Mississippi “Stumbles” In Oral Arguments Against Same-Sex Marriage

Roberta Kaplan

According to the Clarion Ledger,  Roberta Kaplan – lead counsel for the plaintiffs in the Mississippi same-sex marriage lawsuit – ripped through her reasons in favor of same-sex marriage in rapid-fire style today.

Kaplan, who successfully argued in favor of gay marriage before the U.S. Supreme Court in the U.S. versus Edith Windsor case, had to excuse herself at times for speaking too quickly as she quickly listed her reasons why she believes the state’s gay-marriage ban violates the constitution and her clients’ rights, all the while noting documented case law in support of her arguments.

Things did not go so well for the other side, however. Actually, the Clarion Ledger used the word “stumble” in their assessment.

Lead counsel for the state, Justin Matheny, admitted a lack of working knowledge on the subject saying “When I found out I would be the one to come to court and argue this case, I had to do some research.”

This pretty much sums up how things went for the anti-gay side of the argument:

Judge Reeves to Matheny: “What is the state’s rational basis that same-sex couples can’t marry … and its prohibition of same sex couples from adopting children when all a child wants is to be loved, and they don’t care by whom?”

Matheny cited “responsible procreation” as his response, meaning that the state wants marriage only between couples who can responsibly procreate.

“You allow people in prison to be married, and there are no more conjugal visits,” Reeves argued. “Old people can marry” and they can’t bear children “with the exception of Abraham and Sarah.”

Need I say more?

Mississippi Gets Same-Sex Marriage Hearing Date of November 12th

Buzzfeed’s legal eagle Chris Geidner tweets the news that Mississippi has gotten court dates for the recently filed same-sex marriage suit challenging the state’s ban.

Note the tight timeline.

Mississippi: Marriage Equality Lawsuit Filed By Edie Windsor’s Legal Team

The Campaign For Southern Equality has filed a lawsuit on behalf of two same-sex couples challenging the constitutionality of Mississippi’s ban on marriage equality.

Lead counsel for the plaintiffs is Roberta Kaplan of Paul, Weiss, Rifkind, Wharton & Garrison LLP.

Kaplan was also lead counsel in United States v. Windsor, the landmark case that struck down sections of the Defense of Marriage Act (DOMA) in June 2013.

Statement from Roberta Kaplan:

“As the lawyers who represented Edie Windsor, we are so honored to be able to file this case today on behalf of Rebecca Bickett, Andrea Sanders, Jocelyn Pritchett, Carla Webb, and the Campaign for Southern Equality.
“The Supreme Court took a gigantic step forward last year in Windsor, and since then, dozens of courts around the country have followed suit so that today, gay people in thirty-two states have the right to marry.
“It is now time to take the next big step by making sure that gay families in Mississippi are accorded these same protections. The Supreme Court has made it clear that no matter where a gay person lives —whether it is in Maine, Minnesota, or Mississippi—our Constitution requires that they be treated with the same dignity and respect under the law as everyone else.”

Mississippi is covered under the jurisdiction of the 5th Circuit Court of Appeals, which is still weighing a challenge from Texas for the freedom to marry.

(via the Campaign for Southern Equality)

Video: Project One America from the Human Rights Campaign

I grew up in Texas, so I have an idea of what life is like in a southern, conservative state.  I left upon high school graduation only to return to visit family and friends occasionally.

Bless these folks for staying in their states and opening up a dialogue with neighbors.  It really is the answer to acceptance.  When “gay” or “lesbian” or “transgender” isn’t just a word that scares people, when it’s someone they know, evolution really does begin.

From the Human Rights Campaign:

HRC’s Project One America is a comprehensive, multi-year campaign to dramatically expand LGBT equality in the South through permanent campaigns in Mississippi, Alabama and Arkansas.

Human Rights Campaign launches Southern initiative – Project One America

Based on the fact that people are far less inclined to oppose equal rights for gays and lesbians when they know someone who is gay, the Human Rights Campaign will begin a three state project involving “front porch visits” and one-on-one chats in an effort to develop a more open environment for people of all sexual orientations in the South.

Via HRC press release:

Today, the Human Rights Campaign (HRC) announced Project One America (POA), a comprehensive campaign to dramatically expand LGBT equality in the South through permanent campaigns in Mississippi, Alabama and Arkansas. This substantial and lasting initiative—with a three year budget of $8.5 million and a dedicated staff of 20—is the largest coordinated campaign for LGBT equality in the history of the South.

“Right now, this country is deeply divided into two Americas—one where LGBT equality is nearly a reality and the other where LGBT people lack the most fundamental measures of equal citizenship. Project One America is an unparalleled effort to close that gap, and it opens up a bold, new chapter in the LGBT civil rights movement of this generation. In this grand struggle for equality, we can’t write off anyone, anywhere,” said HRC President and Arkansas native Chad Griffin.

