Religious Liberty Accommodations Act

Protecting Freedom of Conscience from Government Discrimination Act.
Mississippi Legislature
An Act To Create The "protecting Freedom Of Conscience From Government Discrimination Act"; To Provide Certain Protections Regarding A Sincerely Held Religious Belief Or Moral Conviction For Persons, Religious Organizations And Private Associations; To Define A Discriminatory Action For Purposes Of This Act; To Provide That A Person May Assert A Violation Of This Act As A Claim Against The Government; To Provide Certain Remedies; To Require A Person Bringing A Claim Under This Act To Do So Not Later Than Two Years After The Discriminatory Action Was Taken; To Provide Certain Definitions; And For Related Purposes.
Citation H.B. 1523
Enacted by Mississippi House of Representatives
Date passed February 19, 2016
Enacted by Mississippi State Senate
Date passed March 30, 2016
Date signed April 5, 2016
Signed by Governor Phil Bryant
Date effective July 1, 2016; enjoined
Introduced by Speaker Philip Gunn
Related legislation
Mississippi Student Religious Liberties Act of 2013; Mississippi Religious Freedom Restoration Act
Status: Not yet in force

The Religious Liberty Accommodations Act, also called the Protecting Freedom of Conscience from Government Discrimination Act or House Bill 1523, is a 2016 Mississippi law that protects the following beliefs: Marriage is or should be recognized as the union of one man and one woman, sexual relations are properly reserved to such a marriage, and male (man) or female (woman) refer to an individual's immutable biological sex as objectively determined by anatomy and genetics at time of birth.[1]

It also states that the state government of Mississippi shall not take any discriminatory action against a religious organization when it comes to issuing marriages, employment (including state employees), sale, rental, housing, adoption, declines to participate in sex reassignment surgery, conversion therapy, or services that accommodate or facilitates marriages "based upon or in a manner consistent with a sincerely held religious belief or moral conviction."[1]

This legislation was to into effect from July 1, 2016, however on June 30 U.S. District Court Judge Carlton W. Reeves issued a preliminary injunction blocking the law. Three days before he had issued a permanent injunction requiring government officials to issue marriage licenses to same-sex couples regardless of the officials' religious beliefs.[2]

Background

On June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that the denial of marriage rights to same-sex couples is unconstitutional, thus legalizing same-sex marriage in Mississippi.[3]

On 31 March 2016, U.S. District Judge Daniel Porter Jordan III issued a preliminary injunction striking down Mississippi's ban on adoption rights for same-sex couples, declaring it unconstitutional.[4][5]

Legislative history

Representatives Philip Gunn, William Tracy Arnold, C. Scott Bounds, Lester Carpenter, J. Andrew Gipson, William Shirley, Randy Boyd, and Dan Eubanks officially introduced House Bill 1523, titled "Protecting Freedom of Conscience from Government Discrimination Act".[1]

On February 19, 2016, the Mississippi House of Representatives passed the bill, with 80 ayes, 39 nays, and 3 absent or not voting.[6]

On March 30, 2016, the Mississippi Senate passed an amended bill, with a 32 ayes, 17 nays, and 1 absent or not voting.[7]

On April 1, 2016, the Mississippi House of Representatives passed the bill as amended by the Senate, with 69 ayes, 44 nays, 7 absent or not voting, and 1 voted present.[8]

On April 5, 2016, Governor Phil Bryant signed the bill.[1] The bill went into effect on July 1, 2016.[1]

On April 12, 2016, a suspension resolution, titled the Mississippi Economic and Tourism Recovery Act, aiming at repealing HB 1523 was introduced in the Mississippi Legislature.[9][10]

Response

On April 5, 2016, the Human Rights Campaign lambasted Mississippi Governor Phil Bryant for signing into law H.B. 1523, the Religious Liberty Accommodations Act.[11]

Local government

On April 6, 2016, the Jackson City Council unanimously passed a resolution opposing HB 1523. The resolution states that Jackson acknowledges the United States Constitution, which prohibits governments from respecting an establishment of religion and protects all people equally under the law. Mayor Tony Yarber also released his own statement: "As a predominantly black city in Mississippi, the Jackson community has endured racism, discrimination and injustice over the years. We are Mississippi’s capital city, and as part of our declaration of being the ‘Bold New City,’ we will not discriminate against any individual because of race, religious beliefs or sexual orientation, nor do we support legislation that allows for such discrimination."[12]

Travel bans

States and municipalities banning publicly-funded travel to Mississippi
  Publicly-funded travel banned by state government
  Publicly-funded travel banned by city and state government
  Publicly-funded travel banned by county government
  Publicly-funded travel banned by city and county government
  Publicly-funded travel banned by city government

