AG Jim Hood won't appeal HB 1523 ruling
EDITOR'S NOTE: The story below originally was published on July 13, 2016. Because of technical difficulties, it was attached to The Clarion-Ledger Breaking News Newsletter, sent today (Thursday, Sept. 8) instead of the one entitled Bay St. Louis police chief dead of self-inflicted gunshot wound. Please click on the link to read that story.
Mississippi Attorney General Jim Hood says he isn't going to appeal a federal judge's ruling blocking controversial House Bill 1523.
"After careful review of the law, and the social and fiscal impacts of HB 1523, I have decided not to appeal the federal court's injunction in this case against me," Hood said Wednesday in a statement. "I am convinced that continuing this divisive and expensive litigation is not in the best interests of the state of Mississippi or its taxpayers."
House Bill 1523 is the new "religious freedom" law that would allow people with certain religious beliefs to deny certain services to some people, particularly the LGBT community.
Gov. Phil Bryant has already filed a notice of appeal of U.S. District Judge Carlton Reeves' ruling that blocked HB 1523 from going into effect July 1. Bryant is using his own attorney in the appeal.
"I'm obviously disappointed the attorney general has abandoned his duty to defend the constitutionality of a duly enacted statute," Bryant said in a statement. "I have engaged nationally recognized appellate attorneys, at no cost to the taxpayers of Mississippi, to appeal the district court’s ruling. This appeal is about the state’s legitimate interest in protecting religious liberty — not political posturing about tax reform or the state budget. Mississippi Democrats’ failed policies have rendered them unable to win elections, so they have joined secular progressives in their attempts to legislate through the courts."
READ STORY: Judge blocks HB 1523
Hood said both HB 1523's critics and supporters acknowledge that the bill did not change state or federal law. For example, there is no state law requiring pastors to marry same-sex couples, "and I doubt that the Legislature would ever pass one," Hood said.
"Moreover, the Mississippi Legislature has already passed the Religious Freedom Restoration Act which protects a person’s right to exercise his or her religious beliefs. House Bill 1523's critics and supporters also recognize HB 1523 cannot overturn or preempt federal law. As acknowledged by our governor, HB 1523 is not a defense to a federal lawsuit," Hood said. "Simply stated, all HB 1523 has done is tarnish Mississippi’s image while distracting us from the more pressing issues of decaying roads and bridges, underfunding of public education, the plight of the mentally ill and the need to solve our state's financial mess."
"Second, to appeal HB 1523 and fight for an empty bill that dupes one segment of our population into believing it has merit while discriminating against another is just plain wrong. I don't believe that's the way to carry out Jesus' primary directives to protect the least among us and to love thy neighbor," he said.
Hood said his office is prepared to protect religious freedoms and defend First Amendment rights if and when the facts so justify in future cases.
"In the event that the federal court’s injunction was overturned on appeal, this litigation would not end," Hood said. "These cases would be set for a full evidentiary trial. Other challenges would likely be filed. The state would face years of additional and expensive litigation over HB 1523's implementation.
Lt. Gov. Tate Reeves spokeswoman Laura Hipp said in a statement: "Sad day when Jim Hood will no longer fight to protect our religious freedom."
Contact Jimmie E. Gates at 601-961-7212 or jgates@jackson.gannett.com. Follow @jgatesnews on Twitter.