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.

MISSISSIPPI: Gov. Phil Bryant Vows To Appeal When Marriage Ban Is Struck Down

"This is something the people of the state of Mississippi voted overwhelmingly to support, and now a judge is saying it's unconstitutional. It's in the courts and we certainly turn to the Attorney General to put up a vigorous defense and appeal." - Mississippi Gov. Phil Bryant, on the likely overturn of his state's ban on same-sex marriage. The ruling on that case can come at any time.

MISSISSIPPI: State Files Opposition To Immediate Gay Marriage Request

At a hearing to be held tomorrow, DOMA attorney Roberta Kaplan will lead the legal team seeking to overturn Mississippi's ban on same-sex marriage. Last night Gov. Phil Bryant filed a motion in opposition to Kaplan's request that marriages commence immediately while the lawsuit proceeds. Via the Associated Press:

Bryant and Attorney General Jim Hood responded that the 5th U.S. Circuit Court of Appeals, which hears cases from Mississippi and two other states, has not recognized gays and lesbians as a group with specific civil-rights protections. Because of that, there is no reason for a federal district judge to give “heightened scrutiny” to claims of bias. “Mississippi’s traditional marriage laws do not discriminate,” Bryant and Hood said in court papers Monday. In November 2004, Mississippi voters approved a constitutional amendment defining marriage as being only between one man and one woman. A federal judge will hear arguments Wednesday as plaintiffs seek to block the state from enforcing its same-sex marriage ban while the lawsuit is pending.

From Bryant's filing:

On October 20, 2014, Plaintiffs, the Campaign for Southern Equality,Rebecca Bickett, Andrea Sanders, Jocelyn Pritchett, and Carla Webb (collectively“the Campaign”) filed this lawsuit seeking declaratory and injunctive relief against the Governor, Attorney General (collectively “the State Defendants”), and the Hinds County Circuit Clerk and claiming Mississippi Code Section 93-1-1(2) and Article14, Section 263A of the Mississippi Constitution violate the Fourteenth Amendment of the United States Constitution. Complaint, Docket No. 1. Simultaneously, the Campaign filed its instant motion for a preliminary and immediate injunction constituting full and final relief on the merits of its claims. The Campaign’s motion should be denied for failure to satisfy the four necessary elements for preliminary injunctive relief. No substantial likelihood of success on the merits has been shown, no threat of immediate and irreparable injury has been proven, the balance of potential harms favors the defendants, and the requested preliminary injunctive relief would disserve the public’s interest.

RELATED: In a separate case, back in September the Alliance Defending Freedom filed a brief on Bryant's behalf in a same-sex divorce case before the Mississippi Supreme Court.

MISSISSIPPI: Today's Front Page

Mississippi's most-read newspaper today declared that the "days appear numbered" for that state's ban on same-sex marriage. And that has local boy Bryan Fischer sputtering in familiar fashion. From the Clarion-Ledger:

The Fifth Circuit Court of Appeals, which covers Mississippi, could provide the catalyst for the Supreme Court to decide the gay marriage issue once and for all, nationwide. And it's likely, many legal experts believe, bans on gay marriage such as Mississippi's will fall. "I am opposed to same-sex marriage, but I believe the time has come for people of faith in Mississippi to prepare for the overturning of our constitutional ban on it," said state Rep. Andy Gipson, House judiciary chairman. In Mississippi and other Bible Belt states, the gay marriage issue remains contentious. "I do think the bans are in jeopardy because of out-of-control, rogue renegade judges at every level of our federal judiciary," said Bryan Fischer, director of issue analysis at the Tupelo-based American Family Association. "The federal judiciary has become the place where the Constitution and democracy go to die." Fischer said federal government and courts should have no jurisdiction over state marriage laws. "There is no mention of the word marriage or homosexuality in the federal Constitution, so it should be left exclusively to the states," Fischer said.

Mississippi Gov. Phil Bryant weighs in on the above-linked article: "In 2004, over 86 percent of Mississippi voters supported a constitutional amendment providing that marriage in Mississippi is valid only between a man and a woman. I will continue to uphold the constitution of the state of Mississippi." (Tipped by AM Equality)

MISSISSIPPI: Gov Uses Hate Group To Intervene In Gay Divorce Case

Represented by Alliance Defending Freedom, Mississippi Gov. Phil Bryant has filed to intervene in a same-sex divorce case before the state Supreme Court.

The high court said Monday that it would hear the case instead of assigning it to the Court of Appeals. Tuesday, justices approved Bryant's motion to intervene. It's unclear if the court will hear oral arguments or when it might rule. In 2013, DeSoto County Chancery Judge Mitchell Lundy Jr. ruled that the Mississippi Constitution and statutes prevented him from granting a divorce to Lauren Czekala-Chatham and Dana Ann Melancon. The women married in San Francisco in 2008 and bought a house in Mississippi before separating in 2010. They could divorce in California, but Czekala-Chatham says she shouldn't be treated differently than straight couples. Melancon objected to the divorce but later agreed to a binding settlement splitting the couple's property even though the divorce was denied. It's possible the state high court could await guidance from the U.S. Supreme Court. Wesley Hisaw, Czekala-Chatham's lawyer, told The Associated Press Wednesday that the nation's high court may agree to hear Utah's appeal of a ruling striking down that state's ban on gay marriage.