Mississippi House Bill 1523 went into effect on October 10 after being stalled in court for over a year. HB 1523 or better known as the Religious Liberty Accommodations Act is a Mississippi Law that protects the beliefs that marriage should be recognized as a union between a man and a woman.
Same sex marriage has been a hot topic for the country since the US Supreme Court ruled that same sex marriage is a legal right across the United States in 2015. Mississippi was one of fourteen states affected by the decision. Arguments against the ruling of the Supreme Court were deeply rooted in religious beliefs. Christian conservatives which make up a large population of Mississippi and its elected leaders condemned the decision. For months there were reports from around the country of possible discrimination against same sex couples looking to be married. One of the most memorable cases from that time involved Kim Davis who was the county clerk in Rowan County Kentucky. Two months after the Supreme Court ruled in favor of same sex marriage Davis continued to deny same sex couples marriage license saying she was acting on God’s authority and citing her religious beliefs. Davis was eventually jailed for contempt of court for continuing to refuse same sex couples marriage licenses, after being ordered by the U.S. District Court. She became a hero and a villain to opposing sides on a central issue.
HB 1523 was scheduled to go into effect on July 1 of 2016 but was blocked by injunctions, until recently. The Religious Liberty Accommodations Act allows government workers and private business owners to cite religious beliefs or moral convictions to justify refusal of service to same sex couples. Section 2 of HB 1523 states that the sincerely held religious beliefs or moral convictions protected by the act are the belief or conviction that:
Marriage is or should be recognized as the union of one man and one woman, sexual relations are properly reserved to such a marriage, and male or female refers to an individual’s immutable biological sex as objectively determined by anatomy at the time of birth.
HB 1523 gives government employees who have the authority to authorize or license marriages the right to seek recusal from authorizing marriages that don’t coincide with the beliefs the bill protects. It also states that the person who is recusing himself or herself shall take all necessary steps to ensure that the authorization and licensing of legally valid marriages is not impeded or delayed as a result of any recusal.
Simpson County Circuit Clerk Steve Womack shared his thoughts on the issue and how it would affect Simpson County. Womack said that to his knowledge no same sex marriage license have been issued in Simpson County. Womack said, “I will not issue one, if my employees want to that’s up to them.” He also believes that Attorney General Jim Hood is in favor of same sex marriages, and revealed that he and 8 other circuit clerks attempted to meet with him about the issue, but he refused to see them.
Womack said, “I’m never going to issue one. I have not and I will not. HB 1523 protects my right to religious freedom and that goes against my religion.” He suggested that if no one in the Simpson County Circuit Clerk’s office was willing to issue the license then same sex couples could try another county. “You don’t have to get the license within the county you live,” said Womack. “No, it doesn’t affect Simpson County at all.”
