MISSISSIPPI: Plaintiffs Ask Fifth Circuit Court For Expedited Review

The Campaign For Southern Equality and DOMA attorney Roberta Kaplan have petitioned the Fifth Circuit Court for an expedited review of the ruling that overturned Mississippi's ban on same-sex marriage. On Wednesday, Gov. Phil Bryant and state Attorney General Jim Hood appealed that ruling to the Fifth Circuit, which is already scheduled to hear oral arguments in the Texas and Louisiana cases on January 9th. The Mississippi motion requests a hearing on that date also:

The parties in Campaign for Southern Equality deserve to have their arguments heard by this Court and to have their dispute settled upon its own merits alongside De Leon and Robicheaux, rather than indirectly and by implication through other litigants from other states. Judge Reeves’ decision includes extensive discussion of the history of the Mississippi laws in question, the history of discrimination against gay men and lesbians within the State of Mississippi, and the current political climate with respect to equal rights for gay men and lesbians in the State of Mississippi. These present unique issues for this Court’s consideration, which are not present in either De Leon or Robicheaux.

The state-specific nature of Campaign for Southern Equality weighs heavily in favor of this Court addressing this case directly. Moreover, doing so would allow Mississippi’s laws to stand (or fall) on their own merits, rather than forcing Plaintiffs-Appellees to rely on other private litigants, or the State of Mississippi to rely on argument from its sister States. The inconsistency in the application of the constitutional rights at issue in De Leon, Robicheaux, and Campaign for Southern Equality strongly warrants this Court providing its reasoned guidance with respect to the laws of each state in this Circuit.

RELATED: The stay on Florida's ruling is due to expire on January 5th and state Attorney General Pam Bondi has demanded that the Eleventh Circuit Court issue an indefinite stay extension in that case while appeals proceed. That week in January promises to be quite busy.

Mississippi Asks Fifth Circuit To Extend Marriage Stay: Don't Turn Us Into Utah

Mississippi Gov. Phil Bryant and state Attorney General Jim Hood this afternoon filed a motion with the Fifth Circuit Court which demands an indefinite stay extension on yesterday's ruling by a federal district court. That court's stay is scheduled to expire in two weeks and according to today's filing, unless an emergency extension is granted, there will be another "debacle" as was seen in Utah.

Absent the immediate entry of an emergency stay, at the opening of business on Wednesday, December 10, 2014, Mississippi circuit clerks will be forced to issue marriage licenses to same-sex couples, inderogation of Mississippi’s strong public policy favoring traditional marriages, as reflected in state statutory and constitutional provisions. The State Defendants, Governor Phil Bryant and Attorney General Jim Hood, filed a contingent motion for stay pending appeal in the district court in the event that court entered a preliminary injunction. Last night, the district court granted the Plaintiff-Appellees’ Motion for Preliminary Injunction, but entered only a 14 day temporary stay, necessitating this request for emergency relief.

The preliminary injunction drastically alters the status quo and disrupts the social fabric and traditions of the State. If same-sex marriages are permitted to proceed, even for a very short time, if the validity of Mississippi’s traditional marriage laws is upheld on appeal, the State would be presented with the extremely unfortunate and thorny issue of having to legally unwind any marital or other family relationships which were created or altered pursuant to “in the interim” same-sex marriage licenses. The recent debacle in the State of Utah that resulted from the courts’ “on-again, off-again” treatment of same-sex marriage is illustrative, and this Court should take action to prevent Mississippi from having to endure the same experience.

Read the full filing at Equality Case Files.

MISSISSIPPI: State Files Notice Of Appeal

Mississippi Gov. Phil Bryant and state Attorney General Jim Hood today filed notice that they will appeal yesterday's marriage ban ruling to the Fifth Circuit Court, whose jurisdiction includes that state, Louisiana, and Texas. The Fifth Circuit is scheduled to hear oral arguments in the Texas and Louisiana cases on January 5th and it seems likely that Mississippi will be added to that day's roster. See today's filing at Equality Case Files.