As of December 2, 2016, the states of California,[13] Connecticut,[14] Minnesota,[15] New York,[16] Vermont,[16] and Washington,[17] the District of Columbia,[18][19] the counties of Dane (Wisconsin),[20] Franklin (Ohio),[21] Montgomery (Maryland),[22] and Multnomah (Oregon),[23] and the cities of Baltimore,[24] Berkeley,[25] Cincinnati,[26] Dayton,[27] Honolulu,[28] Long Beach,[29] Los Angeles,[30] Miami Beach,[31] New York City,[32] Oakland,[33] Philadelphia,[18] Portland (Maine),[34] Portland (Oregon),[35] Providence,[36] Salt Lake City,[37] San Francisco,[38] San Jose,[39] Santa Fe,[40] Seattle,[17] Tampa,[18] West Palm Beach,[41] and Wilton Manors[42] have issued travel bans in response to HB 1523, barring government employees from non-essential publicly-funded travel to Mississippi, in a similar way to North Carolina.[43]

International

In April 2016, the British Foreign and Commonwealth Office issued a warning to LGBT travellers to North Carolina and Mississippi.[44][45] The Human Rights Campaign responded that it was "both frightening and embarrassing that one of our nation's staunchest allies has warned its citizens of the risks."

On May 12, 2016, the European Union released a statement condemning the Religious Liberty Accommodations Act in Mississippi and the Public Facilities Privacy & Security Act in North Carolina.[46][47]

Barber v. Bryant

Plaintiffs represented by Roberta A. Kaplan sued in the United States District Court for the Southern District of Mississippi.[48] On June 27, 2016, U.S. District Judge Carlton W. Reeves entered a permanent injunction blocking HB 1523’s provision allowing county clerks to recuse themselves from issuing marriage licenses.[49] On June 30, 2016, hours before the law was to come into force, Judge Reeves issued a preliminary injunction blocking the rest of HB 1523.[50] In a sixty page opinion finding that the law violates the Equal Protection Clause and the Establishment Clause of the United States Constitution, Judge Reeves notes HB 1523 singles out Leviticus 18 while ignoring Leviticus’s other prohibitions, such as mixing wool and linens.[50] Judge Reeves further compares Governor Bryant’s opposition to the Obergefell v. Hodges decision to Governor James P. Coleman’s opposition to the Brown v. Board of Education decision.[50]

On July 13, 2016, Mississippi Attorney General Jim Hood announced his office would not pursue an appeal of Judge Reeves' ruling. In a statement, Hood said, "... all HB 1523 has done is tarnish Mississippi’s image while distracting us from the more pressing issues of decaying roads and bridges, underfunding of public education, the plight of the mentally ill and the need to solve our state's financial mess." [51] Mississippi Governor Phil Bryant has retained the services of a private attorney, Drew Snyder, to continue the appeal in Federal court using private funds. [52]

