Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Mississippi may face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Mississippi. Same-sex marriage is legal in accordance with the Supreme Court's decision in Obergefell v. Hodges.
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Legality of same-sex sexual activity
Same-sex sexual activity has been legal in Mississippi since 2003, when the United States Supreme Court struck down all state sodomy laws in the case of Lawrence v. Texas.
Recognition of same-sex relationships
On August 24, 1996, Governor Kirk Fordice issued an executive order banning same-sex marriage in the state. A statute banning same-sex marriage took effect on February 12, 1997. On November 4, 2004, voters approved a constitutional amendment that defined marriage as the union of one man and one woman.
On November 25, 2014, Carlton W. Reeves, district judge of the U.S. District Court for the Southern District of Mississippi, ruled Mississippi's ban on same-sex marriage unconstitutional, but stayed enforcement of his ruling until December 9. On December 4, the Fifth Circuit Court of Appeals issued a stay pending appeal.
On June 29, 2015, following the ruling by the U.S. Supreme Court on June 26 in Obergefell v. Hodges that held bans on same-sex marriage unconstitutional, Attorney General Jim Hood informed the state's circuit clerks that they could issue marriage licenses to same-sex couples and that refusal to do so might invite lawsuits on the part of those denied licenses.
Adoption and parenting
Mississippi has been required to recognize adoption rights for same-sex couples since a federal court ruling in March 2016, which struck down a statutory ban on same-sex couples adopting children jointly. The following details the history of this process.
Mississippi has always permitted adoption by an unmarried adult without regard to sexual orientation. Couples of the same gender were not able to adopt jointly as a result of the state adopting a law banning adoption and fostering by same-sex couples in 2000. By early 2015, Mississippi was the only state that continued to enforce such a ban.
In February 2013, Ronnie Musgrove, who as governor in 2000 had signed the ban, described how his views had changed and that the law "made it harder for an untold number of children to grow up in happy, healthy homes in Mississippi-and that breaks my heart". On August 12, 2015, the Campaign for Southern Equality, the Family Equality Council, and four Mississippi same-sex couples filed a lawsuit challenging that ban in federal court. Their complaint noted that as of 2014, 29% of Mississippi households headed by a same-sex-couple included children under the age of 18, the highest percentage in any U.S. state.
On March 31, 2016, U.S. District Judge Daniel Jordan issued a preliminary injunction striking down Mississippi's ban on adoption rights for same-sex couples, declaring it unconstitutional. A spokeswoman for the state's Attorney General responded to the ruling by stating; "We respect the district court's analysis of the law and will consult with the Department of Human Services on what options to take going forward." Any appeal is considered unlikely to succeed. The ruling made Mississippi the 50th and final state in the United States to allow same-sex couples to have adoption rights. The ban was officially declared dead on May 2, 2016 after a deadline passed at midnight for Mississippi officials to appeal the federal ruling. One of the plaintiffs, Susan Hrostowski along with her wife, Kathryn Garner said: "I've been waiting 16 years to be able to adopt my son, so I'm overjoyed about that." Beginning May 3, 2016, any same-sex couples in the state of Mississippi may adopt children legally.
Discrimination protections
Mississippi law does not address discrimination based on gender identity or sexual orientation. The state capital of Jackson and a few other cities, such as Bay St. Louis and Magnolia, have approved ordinances banning discrimination based on sexual orientation and gender identity in public and private employment.
Religious freedom
In recent years, the Mississippi Legislature has passed several laws protecting the beliefs of religious people.
The Mississippi Student Religious Liberties Act of 2013 protects the views of students in any educational institution from being reprimanded for their religious views.
The Mississippi Religious Freedom Restoration Act protects religious people from legal repercussions if they verbally condemn the lifestyle or actions of LGBT persons.
Passed in 2016, the Religious Liberty Accommodations Act protects the beliefs that marriage should be the union of one man and one woman, sexual relations are properly reserved to such a marriage, and male and female refer to an individual's biological sex as objectively determined by anatomy and genetics at time of birth. Soon after the bill's passage, many states and cities banned public travel to Mississippi. The bill was due to go into effect on July 1, 2016. On June 30, however, U.S. District Court Judge Carlton W. Reeves issued a preliminary injunction blocking the law.
Local non-discrimination resolutions
The following cities have passed resolutions supporting the LGBT community:
- Hattiesburg on February 18, 2014
- Oxford on March 4, 2014
- Magnolia on April 22, 2014
- Greenville on April 29, 2014
- Bay St. Louis on May 6, 2014
- Waveland on May 21, 2014
- Jackson on June 3, 2014
Starkville passed such a resolution in January 2014. On January 6, 2015, however, the Starkville City Council voted 5-2 to repeal the equality resolution. On January 8, 2015, Mayor Parker Wiseman vetoed the ordinance. On January 21, 2015, the Starkville City Council voted 5-2 to override the Mayor's veto and repeal the equality resolution.
Gender identity and expression
Transgender people are allowed to change their gender on their birth certificates in Mississippi. In order to do so, they must receive a certified court order, a medical statement, and pay the required fee. The state of Mississippi will then issue an amended birth certificate. Sex reassignment surgery isn't required.
Hate crime laws
State law does not address hate crimes based on gender identity or sexual orientation.
Source of the article : Wikipedia
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