Mississippi LGBT Laws

In 2003, Mississippi courts reportedly still deny custody based on sexual orientation alone [R1.6].

On 01 June 2017, it was reported that the Kimberly Jayroe Strickland Day v. Christina Strickland case had been appealed to the State Supreme Court [C1.5], [R1.4].

On 18 October 2016, in divorce proceedings between Kimberly Jayroe Strickland Day and Christina Strickland, Judge John S Grant III in the Rankin County Chancery Court was of the opinion that the IVF child Zayden could not have three parents, two women and the father, reasoning that it is impossible for two women to have a child. The Judge awarded the parties a divorce, awarded custody of the child Zayden to Kimberley subject to visitation rights granted to Christina, she also paying child support and ordered both parties divide Zayden’s school expenses equally [C1.3] [R1.2].

In February 1999, the Mississippi Supreme Court in a 5–3 decision upheld a lower-court decision challenging the morality of the father’s lifestyle and stating that since the boy was ambivalent about where he lived, his best interest would be served with his mother and stepfather, despite evidence of spousal abuse [R1.1].

The court did, though, reverse DeSoto County Chancellor Percy Lee Lynchard Jr.’s order that the gay father’s domestic partner of eight years move out of the pair’s home when the youth, 13 at the time of Lynchard’s 1997 order, visited.

On 05 September 2014, the City of Starkville was reported to have announced that benefits including health insurance, will be extended to same-sex partners of its employees [R1.1]

On 05 April 2016, Governor Phil Bryant signed bill HB1523 The “Protecting Freedom of Conscience from Government Discrimination Act”, that prohibits the state government from taking any discriminatory action against a person, religious organization, business or government employee for refusing services to LGBT people because of ”sincerely held religious beliefs” or ”moral conviction” against same-sex marriage, extra-marital sex and/or transgender people [L1.6]. [R1.5].

On 01 April 2016, the legislature passed bill HB1523 The “Protecting Freedom of Conscience from Government Discrimination Act”, that would allow people with religious objections to deny wedding services to same-sex couples and provide wide protections for actions decried as discriminatory. The Bill now heads to Governor Phil Bryant [R1.4].

See now 3. Courts & Tribunals below at [R3.2] to [R3.7]

On 01 July 2014, the Religious Freedom Restoration Act that opponents argue allows businesses to deny services to LGBT people based on their religious beliefs came into effect [R1.3].

On 03 April 2014, Governor Phil Bryant signed SB2681- the Religious Freedom Restoration Act – into law. It is contended that the law will allow businesses and individuals to deny service to anyone if serving that person or organization would “substantially burden” the individual’s “religious exercise” [R1.2].

On 01 April 2014, Senate Bill 2681, the Religious Freedom Restoration Act that says state and local governments cannot put a substantial burden on religious practices, passed the House 79-43 and the Senate 37-14 and now goes to Republican Governor Phil Bryant. The law could prompt people to cite religious beliefs in taking actions that discriminate against gay people, women or those of different racial backgrounds or faiths [R1.1].

On 03 June 2014, the Jackson City Council approved 3-1 a non-binding resolution declaring tghe City’s commitment to non-discrimination on the basis of sexual orientation and gender identity [R2.5].

On 21 May 2014, the Waveland City Council was reported to have unanimously passed an anti-discrimination resolution recognizing the dignity and worth of all city residents — including those who are lesbian, gay, bisexual and transgender [R2.4].

On 04 March 2014, the Oxford Board of Aldermen unanimously approved a resolution in support of adding sexual orientation and gender identity and expression to its diversity statement [R2.3].

On 18 February 2014, Hattiesburg City Council unanimously approved a resolution to add sexual orientation and gender identity and expression to its diversity statement [R2.2].

On 21 January 2014, City of Starkville aldermen unanimously passed an equality resolution stating that the city does not condone discrimination of any kind, including any against its citizens for their sexual orientation or gender identity [R2.1].

On 08 January 2018, the US Supreme Court denied certiorari (review) of the constitutiona validity of House Bill 1523, signed into law by Governor Phil Bryant on 05 April 2017 [C3.11], [R3.10].

On 12 October 2017, the US Court of Appeals for the Fifth Circuit reportedly denied the request of plaintiffs in the Barber v. Bryant lawsuit for an injunction to block the ”Protecting Freedom of Conscience from Government Discrimination” Act (HB 1523) while they appeal to the US Supreme Court [C3.9], [R3.8].

On 02 October 2017, it was reported that attorneys for Mississippians who challenged House Bill 1523 in the Barber v. Bryant case plan to ask the 5th Circuit for a stay, to maintain the status quo, and not allow HB 1523 to become state law, while they appeal to the US Supreme Court. [R3.7].

