Judge: HB 1523 violates religious neutrality, equal protection

U.S. District Judge Carlton Reeves struck down religious objections House Bill 1523 in its entirety late Thursday night, right before the law was planned to go into effect Friday after midnight.

In his 60-page ruling, Reeves wrote that, through HB 1523, the state grants privileges to people who hold certain moral convictions which “violates both the guarantee of religious neutrality and the promise of equal protection of the laws."

The order came days after Reeves blocked part of the bill on Monday, when he issued an injunction barring Mississippi from denying same-sex marriage licenses.

Gov. Phil Bryant responded to the ruling Friday morning, saying he was "disappointed" and looked forward to an "aggressive appeal."

"Like I said when I signed House Bill 1523, the law simply provides religious accommodations granted by many other states and federal law," Bryant said. "I am disappointed Judge Reeves did not recognize that reality. I look forward to an aggressive appeal."

Knol Aust, chairman of Unity Mississippi, spoke against Bryant's planned appeal, saying that it "will further damage our state's financial health and our state's image in the national spotlight."

The following is an excerpt from a statement issued by Miss. Attorney General Jim Hood on Judge Reeves' ruling regarding HB 1523:

“I can't pick my clients, but I can speak for myself as a named defendant in this lawsuit. The fact is that the churchgoing public was duped into believing that HB1523 protected religious freedoms. Our state leaders attempted to mislead pastors into believing that if this bill were not passed, they would have to preside over gay wedding ceremonies.  No court case has ever said a pastor did not have discretion to refuse to marry any couple for any reason.  I hate to see politicians continue to prey on people who pray, go to church, follow the law and help their fellow man."

Tony Perkins, the president of the Family Research Council, the Washington, D.C.-based organization that gave Gov. Bryant its Samuel Adams Religious Freedom Award for signing HB 1523 into law, blasted Reeves' decision.

"While Judge Reeves issued his decree under the cloak of darkness last night, the judge's religious animus against the people of Mississippi is clear as day," said Perkins, "Under this judge's reasoning, any narrowly tailored conscience or religious freedom protections against government persecution would be invalid."

Speaker of the House Phillip Gunn also expressed his disappointment in the ruling.

"I am disappointed in Judge Reeves' ruling on House Bill 1523," Gunn said. "We felt like this was a good bill that focused on protecting religious beliefs, while also protecting the rights of the LGBT community."

The Human Rights Campaign issued a press release Friday morning, saying they "lauded U.S. District Judge Carlton Reeves’ decision to block the implementation of Mississippi’s discriminatory and harmful H.B. 1523“

"This legislation was rooted in hate, it targeted the LGBTQ community and it was a deliberate attempt to undermine marriage equality and the dignity of LGBTQ Mississippians who lawmakers have sworn to serve and protect,” said HRC President Chad Griffin. “We will continue our fight to ensure that H.B. 1523 is repealed in its entirety.”

“We are glad to see that Judge Carlton Reeves has made clear what we already knew: H.B. 1523 is indefensible, both morally and legally,” said Rob Hill, Mississippi state director for HRC. “For months, Mississippians, the business community, faith leaders and countless others have made clear their opposition to this harmful bill, and we are pleased to see it will not go into effect this week. We will continue to look toward a full repeal of the law, and pursue comprehensive legal protections for all LGBTQ Mississippians.”

When it was signed into law in April by Governor Phil Bryant, HB 1523 aimed to allow clerks to cite religious objections so that they could recuse themselves from granting same-sex couples marriage licenses. In addition, the law incorporated three beliefs that businesses could cite in order to refuse service to clients. The three beliefs included the following: that marriage should only be between one man and one woman, that sexual intercourse should only happen in such a marriage and that one’s gender is assigned at birth and cannot be changed.

The controversial bill, seen by many as discriminatory toward the LGBT community, sparked outrage from numerous organizations, celebrities, and politicians and prompted several states and major cities to ban official travel to Mississippi in protest.

The ACLU of Mississippi celebrated Reeves' decision.

“We are thrilled that Judge Reeves ruled on the right side of history in striking down House Bill 1523 and congratulate our allies who brought these cases," ACLU of Mississippi Executive Director Jennifer Riley-Collins said. "It is a huge victory for the state of Mississippi and the nation. The federal ruling clearly states that HB 1523 is unconstitutional, and now this discriminatory law that unfairly targeted LGBT people will not go into effect. One religious view of marriage should not preclude all others or federal law."

Riley-Collins said the fight for equal rights for the LGBT community will continue.

"While we celebrate this win in the short term, the battle continues to secure full equal rights for LGBT people," she said. "The ACLU of Mississippi will continue to stand firmly against discrimination and in solidarity with the LGBT community. We remain vigilant in the fight for equality and justice for all.”

Friday morning, HRC held a rally on the Capitol steps that drew about 20 people. They were joined by the ACLU, the NAACP, the Mississippi Center for Justice and the Institute of Southern Jewish Life, and a few of the individual plaintiffs in the lawsuit against HB 1523. Before the rally began, attendants shared their joy over Reeves' late night ruling and waved LGBT Pride flags.

"I knew it was gonna happen," said Charlene Smith-Smathers, of Terry, about the ruling, "We've got the power by God, and they aren't gonna take it from us."

Mississippi Human Rights Campaign Director Rob Hill described Reeves' ruling as a "victory," but keeping in mind that Gov. Bryant spoke of a potential appeal to Reeves' order, Hill assured those present that any attempted resurrection of HB1523 would be fought vigorously.

"We are pleased to not see it go into effect today," said Hill, "We will continue though to look forward and work for full repeal of HB 1523 and pursue comprehensive legal protections for all LBTQ Mississippians."

At the end of the rally, Hill led those in attendance in a rally cry, chanting, "No hate in my state."

Reeves' ruling marks the third consecutive victory for attorney Roberta Kaplan, who represented the Campaign for Southern Equality in one of the lawsuits against HB 1523. Previously, Kaplan successfully challenged Mississippi's same-sex marriage ban in late 2014 and the state's ban on adoption by same-sex couples earlier this year.

This story is developing and will be updated throughout the day. 

Contact Royce Swayze at 601-961-7240 or rswayze@gannett.com. Follow @royce_swayze on Twitter.

Contact Sarah Fowler at sfowler@gannett.com or 601-961-7303. Follow her on Facebook and Twitter.