Writing for a unanimous three-judge panel, U.S. Circuit Judge Jerry Smith issued a decision allowing HB 1523, which has been enjoined as a result of a lower court order, to go into effect and denied plaintiffs suffered injury as a result of the state violating the Establishment Clause.
ACLU of MS executive director Jennifer Riley Collins issued this statement: "We are ready to move forward with our case filed on behalf of ACLU members Nykolas Alford and Stephen Thomas, who are planning to marry in MS in the near future". This decision places the plaintiffs and thousands more LGBT Mississippians and single parents in a position where they can actually be harmed for living as their authentic selves. The bill also allows state government employees who facilitate marriages the option to opt out of issuing licenses to same-sex couples, but the person must issue prior written notice to the state government and a clerk's office must not delay in the issuing of licenses.
Collins continued, "We are ready to move forward with our case filed on behalf of ACLU members Nykolas Alford and Stephen Thomas, who are planning to marry in MS in the near future". He praised the appeals court decision. "Those who filed suit have not and will not be harmed but want to restrict freedom and impose their beliefs on others by ensuring dissenters are left open to the government discrimination that has already occurred in states without protective laws like this one". "The ACLU of MS will continue to advocate for equal protection for our plaintiffs and the LGBT community in Mississippi".
"We urge the community to contact us if they or someone they know experiences any discrimination".
"The whole objective was to protect religious freedoms".
In the meantime, because the injunction has now been lifted, HB 1523 is officially enforceable in MS, granting anti-LGBTQ and anti-sex beliefs exclusive protection under law.
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Groups differed on the practical application of the religious freedom law.
He says that within two weeks, he will either ask the entire 5th Circuit to reconsider the panel's decision or ask the U.S. Supreme Court to block the law.
"HB 1523 is a reckless law designed with only one goal - to discriminate against LGBT people in Mississippi".
"The sole objective of this law is to ensure that Mississippians don't live in fear of losing their careers or their businesses simply for affirming marriage as a husband-wife union", Theriot said Thursday. This law strikes a balance between competing rights.
The law will protect businesses which claim to have "sincerely held religious beliefs or moral convictions" in objection to same-sex marriage.
Supporters say the law protects beliefs that marriage can be between only a man and a woman.
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