MIssissippi: Federal Judge Strikes Down Anti-LGBT Legislation HB1523

Judge Carlton Reeves

From the Human Rights Campaign:

Last night, minutes before it was set to go into effect, U.S. District Judge Carlton Reeves blocked the implementation of Mississippi’s discriminatory and harmful H.B. 1523, calling it “a vehicle for state sanctioned discrimination on the basis of sexual orientation and gender identity.”

The bill would stop state and local government agencies from taking action against state employees, individuals, organizations and private associations that deny service based on “religious beliefs.”

In other words, all bigots would have to say is “I’m a Christian – I don’t have to serve gays,” and they get a free card to legally discriminate.

The case was successfully argued by Roberta Kaplan, the civil rights lawyer who argued in front of the Supreme Court of the United States in the landmark case United States v. Windsor.

This ruling effectively blocks the implementation of the unconstitutional law, as LGBT advocates push for full repeal.

From Mississippi Today:

In a blistering opinion that reached into Mississippi’s segregationist past, U.S. District Court Judge Carlton Reeves said House Bill 1523, signed by Gov. Phil Bryant in April, was another unfortunate example of Mississippi trying to write discrimination into its laws.

“Religious freedom was one of the building blocks of this great nation, and after the nation was torn apart, the guarantee of equal protection under law was used to stitch it back together. But HB 1523 does not honor that tradition of religion freedom, nor does it respect the equal dignity of all of Mississippi’s citizens,” Reeves wrote in his opinion.

Federal Judge Rules Mississippi County Clerks Don’t Get To Refuse Same-Sex Marriage Licenses

After the historic SCOTUS ruling last year which brought marriage equality to the entire United States, Mississippi passed a law as an attempted end-run around same-sex marriage allowing county clerks to recuse themselves from issuing marriage licenses.

A federal judge has ruled that law unconstitutional.

Via Chris Geidner at Buzzfeed:

“[T]he Supreme Court’s ruling will be enforced,” U.S. District Court Judge Carlton Reeves wrote of the year-old decision in Obergefell v. Hodges.

There was already a court order that stopped Mississippi from enforcing its ban on same-sex couples’ marriages. On Monday, the judge agreed to expand that order to address the so-called “recusal” provision of HB 1523, which was passed earlier this year and would go into effect on July 1.

“Having reviewed the relevant section of HB 1523, the parties’ arguments, and the scope of the Supreme Court’s ruling in Obergefell, the Court finds that [the recusal provision] may in fact amend Mississippi’s marriage licensing regime in such a way as to conflict with Obergefell,” the judge wrote.

Judge Reeves also addressed the idea of any ongoing disapproval over marriage equality after Obergefell:

“Mississippi’s elected officials may disagree with Obergefell, of course, and may express that disagreement as they see fit – by advocating for a constitutional amendment to overturn the decision, for example. But the marriage license issue will not be adjudicated anew after every legislative session.”

Mississippi: ACLU Files Lawsuit Over Anti-LGBT Law HB 1523

The ACLU and ACLU of Mississippi have filed a lawsuit challenging the recently passed HB 1523 which allows public officials and businesses to refuse to serve LGBTs.

Via the ACLU:

The lawsuit, which targets the registrar of vital records, was filed on behalf of ACLU of Mississippi members and Nykolas Alford and Stephen Thomas, a gay couple who are engaged to be married and face discrimination as a result of this law.

Plaintiffs Nykolas Alford and Stephen Thomas have been engaged for nearly two years. They describe the law, HB 1523, as “a slap in the face.”

“When HB 1523 passed, it was heartbreaking because it takes away our chance to finally be treated equally. At a time when we’re supposed to be excited as a couple engaged to be married, this law permits discrimination against us simply because of who we are. This is not the Mississippi we’re proud to call home. We’re hopeful others will come to realize this and not allow this harmful measure to become law,” they said.

The Supreme Court was clear in its marriage ruling last year: States must provide the “same legal treatment” to married same-sex couples that they provide to the marriages of different-sex couples. HB 1523 directly contradicts the Supreme Court’s ruling by treating the marriages of same-sex couples differently than the marriages of everyone else, the ACLU said. The statute does not authorize anyone to discriminate against the marriages of different-sex couples based on religious beliefs. It singles out the marriages of same-sex couples and provides a special right for governmental officials and for-profit businesses to discriminate against them.

