“The State has put its thumb on the scale to favor some religious beliefs over others. Showing such favor tells ‘nonadherents that they are outsiders, not full members of the political community, and . . . adherents that they are insiders, favored members of the political community.’ ” Reeves wrote, citing precedent. “And the Equal Protection Clause is violated by HB 1523’s authorization of arbitrary discrimination against lesbian, gay, transgender, and unmarried persons.”The Mississippi law, which you can read here, is different from the federal Religious Freedom Restoration Act, which gives religious persons some exemptions from generally applicable law. That law applies to any religious belief that is substantially burdened. The Mississippi law specifies 3 particular religious beliefs it exempts: "Marriage is or should be recognized as the union of one man and one woman... Sexual relations are properly reserved to such a marriage... Male (man) or female (woman) refer to an individual's immutable biological sex as objectively determined by anatomy and genetics at time of birth."
July 1, 2016
WaPo reports on a preliminary injunction issued late last night.