See also

References

  1. 1 2 3 4 5 Gunn, Philip; Arnold, William Tracy; Bounds, C. Scott; Carpenter, Lester; Gipson, J. Andrew; Shirley, William; Boyd, Randy P.; Eubanks, Dan. House Bill 1523: Protecting Freedom of Conscience from Government Discrimination Act". Mississippi House of Representatives. State of Mississippi. April 5, 2016. Accessed on April 6, 2016.
  2. ↑ Judge blocks HB 1523 from starting July 1, Cassie Archebelle, WADM, July 1, 2016
  3. ↑ Royals, Kate (June 29, 2015). "AG gives clerks OK for same-sex marriage licenses". The Clarion-Ledger.
  4. ↑ "Judge Invalidates Mississippi's Same-Sex Adoption Ban, the Last of Its Kind in America". Slate. 31 March 2016.
  5. ↑ "Federal judge tosses same-sex adoption ban". Mississippi Today. 31 March 2016.
  6. ↑ "H. B. No. 1523: House Passed As Amended". Mississippi House of Representatives. State of Mississippi. February 19, 2016.
  7. ↑ "H. B. No. 1523: Senate Passed As Amended". Mississippi Senate. State of Mississippi. March 30, 2016.
  8. ↑ "H. B. No. 1523: House Passed As Amended". Mississippi House of Representatives. State of Mississippi. April 1, 2016.
  9. ↑ Reilly, Katie (April 12, 2016). "Mississippi Lawmakers Act to Repeal Religious Freedom Law". TIME.
  10. ↑ "Mississippi Democrats introduce bill to repeal HB 1523". WVIB.com. April 13, 2016.
  11. ↑ Mississippi Governor Phil Bryant Signs Law Attacking LGBT People and Families
  12. ↑ Wolfe, Anna (April 6, 2016). "Jackson City Council: We do not discriminate". The Clarion-Ledger.
  13. ↑ California will no longer pay for state workers to travel to anti-LGBT states
  14. ↑ "The Latest: Conservative leader praises Mississippi law". Times Union. April 6, 2016.
  15. ↑ "Dayton Issues New Travel Ban Against Mississippi". CBS Local. April 6, 2016.
  16. 1 2 "New York, Vermont ban official travel to Mississippi over LGBT law". NEWS10 ABC-22. April 6, 2016.
  17. 1 2 "Washington state bans official travel to Mississippi". WCSH6.com. April 6, 2016.
  18. 1 2 3 Villarreal, Yezmin (April 8, 2016). "Ten U.S. Mayors Form Pro-LGBT Coalition". The Advocate.
  19. ↑ Korzius, Rachel. "Mayor Bowser Bans City-Funded Travel To Mississippi". DCist. April 12, 2016.
  20. ↑ Shah, Parth (April 18, 2016). "Madison, Dane County Ban Employee Travel To North Carolina". Wisconsin Public Radio News.
  21. ↑ Sewell, Abby (April 26, 2016). "Franklin County commissioners ban employee travel to North Carolina, Mississippi". NBC4i.com.
  22. ↑ Riley, John (April 27, 2016). "Montgomery County Council approves resolution to ban travel to anti-LGBT states". Metro Weekly.
  23. ↑ "'I'm appalled this is happening': PDX Mayor cancels trip to Mississippi over anti-gay law". KATU. April 6, 2016.
  24. ↑ Prudente, Tim (May 10, 2016). "Baltimore mayor bans government travel to N.C., Mississippi over transgender laws". The Baltimore Sun.
  25. ↑ Bajko, Matthew (April 28, 2016). "Berkeley adopts 'hate states' travel, contract ban". The Bay Area Reporter.
  26. ↑ Coolidge, Sharon (April 11, 2016). "Cincinnati set to ban government travel to N.C., Miss.". Cincinnati Enquirer.
  27. ↑ Rodzinka, Paul (April 8, 2016). "Dayton Mayor bans travel to NC, Mississippi". WDTN.
  28. ↑ Hofschneider, Anita (April 7, 2016). "Honolulu Won't Fund Travel To NC, Miss.". Honolulu Civil Beat.
  29. ↑ Long Beach council suspends city travel to North Carolina, Mississippi due to anti-LGBT laws
  30. ↑ "Los Angeles Bars Worker Travel To North Carolina, Mississippi Over Laws". CBS Sacramento. April 15, 2016.
  31. ↑ "Miami Beach mayor sponsors resolution banning North Carolina, Mississippi travel". WPLG Local 10. April 12, 2016.
  32. ↑ "States, cities ban employee travel to Mississippi, N.C.". KENS 5. April 7, 2016.
  33. ↑ "Oakland mayor on board with travel bans". Bay Area Reporter. April 7, 2016.
  34. ↑ "Portland, Maine, bans travel to Mississippi, North Carolina". Morganton News Herald. April 26, 2016.
  35. ↑ "Hales cancels Mississippi trip due to anti-gay law ; No city travel to Mississippi until the anti-gay law is overturned". KOIN 6 News. April 6, 2016.
  36. ↑ McGowan, Dan (April 8, 2016). "Elorza bans employee travel to N.C., Miss. following controversial laws". WPRI 12.
  37. ↑ Harrie, Dan (April 12, 2016). "Salt Lake City Mayor Jackie Biskupski bans city travel to states that have passed anti-LGBT laws". The Salt Lake Tribune.
  38. ↑ Batey, Eva (April 6, 2016). "Mayor Ed Lee Bans City-Funded Travel To Mississippi After Anti-LGBT Bill Signed By Governor". SFist.
  39. ↑ Fernandez, Lisa (May 17, 2016). "San Jose Votes to Ban Government Travel to North Carolina, Mississippi". NBC Bay Area.
  40. ↑ "Santa Fe bans most travel to Mississippi, North Carolina over anti-LGBT laws". Santa Fe New Mexican. April 6, 2016.
  41. ↑ "West Palm Beach Mayor Jeri Muoio enacts city-funded travel ban to Mississippi". WPTV. April 7, 2016.
  42. ↑ Barszewski, Larry (April 8, 2016). "Wilton Manors employees won't be going to North Carolina, Mississippi". Sun Sentinel.
  43. ↑ "N.C. travel-ban count mounts, now at 18 cities". 12 News. April 14, 2016.
  44. ↑ http://www.bbc.co.uk/news/world-us-canada-36104879
  45. ↑ https://www.gov.uk/foreign-travel-advice/usa/local-laws-and-customs
  46. ↑ http://eeas.europa.eu/statements-eeas/2016/160512_02_en.htm
  47. ↑ http://www.hrc.org/blog/european-union-criticizes-anti-lgbt-laws-in-north-carolina-tennessee-and-mi
  48. ↑ Geidner, Chris. "Federal Judge Halts Mississippi Anti-LGBT Law From Going Into Effect". BuzzFeed News (30 June 2016). Retrieved 5 July 2016.
  49. ↑ Geidner, Chris (27 June 2016). "Federal Judge Criticizes Mississippi Marriage Recusal Law, Will Expand Injunction". BuzzFeed News. Retrieved 5 July 2016.
  50. 1 2 3 Green, Emma (1 July 2016). "Why Mississippi's Law on Religious rights and LGBT Discrimination Got Blocked". The Atlantic. Retrieved 5 July 2016.
  51. ↑ "AG Jim Hood won't appeal HB 1523 ruling". Clarion Ledger. 14 July 2016. Retrieved 20 July 2016.
  52. ↑ "Gov. Bryant appeals HB 1523 ruling alone, breaking with other defendants". Merdidan Star. 8 July 2016. Retrieved 20 July 2016.
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