Mississippi clerks cannot claim religious exception to gay marriage: judge

[Eugene]

Source: Reuters

World | Mon Jun 27, 2016 8:57pm EDT

Mississippi clerks cannot claim religious exception to gay marriage: judge

BY DAN WHITCOMB

A federal judge on Monday ruled that clerks in Mississippi may not recuse themselves from issuing marriage licenses to gay couples based on religious beliefs, despite a bill passed by the state legislature intended to carve out that exception for them.

U.S. District Judge Carlton Reeves said that the recusals on religious grounds granted by the state's so-called "Protecting Freedom of Conscience from Government Discrimination Act", or House Bill 1523, violated the U.S. Supreme Court's landmark 2015 ruling legalizing gay marriage.

The Supreme Court's decision is commonly referred to as the "Obergefell" case after lead plaintiff James Obergefell.

"Mississippi's elected officials may disagree with Obergefell, of course, and may express that disagreement as they see fit - by advocating for a constitutional amendment to overturn the decision, for example," Reeves wrote in his 16-page ruling, which came in response to a lawsuit filed by the Campaign for Southern Equality.

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Read more: http://www.reuters.com/article/us-mississippi-lgbt-idUSKCN0ZE00J

[mahatmakanejeeves]

1. Adding some links

The comments are predictable.

Federal judge ruling strikes part of HB 1523

Jimmie E. Gates, The Clarion-Ledger 8:42 p.m. CDT June 27, 2016

Federal judge blocks part of Mississippi LGBT marriage law

Published June 28, 2016 · FoxNews.com

A federal judge ruled Monday that Mississippi clerks cannot cite religious beliefs to recuse themselves from issuing marriage licenses to same-sex couples.

The ruling by U.S. District Judge Carlton Reeves blocks the state from enforcing part of a religious objections bill that was supposed to become law Friday. Reeves is extending his previous order that overturned Mississippi’s ban on same-sex marriage. He said circuit clerks are required to provide equal treatment for all coupes, gay or straight.

The state’s religious objections measure, House Bill 1523, was filed in response to last summer’s Supreme Court ruling that legalized gay marriage nationwide. That ruling is called the Obergefell case, after the man who filed it.

"Mississippi's elected officials may disagree with Obergefell, of course, and may express that disagreement as they see fit — by advocating for a constitutional amendment to overturn the decision, for example," Reeves wrote Monday. "But the marriage license issue will not be adjudicated anew after every legislative session."