NEWS

Gov. Phil Bryant signs MS 'religious freedom' bill

Sam R Hall, Geoff Pender, Jimmie E. Gates, and Kate Royals
The Clarion-Ledger

Gov. Phil Bryant signed the controversial Protecting Freedom of Conscience from Government Discrimination Act into law Tuesday morning, saying he did so to protect the rights of people with "deeply held religious beliefs."

HB 1523, authored by House Speaker Philip Gunn, has drawn state and national attention with groups as varied as the Human Rights Campaign and the Mississippi Manufacturers Association all calling for the governor to veto the bill.

Minutes after signing the bill, Bryant appeared on the JT Show on SuperTalkMS, a conservative talk radio show, to discuss the bill. He defended the bill, saying it only prevented "government from interfering with people of faith who are exercising their religious beliefs ... in matters of marriage." Bryant said it would not allow discrimination of anyone.

"This bill does not create one action against any class or group of people. It doesn't create a new action or a new defense of an action against those people," Byrant said.

Bryant's spokesperson Clay Chandler denied The Clarion-Ledger's request for an interview Tuesday.

UPDATE: Jackson City Council says 'We do not discriminate'

Bryant also denied claims by opponents that the bill would allow restaurants or governments to deny normal services to gay or lesbian people unless it was in the performing of a wedding ceremony. He cited a restaurant as an example, saying that a restaurant would not be allowed to deny serving a gay patron but could deny allowing a wedding to take place in the restaurant.

However, the bill says people can deny services or goods for the "celebration or recognition of any marriage, based upon or in a manner consistent with a sincerely held religious belief or moral conviction," which would include pre-ceremony celebrations, post-wedding celebrations, anniversary celebrations and other related celebrations, opponents argue.

The president of the Human Rights Campaign, which held a protest and rally Monday outside the state Capitol and the Governor's Mansion, said Bryant refused to meet with LGBT people and ignored business leaders.

"And now his state will suffer because of his ignorance and failure of leadership. Just as we're doing elsewhere, we will continue to rally fair-minded voters, businesses, and civil rights advocates to repeal," HRC President Chad Griffin said in a statement.

Bryant said he believes many arguments against the bill were filled with misinformation.

"What I've seen in my business, when people in the secular community want to attack a bill, and they give the worst possible examples of what will happen," he said.

Gunn praised Bryant for having the "courage and foresight" to sign the bill, and said he believes of the business leaders and others who came out against it, "I don't think they understood it."

Gunn said, "I certainly would hope not," when asked if he fears it will hurt Mississippi in economic development and competition for businesses. Despite opponents' warnings the bill is unconstitutional and open for federal lawsuits, Gunn said he's confident it could withstand court challenges.

Attorney General Jim Hood said any lawsuits challenging the constitutionality of House Bill 1523 will be handled on a case-by-case basis.

"We would caution government officials and others that House Bill 1523 does not override federal law or constitutional rights," Hood said in an emailed statement. "If a person or government official violates a federal statute or constitutional provision, House Bill 1523 will not protect that official from a federal lawsuit or from potential personal liability under federal law."

Ten other states have passed or are considering similar bills. North Carolina's governor and Legislature recently approved a similar law. On Tuesday, PayPal canceled plans for an expansion that would have created 450 jobs there, and a television studio pulled upcoming production from the state. Both actions were in response to the bill.

In Georgia, Republican Gov. Nathan Deal vetoed the bill passed by the Legislature after protests from businesses.

The Family Research Council, a Christian-based lobbying group, applauded the Governor's decision to sign the bill.

"We applaud Governor Bryant, Lt. Gov. Tate Reeves, and House Speaker Philip Gunn, for standing up for the fundamental freedoms of the people they represent. No person should be punished by the government with crippling fines, or face disqualification for simply believing what President Obama believed just a few years ago, that marriage is the union of a man and a woman," Family Research Council President Tony Perkins said.

PRAISE AND PUSHBACK: Businesses, civil rights and religious organizations weigh in on HB 1523

A spokeswoman for Nissan said the company's statement from last week in opposition to HB 1523 "still stands."

"It is Nissan's policy to prohibit discrimination of any type, and we oppose any legislation that would allow discrimination against lesbian, gay, bisexual and transgender individuals," the statement read.

The Mississippi Manufacturers Association issued the following statement:

"Regarding the passage of House Bill 1523, the Mississippi Manufacturers Association's position continues to reflect the concerns manufacturers have with this bill and its potential to conflict with their policies of diversity and inclusion. However, the MMA respects the wishes of the legislature and Governor."

The American Civil Liberties Union of Mississippi released a statement opposing the governor's action.

“This is a sad day for the state of Mississippi and for the thousands of Mississippians who can now be turned away from businesses, refused marriage licenses, or denied housing, essential services and needed care based on who they are. This bill flies in the face of the basic American principles of fairness, justice and equality and will not protect anyone’s religious liberty," said Jennifer Riley-Collins, Executive Director of the ACLU of Mississippi. "Far from protecting anyone from ‘government discrimination’ as the bill claims, it is an attack on the citizens of our state, and it will serve as the Magnolia State’s badge of shame.”

Jody Owens, managing attorney of the Southern Poverty Law Center, called the decision "unconscionable."

"This newly enacted law – like the draconian anti-LGBT laws in other states – uses the guise of ‘religious freedom’ to justify discrimination, mistreatment and bigotry. It’s the same sort of rationale used by white supremacists in earlier eras to justify slavery and Jim Crow," Owens said.

Mississippi Democratic Party spokeswoman Ouida Meruvia called the move "incredibly disappointing."

"Instead of tearing down walls that divide, the Republican Party has spent this session building new barriers of bigotry," she said. "We must do better."