Project One America is the very first campaign of its kind to work exclusively on LGBT equality in Mississippi, Alabama and Arkansas—where there are no non-discrimination protections for LGBT people at the state or local level in employment, housing or public accommodations, and where each state’s constitution expressly prohibits marriage equality.

“Despite the legal landscape, it’s long past time that the country stopped treating the South like the ‘finish line’ for equality. HRC has more than 57,000 members and supporters in these states, and there are millions more fair-mined people ready to stand on the right side of history,” Griffin said.

Mississippi business owners counter the anti-gay “Religious Freedom Restoration Act”

To counter the bad publicity coming out of Mississippi regarding the recently passed anti-gay “Religious Freedom Restoration Act,” Equality Mississippi has begun a new campaign: If you’re buying, we’re selling.

From the Clarion Ledger:

Eddie Outlaw, who owns William Wallace Salon and Fondren Barber Shop, was part of the creative team behind If You’re Buying, with Mitchell Moore, who owns Campbell’s Bakery in Fondren.

“A lot of us were trying to counter the negative stuff from outside Mississippi,” Outlaw said, referring to the national coverage 2681 got while it circulated the Capitol. “We wanted to let people know – not just the LGBT community but the progressive community as a whole – that this doesn’t represent everybody here.”

To drive that point home, participating businesses will display in their storefront windows a vinyl, sticker-like circle that reads, “We don’t discriminate. If you’re buying, we’re selling.”

Mississippi legislature passes “License to Discriminate” bill

Late Tuesday, the Mississippi legislature approved S.B. 2681, the Religious Freedom Restoration Act.

The Republican-controlled House vote count was 78-43, and in the Republican-controlled Senate the vote was 38-14.

From the Washington Blade:

Much like the controversial Arizona bill known as SB 1062 vetoed by Gov. Jan Brewer, the six-page legislation never once mentions the words “sexual orientation,” “gender identity” or “gay.” Still, LGBT advocates insist the legislation would have the effect of allowing discriminatory practices against LGBT people seeking services in Mississippi.

The bill now heads to Governor Phil Bryant’s desk. He is expected to sign the legislation into law.

Once signed, the law would take effect July 1.

Does this sound like an LGBT ally to you?

David Elliott, anchor for Biloxi’s WLOX, posted on his Facebook Thursday:

“I’m all for the LGBT community’s ongoing fight for equality. I support their fight in every way. But, it seems they’ve been in the news too much lately.  Maybe they should take a short break. Go on gaycation … just for the weekend. Enjoy yourselves!”

The Daily Show – Which state will legalize marriage equality last?

The Birmingham News has a recap of The Daily Show’s funny assessment of “which state will be the last to legalize marriage equality”:

Jon Stewart’s “The Daily Show” put its satirical eye on Alabama Tuesday night, asking what people in Alabama – a state the show noted “still has segregated sororities” – and our cousins in Mississippi really think about gay rights. One segment of the show, “Last Gay Standing,” was built around a prediction made by Nate Silver, likely the nation’s most famous elections and sports statistician, that a majority of voters in a majority of states would approve gay marriage in a ballot initiative by 2020.

“The states that are probably going to be the slowest to move toward legalization are mostly in the South, particularly in the Deep South,” Silver told The Daily Show correspondent Al Madrigal. “In particular, Alabama and Mississippi are maybe the last two.” Former U.S. Attorney for North Alabama Doug Jones and Mississippi newspaper columnist Slim Smith told Madrigal the same: each suggested that their respective states would be the last to approve gay marriage in the U.S. But then The Daily Show started pushing real buttons.

Mississippi: Teenager pleads guilty to murder of gay black man

From USAToday: Deryl Dedmon, a 19 year-old Mississippi man, has pleaded guilty and received two life sentences for targeting a random black man for abuse and killing him with his pickup truck. It was later learned that the victim was gay and in a 17 year relationship.

Dedmon, 19, of Brandon, Miss., apologized to the family of 49-year-old James Craig Anderson. While partying with six friends last June 26, Dedmon suggested finding a black man to harass. Anderson was beaten before Dedmon ran over him with his Ford pickup. “I do not ask y’all to forget, but I do ask y’all to forgive,” he said before being sentenced for the murder and hate crime that was captured by a hotel security camera. AP writes, “As members of his family and the victim’s relatives wiped away tears, Dedmon said God has taught him not to see race and he is a changed man.”

The New York Times reported on the victim last August.

Mr. Anderson was a good country cook, a gifted gardener and always genial, his family said. He liked his job on the assembly line at the Nissan plant north of Jackson, where he had worked for about seven years. “If you met him, the first thing you were going to see was that grand piano smile,” said his eldest sister, Barbara Anderson Young. He made a point of taking care of old people and children and was helping his partner of 17 years, James Bradfield, raise the 4-year-old relative for whom Mr. Bradfield has legal guardianship. He sang tenor in the choir at the First Hyde Park Missionary Baptist Church and was so good “he’d have you falling out,” Mr. Bradfield, 44, said.