Tuesday, August 2, 2016

Mississippi style FADA remains blocked

Carlton W. Reeves
A Mississippi law that supposedly protects same-sex marriage objectors will remain blocked while the state appeals the matter to the Fifth Circuit Court of Appeals. Apparently arguments that these bigots should be treated like pacifists or abortion objectors did not fly.

U.S. District Judge Carlton W. Reeves said the 13 individuals, church and gay rights organization bringing suit face an “immediate and substantial risk” of discrimination if the law is enacted, so they have standing under the U.S. Supreme Court’s decision in Romer v. Evans.

This is another example of the law (HB 1523) creating a preemption of local nondiscrimination ordinances.  Several of the plaintiffs work or live in Jackson, Mississippi, and one works at the University of Southern Mississippi, which both have nondiscrimination policies they won’t be able to enforce under the law. Therefore, those plaintiffs risk discrimination, Judge Reeves said in upholding their right to bring an equal protection claim.

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