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Mississippi clerks cannot claim religious exception to gay marriage: judge

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Loudninja

Member
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.

"But the marriage license issue will not be adjudicated anew after each legislative session," Reeves wrote. Mississippi is among a handful of Southern U.S. states on the front lines of legal battles over equality, privacy and religious freedom.

Reeves has not yet ruled on other provisions of the state legislation, which is expected to become law on Friday and also contains a set of religious objections provisions that have been challenged in four separate lawsuits.

But Mississippi's lieutenant governor, Tate Reeves, quickly slammed the ruling in a written statement.

"If this opinion by the federal court denies even one Mississippian of their fundamental right to practice their religion, then all Mississippians are denied their 1st Amendment rights,” Reeves said. "I hope the state’s attorneys will quickly appeal this decision to the 5th Circuit to protect the deeply held religious beliefs of all Mississippians."

A spokesman for the Campaign for Southern Equality, meanwhile, said the group was "delighted" with the decision and expected the judge to rule in their favor on its challenges to the entirety of the HB 1523.
http://www.reuters.com/article/us-mississippi-lgbt-idUSKCN0ZE00J
 

PopeReal

Member
I didn't realize that practicing your religion means that you get to decide how others live. Get fucked Reeves.
 

wenis

Registered for GAF on September 11, 2001.
tumblr_inline_o74yf8CYIC1terry4_500.gif


get bent lieutenant governor fuck face.
 
The irony of all of this is fucking insane. Freedom to practice the 1st amendment? By imposing your beliefs on others? If you can't do your fucking job, then quit. It's that simple.
 

Ploid 3.0

Member
I didn't realize that practicing your religion means that you get to decide how others live. Get fucked Reeves.

It doesn't, people just seem to like to try and force other people to follow their religion when they should just worry about themselves.
 

Dan

No longer boycotting the Wolfenstein franchise
"If this opinion by the federal court denies even one Mississippian of their fundamental right to practice their religion, then all Mississippians are denied their 1st Amendment rights,” Reeves said.
I think you need to go back to school, dumbass. That doesn't even begin to make sense.
 

GaimeGuy

Volunteer Deputy Campaign Director, Obama for America '16
If Tate Reeve the agent of the state of Mississippi can't keep Tate Reeves the person's religion out of his workplace l, then he's the one infringing on others' rights.

Leave your personal religious convictions out of your public duties.
 

Nephtis

Member
"If this opinion by the federal court denies even one Mississippian of their fundamental right to practice their religion, then all Mississippians are denied their 1st Amendment rights,” Reeves said. "I hope the state’s attorneys will quickly appeal this decision to the 5th Circuit to protect the deeply held religious beliefs of all Mississippians."

No one said a person can't practice their religion. That's absolutely fine! Anyone can practice any religion or lackthereof that they want!

Having said that, it doesn't mean you can't perform your fucking job. If your job interrupts your religion, you are free to quit and find a more appropriate job for you.
 

Monocle

Member
The deeply held religious beliefs of all (???) Mississippians don't count for a dried turd when they infringe on the rights of others. It's pretty simple.
 

KevinCow

Banned
No one said a person can't practice their religion. That's absolutely fine! Anyone can practice any religion or lackthereof that they want!

Having said that, it doesn't mean you can't perform your fucking job. If your job interrupts your religion, you are free to quit and find a more appropriate job for you.

You don't understand. If I'm not allowed to use my religion as an excuse to freely discriminate against people who are different from me, then my freedom of religion is being violated!
 

Timedog

good credit (by proxy)
You can't decide to work for the government in a legal capacity and not do your job because a law changes.
 

Christopher

Member
There should be a ruling where religious shit applies to your home only. Take they garbage elsewhere if it involves any oppression of people.
 

mclem

Member
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.

I do love the creative ways people find to phrase "Freedom to discriminate" while not saying "Freedom to discriminate". This one gets bonus points for accusing the other party of discrimination to boot.
 

Volimar

Member
Good decision. Now tear the rest of the bill apart.



As an aside, what a great case to have your name associated with for all time, Obergefell.
 

Polk

Member
I do love the creative ways people find to phrase "Freedom to discriminate" while not saying "Freedom to discriminate". This one gets bonus points for accusing the other party of discrimination to boot.
I wonder when we'll see Freedom to be dick Act.
 

bionic77

Member
I am sick and tired of the persecution of Christians in this counties that wrongfully prevents them from persecuting others.
 