On 29 September 2017, the US Court of Appeal for the Fifth Circuit denied 12-2 petitions for a rehearing by the full court of the Barber v. Bryant case attempting to block state House Bill 1523, allowing the bill to take effect 06 October 2017 [C3.6], [R3.5].

On 06 July 2017, the plaintiffs filed a petition in the US Court of Appeal for the Fifth Circuit asking for an en banc (full court) hearing of Barber v. Bryant, which seeks to overturn Mississippi’s HB 1523 on the grounds that it is unconstitutional [R3.4].

On 22 June 2017, the US Court of Appeal for the Fifth Circuit in a 3-0 ruling lifted a court order against a ”religious freedom” law in Mississippi that would enable sweeping anti-LGBT discrimination, citing a lack of standing for plaintiffs in litigation against the statute. The ruling will allow enforcement of HB 1523, which had been blocked as a result of a lower court order [C3.3], [R3.2].

In July 2010, The American Civil Liberties Union succeeded in its human rights case against the Itawamba Agricultural High School that refused to allow teenager, Constance McMillen, to take her girlfriend to the prom but instead sent them to a “fake” prom at another location. The school was ordered to pay US$35,000 to McMillen [R3.1].

In April 2001, US 5th Circuit Court of Appeals Circuit Judge Henry A. Politz ruled that a family counselor who refused to treat a lesbian was not wrongfully discharged from her position at the North Mississippi Medical Center [R3.2].

On 15 May 2017, in the first case prosecuted under the law for the killing of someone based on gender identity, Chief United States District Judge Judge Louis Guirola Jr. in the United States District Court for the Southern District of Mississippi, sentenced 29-year-old Joshua Brandon Vallum on a plea of guilty to 49 years in prison for causing the death of his 17-year-old transgender girlfriend Mercedes Williamson in 2015 after a friend found out her gender identity [C1.2], [R1.1]

On 15 May 2017, in the first case prosecuted under the law for the killing of someone based on gender identity, Chief United States District Judge Judge Louis Guirola Jr. in the United States District Court for the Southern District of Mississippi, sentenced 29-year-old Joshua Brandon Vallum on a plea of guilty to 49 years in prison for causing the death of his 17-year-old transgender girlfriend Mercedes Williamson in 2015 after a friend found out her gender identity [C1.2], [R1.1]

On 20 January 2015, in a 5-2 vote, Starkville aldermen overrode the mayor’s veto of their earlier decision to bar city employees from buying buy health insurance coverage for unmarried domestic partners, including those of the same sex [R1.2].

On 06 January 2015, the Starkville Aldermen voted 5-2 to rescind the insurance plan that had been in effect since last fall. Mayor Parker Wiseman says he will veto the decision. It would take five votes to override the veto [R1.1]

In March 2010, the Mississippi Department of Corrections agreed to end the segregation of prisoners with HIV, a longstanding discriminatory policy that had prevented prisoners from accessing key resources that facilitate their successful transition back into the community [R1.1].

The criminal law in Mississippi prohibits sodomy between same-sex and heterosexual couples [L1.1], [R1.1].

Mississippi Code of 1972, Title 97 Chapter 029 [L1.1]

SEC. 97-29-59. Unnatural intercourse.

Every person who shall be convicted of the detestable and abominable crime against nature committed with mankind or with a beast, shall be punished by imprisonment in the penitentiary for a term of not more than ten years.

See: Courts & Tribunals below.

On 26 June 2003, the US Supreme Court ruling in Lawrence & Garner -v- Texas that a similar the law in Texas was an unconstitutional violation of privacy is thought to nullify or invalidate the Mississippi law [C2.1], [R2.1].

On 05 April 2016, Governor Phil Bryant signed HB1523 into law coming into effect 01 July 2016 [R1.7]. The law prohibits the state government from taking any discriminatory action against a person, religious organization, business or government employee for refusing services to LGBT people because of “sincerely held religious beliefs” or “moral conviction” against same-sex marriage, extra-marital sex and/or transgender people.

See now 3. Courts & Tribunals below at [R3.16 to R3.25].

On 01 April 2016, the legislature passed bill HB1523 The “Protecting Freedom of Conscience from Government Discrimination Act”‘, that would allow people with religious objections to deny wedding services to same-sex couples and provide wide protections for actions decried as discriminatory. The Bill now heads to Governor Phil Bryant [R1.6].

On 26 June 2013, the US Supreme Court ruled 5-4 that same-sex couples have the constitutional right to marry and all states must fully recognize same-sex marriages lawfully performed in any jurisdiction [C3.2], [R3.1].

