Judge
blocks Mississippi law allowing denial of services to LGBT people
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[July 01, 2016]
(Reuters) - A day before it was due
to come into effect, a federal judge has blocked a Mississippi law
permitting those with religious objections to deny wedding services to
same-sex couples and impose dress and bathroom restrictions on
transgender people.
Mississippi is among a handful of southern U.S. states on the
front lines of legal battles over equality, privacy and religious
freedom after the U.S. Supreme Court last year legalized same-sex
marriage.
U.S. District Judge Carlton Reeves found on Thursday the
wide-ranging law adopted this spring unconstitutionally
discriminated against lesbian, gay, bisexual and transgender people
and others who do not share the view that marriage is between a man
and a woman.
Reeves issued an injunction blocking the law that was to take effect
on Friday.
He agreed with opponents of the law who argued that it violated the
U.S. Constitution's prohibition on making laws that establish
religion.
Mississippi's "Protecting Freedom of Conscience from Government
Discrimination Act" shields those believing that marriage involves a
man and a woman, and sexual relations should occur within such
marriages. It protects the belief that gender is defined by sex at
birth.
The law allows people to refuse to provide wide-ranging services by
citing the religious grounds, from baking a wedding cake for a
same-sex couple to counseling and fertility services. It would also
permit dress code and bathroom restrictions to be imposed on
transgender people.
The law "does not honor that tradition of religion freedom, nor does
it respect the equal dignity of all of Mississippi’s citizens,"
Reeves wrote in his decision.
Mississippi Governor Phil Bryant, a Republican, in April signed the
measure into law. The state has defended it as a reasonable
accommodation intended to protect businesses and individuals seeking
to exercise their religious views.
His staff was unavailable for comment early on Friday.
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A rainbow is seen in the sky behind LGBT pride flags and the U.S.
flag in West Hollywood, California, United States, June 26, 2015.
REUTERS/Lucy Nicholson
Critics say the Mississippi law is so broad that it could apply to
nearly anyone in a sexual relationship outside of heterosexual
marriage, including single mothers. Several lawsuits have challenged
various aspects of the law.
Earlier this week, Reeves addressed a provision allowing clerks to
recuse themselves from issuing marriage licenses to gay couples
based on religious beliefs, saying they had to fulfill their duties
under the Supreme Court ruling.
His ruling on Thursday came after religious leaders, including an
Episcopal vicar and a Jewish rabbi, last week testified in U.S.
District Court for the Southern District of Mississippi that the law
did not reflect their religious views. He also heard about its
harmful potential from members of the gay community.
“I am grateful that the court has blocked this divisive law. As a
member of the LGBT community and as minister of the Gospel, I am
thankful that justice prevailed,” said Rev. Susan Hrostowski, an
Episcopal priest who is a plaintiff in the case.
(Reporting by Brendan O'Brien in Milwaukee; Editing by Toby Chopra)
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