Main | Monday, June 29, 2015

BREAKING: Mississippi AG Gives Clerks OK To Issue Same-Sex Marriage Licenses

Via the Clarion-Ledger:
The Attorney General's Office has issued a letter giving the OK for circuit clerks to move forward with same-sex marriage licenses after stating on Friday the Supreme Court decision was not yet effective in Mississippi. Many circuit clerks in Mississippi did not issue same-sex marriage licenses on Friday morning following the U.S. Supreme Court's decision because the Attorney General sent a letter saying the 5th Circuit Court of Appeals must lift the stay on U.S. District Judge Carlton Reeves' order before the Supreme Court's decision became valid.

On Monday, the Attorney General sent an e-mail to clerks that his directive on Friday "seems to have been misinterpreted as prohibiting Circuit Clerks from issuing marriage licenses to same sex couples. The statement was merely meant to explain that an order of the Fifth Circuit would be necessary to lift the stay."

Despite the fact the stay has not yet been lifted, the letter continued, "Obergefell is the law of the land. If a clerk has issued or decides to issue a marriage license to a same sex couple, there will be no adverse action taken by the Attorney General against that circuit clerk on behalf of the State … On the other hand, a clerk who refuses to issue a marriage license to a same sex couple could be sued by the denied couple and may face liability."
RELATED: Yesterday Louisiana Gov. Bobby Jindal announced that his state will comply with the Supreme Court's ruling. No licenses have yet been issued there.

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