Previously:

Mississippi Constitution, Article 14 General Provisions, Section 263A, approved by the electorate on 02 November 2004 [L1.5].

Marriage may take place and may be valid under the laws of this state only between a man and a woman. A marriage in another state or foreign jurisdiction between persons of the same gender, regardless of when the marriage took place, may not be recognized in this state and is void and unenforceable under the laws of this state [L1.5].

As at April 2004, Mississippi had a measure on the November ballot to constitutionally ban same-sex marriages [R1.4].

Mississippi Code of 1972, Title 93, Chapter 001 [L1.3].

SEC. 93-1-1. Certain marriages declared incestuous and void

(2) Any marriage between persons of the same gender is prohibited and null and void from the beginning. Any marriage between persons of the same gender that is valid in another jurisdiction does not constitute a legal or valid marriage in Mississippi.

SOURCE: 1997 Laws, Chapter 301, Sec. 1, SB2053, Effective February 12, 1997

In 1997, on the second attempt, a bill prohibiting same-sex marriage was adopted in Mississippi [R1.2].

Previously:

In 1996, Mississippi’s state governor Kirk Fordice signed an executive order banning recognition of same-sex marriages [R1.1].

On 02 January 2013, Forrest County Circuit Clerk, Lou Ellen Adams, politely told five lesbian couples who applied for marriage licenses – as part of the ‘Campaign for Southern Equality’ WE DO campaign – she could not legally issue the licenses [R2.1].

On 02 October 2017, it was reported that attorneys for Mississippians who challenged House Bill 1523 in the Barber v. Bryant case plan to ask the 5th Circuit for a stay, to maintain the status quo, and not allow HB 1523 to become state law, while they appeal to the US Supreme Court. [R3.25].

On 29 September 2017, the US Court of Appeal for the Fifth Circuit denied 12-2 petitions for a rehearing by the full court of the Barber v. Bryant case attempting to block anti-LGBTIQ state House Bill 1523, allowing the bill to take effect 06 October 2017 [C3.24], [R3.23].

On 22 June 2017, the US Court of Appeal for the Fifth Circuit in a 3-0 ruling lifted a court order against a ”religious freedom” law in Mississippi that would enable sweeping anti-LGBT discrimination, citing a lack of standing for plaintiffs in litigation against the statute. The ruling will allow enforcement of HB 1523, which had been blocked as a result of a lower court order [C3.22], [R3.21].

On 12 August 2016, the US Court of Appeals Fifth Circuit denied the motion of Governor Phil Bryant seeking a stay of the injunction against HB 1523, the ”Protecting Freedom of Conscience from Government Discrimination Act” that would allow clerks to cite religious objections to recuse themselves from issuing marriage licenses to same-sex couples. The Court also denied the motion seeking an expedited appeal however it granted a consolidation of cases [C3.20], [R3.19].

On 01 August 2016, US District Court Judge Carlton W Reeves denied a motion to stay his preliminary injunction order during the appeal against HB1523. If granted, it would have allowed the state to enforce the law during its appeal of the ruling that Section 3(8)(a) of HB1523 was against the law [R3.18].

On 27 June 2016, US District Court Judge Carlton W Reeves ruled that the state can’t enforce Section 3(8)(a) of HB1523, the ”Protecting Freedom of Conscience from Government Discrimination Act” purporting to allow clerks to cite their own religious beliefs to recuse themselves from issuing marriage licenses to same-sex couples, and ordered that the Campaign for Southern Equality, Rebecca Bickett, et al., v. Phil Bryant same-sex marriage case be ”reopened for the parties to confer about how to provide clerks with actual notice of the Permanent Injunction. The parties shall also confer on appropriate language to include in an Amended Permanent Injunction” [C3.17], [R3.16].

On 01 December 2015, Chancery Judge Mitchell Lundy Jr., reportedly signed the order ending the marriage of Lauren Beth Czekala-Chatham and Dana Ann Melanco [R3.15].

On 05 November 2015, in the wake of the Oberfell v. Hodges case, the Supreme Court of Mississippi granted 5-4 the motion for an entry of judgment in the matter of the divorce of Lauren Beth Czekala-Chatham and Dana Ann Melanco, reversed judgment of the Chancery Court of Desoto County and remanded the matter for further proceedings [C3.14], [R3.13].

On 01 July 2015, the US Court of Appeals for the Fifth Circuit in the light of the Obergefell case, vacated the stay ordered 04 December 2014 and remanded the matter for entry of judgment in favour of the same-sex plaintiffs [C3.12].

