Same-sex marriage in Mississippi

Same-sex marriage is currently not legal in Mississippi. On November 25, 2014, U.S. District Court Judge Carlton W. Reeves, of the District Court for Southern Mississippi, ruled Mississippi's ban on same-sex marriage unconstitutional, but enforcement of his ruling has been stayed pending appeal by the Fifth Circuit Court of Appeals.

Same-sex marriage

In 1978, a same-sex couple was refused a marriage license. In 1994, another same-sex couple in Ocean Springs, Mississippi applied for and was refused a marriage license.^[1]

Executive order

On August 24, 1996, Governor Kirk Fordice issued an executive order banning same-sex marriage in the state.^[2]

Statute

On January 10, 1997, the Mississippi State Senate passed a bill banning same-sex marriage in the state. On February 5, 1997, the Mississippi House of Representatives passed the bill. On February 12, 1997, Governor Kirk Fordice signed the bill into law, which took immediate effect on the same day.^[3]

Constitutional amendment

On March 1, 2004, the Mississippi House of Representatives, by a 97 to 17 vote, approved of Amendment 1, a constitutional amendment defining marriage as "only between a man and a woman" and denying recognition to same-sex marriages from other jurisdictions. On April 7, the Mississippi State Senate, by a 51-0 vote, approved the it, and on November 4, voters approved it with 86% of the vote.^[4][5][6]

Lawsuits

Campaign for Southern Equality v. Bryant

The Campaign for Southern Equality and two lesbian couples filed suit in federal district court on October 20, 2014, challenging Mississippi's statutory and constitutional denial of marriage rights to same-sex couples. Each of the couples is raising two children and one couple was previously married in Maine. Their principal attorney is Roberta Kaplan, who argued United States v. Windsor before the U.S. Supreme Court. They named as defendants in Campaign for Southern Equality v. Bryant the governor and attorney general, and the Hinds County circuit clerk who denied a marriage license to one of the plaintiff couples.^[7][8] U.S. District Court Judge Carlton Reeves held a hearing on motions for summary judgment on November 12.^[9] He ruled for the plaintiffs on November 25, finding that the state's ban did not survive rational basis review. Although Fifth Circuit precedent prevented him from using a stricter standard when considering discrimination on the basis of sexual orientation, he argued at length that the proper standard to use would be "heightened scrutiny" and he suggested the Fifth Circuit consider revisiting the question. He stayed his ruling for 14 days to allow the defendants to request a longer stay from the Fifth Circuit Court of Appeals or the U.S. Supreme Court.^[10][11]

The state defendants asked the Fifth Circuit for a stay pending appeal the next day.^[12] This was immediately opposed by the plaintiffs,^[13] who also filed a motion to expedite the appeal to coincide with hearings for De Leon v. Perry and Robicheaux v. George.^[14] On December 4, the Fifth Circuit agreed to expedite the case, but not to consolidate oral argument with its other same-sex marriage cases.^[15] It issued a stay pending appeal the same day.^[16] The Fifth Circuit heard oral argument on January 9, 2015, before Judges Patrick E. Higginbotham, Jerry E. Smith, and James E. Graves, Jr.^[17]

Czekala-Chatham v. Melancon

A lesbian couple, residents of Mississippi who wed in California in 2008, are asking the state to recognize their marriage in order to allow them to divorce. The Mississippi Attorney General's office has intervened in their divorce suit, Czekala-Chatham v. Melancon. The plaintiffs contend that "There can be no legitimate state purpose in allowing bigamous or incestuous couples to divorce and not allowing the same remedy to same-sex couples".^[18] The DeSoto County Chancery Court dismissed their case for lack of jurisdiction.^[19] On appeal, the state Supreme Court has taken jurisdiction and allowed Governor Phil Bryant, represented by the Alliance Defending Freedom, to intervene to support the state's position.^[20] That court heard oral argument on January 21, 2015.^[21] On February 24, the court, after noting that all parties agreed proceedings should be stayed pending action by the U.S. Supreme Court in related cases, asked for additional briefs. Six justices supported that request, one objected that nothing would be gained, and two objected that it was only "a delay tactic" and the court should find the state's ban on same-sex marriage unconstitutional.^[22]

Public opinion

Domestic partnerships

Starkville

On September 5, 2014, the Starkville city council voted 7-0 in favor of an ordinance establishing domestic partner benefits for same-sex couple city employees.^[23] On January 6, 2015, the Starkville city council voted 5-2 to repeal domestic partner benefits ordience passed in September.^[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 domestic partnership ordinance.^[27]

See also

• LGBT rights in Mississippi

References

External links

• U.S. District Court, Campaign for Southern Equality v. Bryant, November 25, 2014

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