“We’re stepping up to fight this sweeping anti-LGBT and unconstitutional law that authorizes discrimination against gay and transgender people,” said ACLU Staff Attorney Josh Block. “HB 1523 has no rightful place in Mississippi or in our history books, and we’re hopeful this lawsuit can stop as much of it as possible before it goes into effect. We won’t rest until every last piece of this law is struck down and all LGBT people in Mississippi have equal justice under the law.”

The harms caused by HB 1523 are not limited to married same-sex couples. In particular, HB 1523 includes many provisions authorizing discrimination against transgender people outside the context of marriage, and against anyone who has sex outside of heterosexual marriage. For procedural reasons, those other provisions cannot be attacked in this pre-enforcement challenge against the registrar, but the ACLU and ACLU of Mississippi are committed to challenging these other provisions as soon as possible if they go into effect.

“The ACLU stands firmly against discrimination in all forms,” said ACLU of Mississippi Executive Director Jennifer Riley-Collins. All citizens deserve the right to be treated equally regardless of sexual orientation or gender identity. The ACLU of Mississippi will continue to work to defend and preserve the individual rights and liberties that the U.S. Constitution guarantees everyone in this country.”

The case, ACLU of Mississippi v. Judy Moulder, was filed in the U.S. District Court for the Southern District of Mississippi in Jackson. The ACLU and attorney Oliver Diaz are co-counsel.

No WEST SIDE STORY For North Carolina Or Mississippi

Music Theatre International, which handles licensing rights for stock and amateur theater productions of tons of musicals, has announced there will be no productions of West Side Story authorized for performance in North Carolina or Mississippi.

MTI serves as an agent for the rightsholders whose shows we represent. The rightsholders of this show have made their intentions clear and MTI will not issue new licenses for this show within North Carolina or Mississippi until we receive new instructions.

As regular readers of The Randy Report know, both North Carolina and Mississippi have recently passed anti-LGBT legislation in their respective states.

I’m guessing the folks who oversee the rights by the creators of West Side Story (Arthur Laurents, Stephen Sondheim, Leonard Bernstein) don’t want their work to appear where anti-LGBT animus is apparent.

Stephen Schwartz (Wicked, Godspell, Pippin) has recently made a similar announcement about the rights to his work in North Carolina.

Belinda Carlisle To Mississippi Governor: You Are Making Life Hell On Earth For Your LGBT Citizens

Belinda Carlisle stands up for LGBT Mississippians

Via press release: Pop star Belinda Carlisle, of “The GoGo’s” fame, is calling on Governor Phil Bryant to repeal the recently-passed HB 1523, which attacks lesbian, gay, bisexual, transgender, and queer (LGBTQ) Mississippians by permitting businesses, individuals, and social service agencies to freely discriminate based on personal religious beliefs.

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

(h/t JMG)

Los Angeles Joins List Of Cities Boycotting North Carolina & Mississippi Over Anti-LGBT Laws

Joining other cities  like New York, Atlanta, Boston, Chicago, Honolulu, Cincinnati, Santa Fe, Washington, D.C., and San Francisco, the Los Angeles City Council voted last night to boycott North Carolina and Mississippi due to anti-LGBT laws recently adopted in the two states.

The North Carolina law “overturns all state protections for gay and lesbians and puts new discrimination on the books,” according to Councilman Mike Bonin, who proposed the resolution that was approved on a 12-0 vote.

That law is also particularly hurtful to transgender people, because they would be permitted to only use bathrooms that match the sex designation on their birth certificate, and not by the gender they identify with, he said.

Bonin said the Mississippi law allows rental car businesses to turn away gay couples, and allows for suicide hotline counselors to refuse to help people who are gay.

Bonin said under the boycott, the city would avoid doing business with the two governments and put a ban on city employees making official visits to the states until the two laws are repealed.

“When the state sanctions hatred and the state endorses discrimination, hatred and discrimination increases,” creating a “climate of intolerance and a climate of violence,” Bonin said.