HylianTom

Banned
I am so thankful for the powers of the Judicial Branch. It seems like the only sign of sanity in this state.
In numerous instances, the only thing that keeps majorities in red states from voting to have minority rights for lunch is the federal judiciary. Obama has stacked a majority of the lower-tier courts, but there are a few that are still willing to let this kind of nonsense stand when challenged. Should Hillary win, we'll be thanking her and Obama for decades for finally swinging the court solidly in a good direction.
 
An agent for the state is acting in capacity of the state. They are to process paperwork and ensure it complies with state law, not make their own decisions on what they think is ok or not.

Acting in the capacity of the state does not mean someone is expressing their personal views. There is no conflict. Hope it continues to get thrown out.

If you don't want to comply with state law as a worker, then quit or be fired.
 

Johndoey

Banned
Continuation I guess.

Judge Blocks Mississippi Law Denying LGBT Equal Rights


(JACKSON, Miss.) — A federal judge blocked a Mississippi law on religious objections to same-sex marriage moments before it was set to take effect Friday, ruling that it unconstitutionally establishes preferred beliefs and creates unequal treatment for gay people.

U.S. District Judge Carlton Reeves wrote that the title, text and history of the law show it is “the state’s attempt to put LGBT citizens back in their place” in response to last summer’s Supreme Court ruling that legalized gay marriage nationwide.

State attorneys are expected to appeal his ruling, which came overnight in response to two lawsuits filed weeks ago by gay and straight plaintiffs.

The law sought to protect three beliefs: That marriage is only between a man and a woman; that sex should only take place in such a marriage; and that a person’s gender is determined at birth and cannot be altered.

It would allow clerks to cite religious objections to recuse themselves from issuing marriage licenses to same-sex couples, and would protect merchants who refuse services to lesbian, gay, bisexual or transgender people. It could affect adoptions and foster care, business practices and school bathroom policies.

“The state has put its thumb on the scale to favor some religious beliefs over others,” Reeves wrote. He also wrote that it violates the Constitution’s equal protection guarantee.

Spokesmen for Gov. Bryant and Mississippi Attorney General Jim Hood, who both defended the bill, did not immediately respond to Reeves’ ruling.

More than 100 bills were filed in more than 20 state legislatures across the nation in response to the Supreme Court gay marriage ruling, UCLA law professor Douglas NeJaime testified before Reeves last week.

State attorneys argued that the Mississippi law provides reasonable accommodations for people with deeply held religious beliefs that gay marriage is wrong.

Roberta Kaplan, an attorney who filed one of the lawsuits challenging the law, said in a statement that Reeves “enforced the fundamental constitutional principle that the government cannot establish any religion.”
 

snacknuts

we all knew her
I didn't realize that practicing your religion means that you get to decide how others live. Get fucked Reeves.

I was terribly confused by this post for a minute since the judge who made the decision and the Lt. Governor mentioned in the article are both named Reeves.
 
So good.

Your religion used as a tactic and a shield in order to fuck someone over, in government no less, can fuck right off forever. You have a home and a church, so keep it there, or go find some other shit to do.
 
If you cannot perform the basic duties of your job within the confines of your religious beliefs, get a different job.

There are many variations of Buddhism which are completely incompatible with holding a variety of jobs, from butchers to soldiers. Do you know what people who practice those religions do? They work different jobs. If you can't grant marriage licenses without violating your religious beliefs, then get a job where you don't have to grant marriage licenses.

Simple.
 
Woke up to news that judge Reeves blocked the law minutes before it took effect. God bless him. This state's legislature is full of morons (and let's not even talk about Phil Bryant's dumb ass) and I'm glad this got stopped.

Would not surprise me in the slightest to see them take another crack at it instead of dealing with the multitude of problems we're facing though.
 

Matty77

Member
Shouldn't have had to go this far to begin with, the minute they denied a request they were breaking the law and engaging in discrimination they should have been canned and replaced. This is actually in my mind the true reason for seperation of church and state and ironically what the puritans fled England for, in other words allowing an exemption would be establishing religious thought/viewpoint as law.
 

GK86

Homeland Security Fail
Bravo judge Reeves. Glad Reeves isn't having that bullshit and looking out for the people.
 

Sagroth

Member
Go ahead and appeal, Mississippi. If this goes to the Supreme Court when Hillary is President, we may finally see LGBTQA+(or at least some of those letters) granted protected status under the 14th amendment Equal Protection Clause.
 
Go ahead and appeal, Mississippi. If this goes to the Supreme Court when Hillary is President, we may finally see LGBTQA+(or at least some of those letters) granted protected status under the 14th amendment Equal Protection Clause.

Should be covered by the phrase "sexual orientation or gender identity."
 
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