Mississippi House Bill 1523 (H.B. 1523), also called the Religious Liberty Accommodations Act or Protecting Freedom of Conscience from Government Discrimination Act, is 2016 state legislation passed in direct response to federal rulings in support of same-sex marriage. MS H.B. 1523 provides protections for persons, religious organizations, and private associations who choose to provide or withhold services discriminatorily in accordance to the three "deeply held religious beliefs or moral convictions" which are specifically outlined in the bill. These protected beliefs are 1) that marriage is and should be an exclusively heterosexual union, 2) sex should not occur outside of marriage, and 3) that biologically-assigned sex is objective and immutably linked to gender.
MS H.B. 1523 protects organizations, companies, and individuals that use any of the aforementioned "deeply held religious beliefs or moral convictions" to justify the choice to deny or offer several different types of services. Individual and organizational decisions that are protected under MS H.B. 1523 include—but are not limited to—issuing marriage licenses, granting adoptions, hiring practices (including state employees), healthcare coverage, housing agreements, as well as specific medical services (including sex reassignment surgery or conversion therapy).
After being passed through Mississippi legislature, H.B. 1523 was originally intended to come into effect on July 1, 2016; however, U.S. District Judge Carlton W. Reeves issued a preliminary injunction blocking the law on June 30. Three days before, he had issued a permanent injunction requiring government officials to issue marriage licenses to same-sex couples regardless of the officials' religious beliefs. On June 23, 2017, the United States Court of Appeals for the Fifth Circuit reversed Reeves' district court decision, holding that the plaintiffs in the lawsuit lacked standing to bring the lawsuit. The Fifth Circuit accordingly lifted the injunctions, allowing the law to go into effect. The Supreme Court declined to hear the case.
Background
On June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that the denial of marriage rights to same-sex couples is unconstitutional. This decision legalized same-sex marriage throughout the U.S. (including in Mississippi) and found that the right to marry is a fundamental right within the U.S. and cannot legally be denied to same-sex couples.
On March 31, 2016, U.S. District Judge Daniel Porter Jordan III issued a preliminary injunction striking down the Mississippi's ban on adoption privilege for same-sex couples which had been in effect since 2000, declaring it unconstitutional.
In the aftermath of these federal rulings, House Bill 1523 was introduced. Mississippi legislators created a bill establishing state-specific exemptions to these federal decisions, namely protection for individuals, organizations, and institutions who choose to deny service to LGBT individuals based on religious beliefs. Republican State Senator Jenifer Branning drew a direct connection between Obergefell and H.B. 1523 when she introduced the bill on the Mississippi Senate floor, saying, "this is presenting a solution to the crossroads we find ourselves in today as a result of Obergefell v. Hodges."
Legislative history
Representatives Philip Gunn, William Tracy Arnold, C. Scott Bounds, Lester Carpenter, J. Andrew Gipson, William Shirley, Randy Boyd, and Dan Eubanks officially introduced House Bill 1523, titled "Protecting Freedom of Conscience from Government Discrimination Act".
On February 19, 2016, the Mississippi House of Representatives passed the bill, with 80 ayes, 39 nays, and 3 absent or not voting.
On March 30, 2016, the Mississippi Senate passed an amended bill, with a 32 ayes, 17 nays, and 1 absent or not voting.
On April 1, 2016, the Mississippi House of Representatives passed the bill as amended by the Senate, with 69 ayes, 44 nays, 7 absent or not voting, and 1 voted present.
On April 5, 2016, GovernorPhil Bryant signed the bill. The bill was intended to go into effect on July 1, 2016.
On April 12, 2016, Mississippi state representatives including Rep. Jay Hughes introduced a suspension resolution, titled the Mississippi Economic and Tourism Recovery Act, aimed at repealing HB 1523.
On June 27, 2016, U.S. District Judge Carlton W. Reeves entered a permanent injunction blocking HB 1523's provision allowing county clerks to recuse themselves from issuing marriage licenses.
On June 30, 2016, hours before the law was to come into force, Judge Reeves issued a preliminary injunction blocking the rest of HB 1523.