833 F.3d 510 (5th Cir. 2016), 16-60477, Barber v. Bryant

Docket Nº:16-60477
Citation:833 F.3d 510
Opinion Judge:JAMES E. GRAVES, JR., Circuit Judge:
Party Name:Rims Barber; Carol Burnett; Joan Bailey; Katherine Elizabeth Day; Anthony Laine Boyette; Don Fortenberry; Susan Glisson; Derrick Johnson; Dorothy C. Triplett; Renick Taylor; Brandilyne Mangum-Dear; Susan Mangum; Joshua Generation Metropolitan Community Church, Plaintiffs-Appellees v. Governor Phil Bryant, State of Mississippi; John Davis, ...
Attorney:Robert Bruce McDuff, Esq., Sibyl C. Byrd, Esq., Jackson, MS, for Plaintiffs-Appellee. Jonathan F. Mitchell, Dean John Sauer, James Otis Law Group, L.L.C., Saint Louis, MO, James Andrew Campbell, Alliance Defending Freedom, Scottsdale, AZ, Drew Landon Snyder, Office of the Governor for the State o...
Judge Panel:Before DENNIS, HAYNES, and GRAVES, Circuit Judges.
Case Date:August 12, 2016
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit
 
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Page 510

833 F.3d 510 (5th Cir. 2016)

Rims Barber; Carol Burnett; Joan Bailey; Katherine Elizabeth Day; Anthony Laine Boyette; Don Fortenberry; Susan Glisson; Derrick Johnson; Dorothy C. Triplett; Renick Taylor; Brandilyne Mangum-Dear; Susan Mangum; Joshua Generation Metropolitan Community Church, Plaintiffs-Appellees

v.

Governor Phil Bryant, State of Mississippi; John Davis, Executive Director of the Mississippi Department of Human Services, Defendants-Appellants

No. 16-60477

United States Court of Appeals, Fifth Circuit

August 12, 2016

Appeal from the United States District Court for the Southern District of Mississippi

Page 511

Robert Bruce McDuff, Esq., Sibyl C. Byrd, Esq., Jackson, MS, for Plaintiffs-Appellee.

Jonathan F. Mitchell, Dean John Sauer, James Otis Law Group, L.L.C., Saint Louis, MO, James Andrew Campbell, Alliance Defending Freedom, Scottsdale, AZ, Drew Landon Snyder, Office of the Governor for the State of Mississippi, Jackson, MS, Tommy Darrell Goodwin, Esq., Assistant Attorney General, Office of the Attorney General for the State of Mississippi, Jackson, MS, for Defendants-Appellants.

Before DENNIS, HAYNES, and GRAVES, Circuit Judges.

OPINION

JAMES E. GRAVES, JR., Circuit Judge:

In 2016, the Mississippi Legislature passed the “ Protecting Freedom of Conscience from Government Discrimination Act”, better known as House Bill 1523 (“ HB 1523” ). HB 1523 declares that its aim is “ to provide certain protections regarding a sincerely held religious belief or moral conviction for persons, religious organizations and private associations.” The Act enumerates the beliefs as follows: “ (a) Marriage is or should be recognized as the union of one man and one woman; (b) Sexual relations are properly reserved to such a marriage; and (c) Male (man) or female (woman) refer to an individual’s immutable biological sex as objectively determined by anatomy and genetics at time of birth.” Miss. Laws 2016, HB 1523 § 2 (eff. July 1, 2016).

Members of the clergy, organizations, and other citizens of the State of Mississippi are challenging HB 1523. They contend that it violates both the Establishment Clause of the First Amendment and the Equal Protection...

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