↑ "Mississippi Adoption Law". Human Rights Campaign. Retrieved May 15, 2011.
  9. 1 2 Lewin, Tamar (August 12, 2015). "Mississippi Ban on Adoptions by Same-Sex Couples Is Challenged". New York Times. Retrieved August 12, 2015.
  10. ↑ Musgrove, Ronnie (March 20, 2013). "Portman's Conversion Should Be a Lesson". Huffington Post. Retrieved August 12, 2015.
  11. ↑ "Judge blocks Mississippi ban on adoption by same-sex couples". The Boston Globe. 31 March 2016.
  12. ↑ "Judge Invalidates Mississippi's Same-Sex Adoption Ban, the Last of Its Kind in America". Slate. 31 March 2016.
  13. ↑ "Federal judge tosses same-sex adoption ban". Mississippi Today. 31 March 2016.
  14. ↑ Holden, Dominic (May 2, 2016). "Mississippi's Gay Adoption Ban Dead After State Fails To Appeal Ruling". BuzzFeed News.
  15. ↑ Prakash, Nidhi (May 3, 2016). "Same-sex adoption is finally legal in all 50 states". Fusion.
  16. ↑ "Mississippi Non-Discrimination Law". Human Rights Campaign. May 15, 2011.
  17. ↑ Ferretti, Haley (June 3, 2014). "Jackson Passes Pro-LGBT Resolution | Jackson Free Press | Jackson, MS". Jackson Free Press. Retrieved June 29, 2014.
  18. ↑
  19. ↑ Showers, Al. "Bay St. Louis passes measure supporting LGBT community". WJHL.com. Retrieved June 29, 2014.
  20. ↑ "Fifth Mississippi City Council Passes Pro-LGBT Resolution | Human Rights Campaign". Hrc.org. April 30, 2014. Retrieved June 29, 2014.
  21. ↑ "Magnolia, MS Passes Pro-LGBT Resolution | Human Rights Campaign". Hrc.org. April 22, 2014. Retrieved June 29, 2014.
  22. ↑ Lowrey, Erin (March 4, 2014). "Oxford, MS unanimously passes Pro-LGBT resolution - WDAM.COM - TV 7 - News, Weather and Sports". Wdam.Com. Retrieved June 29, 2014.
  23. ↑ "Hattiesburg follows Starkville in passing diversity resolution". Yall Politics. February 19, 2014. Retrieved June 29, 2014.
  24. ↑ Starkville passes equality resolution supporting LGBT residents, others
  25. ↑ Mississippi town rescinds health coverage for unmarried domestic partners
  26. ↑ Starkville mayor vetoes board's repeal of equality resolution
  27. ↑ Starkville, Mississippi Officials Override Mayor's Veto, Repeal Historic Gay-Rights Initiatives
  28. ↑ "Mississippi Hate Crimes Law". Human Rights Campaign. Retrieved May 15, 2011.
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