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Appeals Court Reinstates Anti-LGBT Law in Mississippi

Mississippi's Republican leadership praised Thursday's ruling by a three-judge panel of the United States' 5th Circuit Court of Appeals re-instating the state's controversial 2016 legislation that opponents said would lead to discrimination against gays and other groups on religious grounds.

By Bobby Harrison

Mississippi's Republican leadership praised Thursday's ruling by a three-judge panel of the United States' 5th Circuit Court of Appeals re-instating the state's controversial 2016 legislation that opponents said would lead to discrimination against gays and other groups on religious grounds.

The Protecting Freedom of Conscience from Government Discrimination Act was struck down hours before it was slated to be enacted on July 1, 2016, by U.S. Judge Carlton Reeves of the Southern District of Mississippi.

But upon appeal by Gov. Phil Bryant, the three-judge panel overturned Reeves' decision, saying the federal courts could not rule on the law until someone suffered actual harm, such as discrimination, because of the law.

While the panel did not rule on the merits of the case, Bryant, Speaker Philip Gunn, R-Clinton, and Republican Lt. Gov. Tate Reeves, who presides over the Senate, hailed Thursday's ruling of the three judge panel.

"The whole objective was to protect religious freedoms. We are pleased to see that is now in effect," said Gunn, who was the primary author of the legislation.

Bryant, who led the appeal, said, "I am pleased the 5th Circuit has ruled to dismiss the case and allow House Bill 1523 to become law. As I have said all along, the legislation is not meant to discriminate against anyone, but simply prevents government interference with the constitutional right to exercise sincerely held religious beliefs."

And Reeves said in a statement, "House Bill 1523 simply protected Mississippians from government interference when practicing their deeply held religious beliefs, and I appreciate the 5th Circuit clearing the path for this law to take effect."

Groups differed on the practical application of the religious freedom law. The bill said that circuit clerks or their deputies could not be forced to issue marriage licenses to gay couples if they had a religious objection. But the state would be responsible for ensuring the license was issued. Businesses also could not be forced to provide services for gay weddings and for other events on the grounds of religious objections.

The 5th Circuit acknowledged the bill identifies and protects three beliefs:

* A marriage is between a man and a woman.

* Sex is reserved for married couples.

* A person's gender is determined at birth.

The multiple people challenging the ruling have several options, including trying to prove the law caused injury to a person or appealing the ruling.

In overturning the bill just before it became law, Reeves said, it was "the state's attempt to put LGBT citizens back in their place" after the United States Supreme Court approved gay marriage.

Rob Hill, state director of the Human Rights Campaign, said during a news conference from his group's Jackson office, that he is "greatly disappointed" with the Appeals Court ruling. "This law is now the most discriminatory law in the nation...We don't want hate in our state."

He added, "The fight is far from over" in trying to overturn the law through both the courts and in the judiciary.

The office of Mississippi Attorney General Jim Hood defended the law in front of Reeves, but opted not to pursue an appeal. At the time, Hood, Mississippi's only statewide elected Democrat, said politicians should focus on improving the overall economy of the state and not on costly legal fights.

In a statement Thursday, Hood said since the Appeals Court did not rule on the merits of the law "this decision means that new and additional lawsuits will likely be filed against the state, state officials, and county officials resulting in protracted litigation at taxpayer expense."

The American Family Association issued a statement applauding the decision.

"Religious freedom has been under assault in our country, especially against Christians," said AFA President Tim Wildmon. "This decision is another reason to give thanks to the Lord, and AFA also thanks our friends at the Alliance Defending Freedom for taking this case up on behalf of the people of Mississippi."

(c)2017 the Northeast Mississippi Daily Journal (Tupelo, Miss.)

Caroline Cournoyer is GOVERNING's senior web editor.
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