People will be fired from their jobs, hate crimes will go up and young people who are “struggling with their identity are going to be bullied and some of them will ponder suicide,” he charged.

“That’s not what Los Angeles stands for.”

In addition to the above listed cities, the states of Connecticut, Minnesota, New York and Vermont have announced similar boycotts of North Carolina.

Rocker Bryan Adams Cancels Mississippi Concert Due To Anti-LGBT ‘Hate Law’

Canadian rocker Bryan Adams went “Springsteen” on Mississippi cancelling his upcoming April 14 concert at the Mississippi Coast Coliseum in Biloxi in the aftermath of the signing into law of the “Religious Liberty” bill 1523, which legalizes anti-LGBT discrimination.

The law has been described as the most aggressive anti-LGBT legislation in the U.S.

From Adams’ Instagram:

Mississippi has passed anti-LGBT ‘Religious Liberty’ bill 1523. I find it incomprehensible that LGBT citizens are being discriminated against in the state of Mississippi. I cannot in good conscience perform in a State where certain people are being denied their civil rights due to their sexual orientation. Therefore i’m cancelling my 14 April show at the Mississippi Coast Coliseum. Using my voice I stand in solidarity with all my LGBT friends to repeal this extremely discriminatory bill. Hopefully Mississippi will right itself and I can come back and perform for all of my many fans. I look forward to that day. ‪#‎stop1523‬

Ellen Explains Mississippi’s New Anti-LGBT Law To You

Ellen DeGeneres took a few minutes to talk about Mississippi’s new anti-LGBT law that allows business owners to legal deny services and goods to LGBT folks via “sincerely held religious beliefs.”

So, if you don’t know, the Governor of the state signed a religious freedom bill, which might sound good because the word freedom is in it. But here’s what it means.

Under the law, if you say for religious reasons you can ‘deny gay people marriage, adoption and foster care services; fire or refuse to employ them; and decline to rent or sell them property.’

Now, I’m not a political person, I’m really not. But this is not politics this is human rights. And I mean, when I see something wrong, I have to talk about it. It’s the same thing that I do when I see men wearing Spandex in line at Starbucks. It’s wrong and I need to discuss it.

So, this issue is very personal to me, obviously. I’m disappointed for several reasons. First of all, Mississippi is the only state I know how to spell. Second of all, that is the definition of discrimination.

So, if you’re in Mississippi or North Carolina or anywhere, and you’re saddened by the fact that people are judging you based on who you love, don’t lose hope. I was fired for being gay, I know what it feels like. I lost everything. And look at me now. I could buy that governor’s mansion, flip it and make a $7 million dollar profit.

Funny Or Die: Mississippi Anti-Gay Tourism Ad

Mississippi’s new anti-LGBT legislation is not winning friends across the country.

Here’s just the beginning of the aftermath of Mississippi’s House Bill 1523 which now allows public and private businesses to refuse service to gay couples based on the employers’ religious beliefs.

From Washington state’s Spokesman-Review:

Washington employees were banned from most government-related travel to Mississippi because of that state’s new law allowing businesses owners to refuse service to gay, lesbian and transgender customers for religious reasons.

Gov. Jay Inslee issued the ban on non-essential travel Tuesday afternoon, saying Washington has strong laws against discrimination that covers sexual orientation and identity, and its citizens traveling to Mississippi for work might be discriminated against.

And up in Vermont (via the AP):

The state of Vermont is banning for now official travel to Mississippi because of that state’s passage of a law that allows religious groups and some private businesses to refuse service to gay couples. In a Tuesday message to top state officials Vermont Administration Secretary Justin Johnson said the action was a response to Mississippi’s new law.

Earlier Tuesday Vermont Gov. Peter Shumlin invited PayPal to bring 400 jobs to Vermont after the company said it was backing out of a move to North Carolina because of a new law in that state that restricts protections for lesbian, gay, bi-sexual and transgender people. Last week Shumlin banned all non-essential state travel to North Carolina to protest the law.

And New York Gov. Andrew Cuomo issued an executive order:

Funny Or Die quickly delivered this bit of satire, which would be more funny is it weren’t so close to the truth.