On 04 December 2014, the US Court of Appeals for the Fifth Circuit ordered a stay of the 25 November ruling by US District Judge Carlton W Reeves who struck down the same-sex ban. From the Order, the Court will likely hear arguments in this case in conjunction with the Lousiana and Texas cases before the Court on 05 January 2015 [C3.11], [R3.20].

On 25 November 2014, Judge Carlton W Reeves in the US District Court overturned the State’s ban on same-sex marriage, staying his order for 14 days pending the filing of an expected appeal to or an order from the Court of Appeals for the Fifth Circuit or the US Supreme Court [C3.9], [R3.8].

On 22 November 2014, the Mississippi Supreme Court reportedly would will hear arguments 21 January 2015, from Lauren Czekala-Chatham, who wants the state to recognize her same-sex marriage in order to grant a divorce from Dana Ann Melancon [R3.7].

On 20 October 2014, a federal challenge to the law banning same-sex marriage was filed on behalf of Andrea Sanders and Rebecca Bickett, and Jocelyn Pritchett and Carla Webb and the Campaign for Southern Equality. A hearing on the motion for preliminary injunction has been set down for 12 November 2014 [C3.6], [R3.5].

On 13 August 2014, Oktibbeha County Chancery Court Clerk Monica Banks reportedly recorded the Massachusetts marriage certificate of Paris Prince and Ravi Perry of Starkville as a miscellaneous document. The filing is not of much practical use but does make a statement that is a public record [R3.4].

On 02 December 2013, Desoto County Chancery Judge Mitchell Lundy refused to grant a divorce to lesbian couple Lauren Beth Czekala-Chatham and Dana Ann Melancon who got married in California in 2008, saying the marriage wasn’t recognized under state law [R3.3].

On 26 June 2013, the US Supreme Court ruled 5-4 that same-sex couples have the constitutional right to marry and all states must fully recognize same-sex marriages lawfully performed in any jurisdiction [C3.2], [R3.1].

Mississippi law does not allow same-sex couples to adopt but has no prohibition against adoptions by gay individuals [L1.1], [R1.1].

See now: 2. Courts & Tribunals below at [C2.3], [R2.2].

In May 2000, Mississippi became the third state (after Florida and Utah) with a law taking effect on 1 July 2000 prohibiting judges from allowing two people of the same sex to adopt children [R1.2].

The American Civil Liberties Union reportedly may challenge the law [R1.3].

In March 2000 lawmakers moved to make Mississippi the second state this year to enact a law banning homosexual couples from adopting children [R1.4].

On 30 April 2018, Forrest County Youth Court Judge Mike McPhail was reported to have denied court approval of Ashley and LaNisha Davis as adoptive parents of a new foster child, despite the Mississippi Department of Child Protection Services having approved them as adoptive parents. The Judge wanted the child to stay in the county. As an active duty military member, LaNisha had plans to move to New Mexico in May [R2.10].

On 05 April 2018, the Mississippi Supreme Court ruled that non-biological mother Christina ”Chris” Strickland has parental rights to ZS, a 6-year-old boy born by anonymous donor to her ex-wife Kimberly Day when the two were married, and EJ, their other son adopted by Kimberly [C2.9], [R2.8].

On 01 June 2017, it was reported that the Kimberly Jayroe Strickland Day v. Christina Strickland case had been appealed to the State Supreme Court [C2.7], [R2.6].

On 18 October 2016, in divorce proceedings between Kimberly Jayroe Strickland Day and Christina Strickland, Judge John S Grant III in the Rankin County Chancery Court was of the opinion that the IVF child Zayden could not have three parents, two women and the father, reasoning that it is impossible for two women to have a child. The Judge awarded the parties a divorce, awarded custody of the child Zayden to Kimberley subject to visitation rights granted to Christina, she also paying child support and ordered both parties divide Zayden’s school expenses equally [C2.5] [R2.4].

On 31 March 2016, US District Court Judge Daniel P Jordan III struck down Mississippi’s ban on adoption by same-sex adoption, ruling it in violation of the Due Process and Equal Protection Clauses of the United States Constitution and ordering a preliminary injunction against enforcement of Mississippi Code section 93-17-3(5) [C2.3], [R2.2].

In March 2003, Mississippi Judge William Hale Singletary ordered the state Bureau of Public Health Statistics to issue a revised birth certificate reflecting the name of the boy, adopted from Mississippi five years ago, and that of both his lesbian adoptive parents.

The Judge found there was nothing in state law at the time of the adoption saying what gender the parents should be and ” … the Bureau has no discretion to deviate from the statute’s terms” [R2.1].