Miss. AG: Same-sex couples cannot yet marry

Same-sex couples in Mississippi cannot yet marry, according to the Attorney General's office.

The Clarion-Ledger obtained an email sent to circuit clerks that said same-sex couples cannot yet be issued marriage licenses despite Thursday morning's Supreme Court ruling that granted all couples the right to marry in all states.

Mississippi Attorney General Jim Hood sent Hinds County Circuit Clerk Barbara Dunn an email with the following statement at 10:09 a.m., an hour after the ruling was announced:

"The Supreme Court's decision is not immediately effective in Mississippi," Hood said in a release. "It will become effective in Mississippi and circuit clerks will be required to issue same-sex marriage licenses when the 5th Circuit lifts the stay of Judge Reeves' order. This could come quickly or may take several days. The 5th Circuit might also choose not to lift the stay and instead issue an order which could take considerably longer before it becomes effective."

After overturning Mississippi's same-sex marriage ban in the federal lawsuit filed last year, U.S. District Judge Carlton Reeves issued a stay on his order overturning the ban. The stay means the order would not go into effect until the state's appeal of Reeves' decision was resolved.

But the Supreme Court's ruling settles that issue, Jackson attorneys Rob McDuff says.

McDuff, who represented the plaintiffs in the lawsuit, said there is "absolutely no reason to delay issuing licenses to people who are entitled to get married under the United States Constitution."

McDuff said the issues Hood is citing are all "technicalities" and that he will be filing a motion with the Fifth Circuit to lift the stay.

Constitutional law expert Matt Steffey, a professor at Mississippi College, echoed McDuff.

"The AG is just wrong," he said, calling the AG's communication with circuit clerks "dangerous advice."

"As soon as the Supreme Court mandate issues then it's the law of the land," Steffey said. "If a clerk refuses to issue a license to a same-sex couple they're subject to being sued for violation of that person's civil rights."

Celeste Swain and her partner Bobbi Gray of Gulfport were the first to arrive at the circuit clerk's office in Harrison County.

Swain said after filling out some paperwork, they were called back over to the desk and told there would be a waiting period according to the Attorney General.

"We're pretty deflated," Swain, who was still at the courthouse around noon in hopes something might change, said. "I'm looking at Mississippi wanting to wave the 'Hi, we're in last place' flag again. Alabama is issuing licenses, Tennessee ... I'm sort of speechless."

Hood issued a statement Friday afternoon saying his office was "not standing in the way" of the high court's ruling.

"The Office of the Attorney General is certainly not standing in the way of the Supreme Court's decision," Hood said in a statement via social media. "We simply want to inform our citizens of the procedure that takes effect after this ruling. The Supreme Court decision is the law of the land and we do not dispute that. When the 5th Circuit lifts the stay of Judge Reeves' order, it will become effective in Mississippi and circuit clerks will be required to issue same-sex marriage licenses."

This story is developing. Check back to www.clarionledger.com for updates.

Contact Sarah Fowler at sfowler@gannett.com. Follow @FowlerSarah on Twitter.