NEWS

ACLU files lawsuit to declare HB 1523 unconstitutional

Jimmie E. Gates

Clarion Ledger

Jennifer Riley-Collins, executive director of the American Civil Liberties Union of Mississippi, center, speaks Monday, May 9, 2016, in Jackson, Miss., about a lawsuit the group filed against the state over House Bill 1523, which will allow workers to cite their own religious objections to same-sex marriage and deny services to citizens. Behind Riley-Collins are attorney Oliver Diaz, left, and plaintiffs in the lawsuit, Nykolas Alford and Stephen Thomas. Alford and Thomas, of Meridian, Miss., are engaged.

The ACLU of Mississippi filed a lawsuit Monday to declare House Bill 1523 unconstitutional.

It's the first lawsuit filed against HB 1523, the religious objections law that has had Mississippi in the spotlight in recent weeks and is scheduled to go into effect July 1. However, ACLU of Mississippi Executive Director Jennifer Riley-Collins said it likely won't be the last.

Plaintiffs Nykolas Alford and Stephen Thomas of Meridian, who have been engaged for nearly two years, described HB 1523 as “a slap in the face.”

"It makes us feel like second-class citizens," Alford said of the law. "You should serve the entire public."

Gov. Phil Bryant said Monday in a statement that the "ACLU continues its mission of trying to use the federal court system to push its liberal agenda. Instead of cherry-picking causes popular with the radical left, the ACLU should allocate its resources defending all civil liberties."

Alford and Thomas said in a joint statement: “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.”

The bill would allow government officials and businesses to deny services, based on religious beliefs or moral convictions, to gay couples wishing to get married. Opponents say the measure would sanction unconstitutional discrimination against gay people and others. Supporters of the bill say it is to protect the rights of individuals' religious beliefs.

The lawsuit says: "On its face, HB 1523 violates the 14th Amendment by subjecting the lawful marriages of same-sex couples to different terms and conditions than those afforded to different-sex couples. By creating a separate and unequal set of laws applying only to the marriages of same-sex couples, HB 1523 imposes a disadvantage, a separate status, and so a stigma upon all married same-sex couples in Mississippi."

Former state Supreme Court Justice Oliver Diaz, who is helping the ACLU with the lawsuit, said Monday he was offended Mississippi would institute what he calls state-sponsored discrimination.

"We have a civil rights struggle again," Diaz said. "We hope people will stand up and say we aren't going to allow discrimination."

The lawsuit filed against the director of the state's Health Statistics and Vital Records seeks a preliminary and permanent injunction prohibiting the enforcement of HB 1523.

Contact Jimmie E. Gates at 601-961-7212 or jgates@jackson.gannett.com. Follow @jgatesnews on Twitter.