You’d have thought that you’d see a Muslim governor in Mississippi before you’d see marriage equality, but it turns out you’d be wrong. A federal court has ruled that the state’s ban on marriage is unconstitutional. Just to underline how inevitable marriage equality has become even in the South, a federal judge in Arkansas struck down that state’s ban just hours before.
The ruling is on hold for two weeks while the state prepares an appeal. There are now 35 states where marriage equality is the law or been found constitutional.
Judge Carlton Reeves determined that Mississippi’s ban on same-sex marriage amounted to “state-sanctioned discrimination” and concluded that “same-sex couples should be allowed to share in the benefits, and burdens, for better or for worse, of marriage.” Reeves also addressed the state’s decades-long history of homophobia, calling Mississippi out for “a constellation of state laws that treat gay and lesbian Mississippians as lesser, ‘other’ people.”
It’s worth noting that both Reeves and Kristine Baker, the judge in the Arkansas case, were appointed to the bench by Obama. (Just in case you ever wonder about the consequences of elections.) It’s also worth noting that the lawyer representing the couples challenging the law was Roberta Kaplan, who represented Edie Windsor before the Supreme Court.
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Reeves’ ruling is an earthquake in a state that just this year passed a bill making it legal to discriminate against LGBT people if you say Jesus told you to do so. Needless to say, heads immediately began exploding across the state as opponents of anything gay struggled to adjust to the 21st century.
Bryan Fischer of the American Family Association, which is headquartered in Tupelo, called on Gov. Phil Bryant to disregard the ruling altogether.
“There is one and only one short range solution to a runaway judiciary on the issue of sodomy-based marriage: a governor with the testosterone to stand up and just say no,” Fischer said. Because the judiciary has no police force, Fischer argues, “If its unconstitutional rulings are ignored, what will the Supreme Court do?”
One side effect of the Mississippi ruling is to prove data geek Nate Silver wrong. Silver had predicted that Mississippi or Alabama would be the last state to legalize marriage equality based on changes in public attitudes. Alabama isn’t looking good for Silver either.
Mississippi State Rep. Alyce Clark, who has a gay son, had the appropriate response to Reeves ruling: “Maybe we won’t be last in everything.”
True, for a change. And who is going to want to hold the title as the last state to embrace marriage equality?
hyhybt
There probably won’t be a single “last state,” but who wants to share the title?
MacAdvisor
“It’s worth noting that both Reeves and Kristine Baker, the judge in the Arkansas case, were appointed to the bench by Obama.”
Yes, Reeves and Kristine Baker were appointed by Obama. However, Judge Vaughn Walker, who held the Prop. 8 trial, was appointed by Ronald Reagan. That trial not only led to same-sex marriage being restored in California, but is so publicly displayed the inadequacies of the anti-same sex crowd that the decision is reasonably viewed as the tipping point that started all the victories. BTW, Reagan also appointed Judge Richard Posner who authored the opinion of a three-judge panel on the 7th Circuit Court of Appeals that ruled Indiana and Wisconsin’s bans on same-sex marriage were unconstitutional. The opinion is a master piece that guts any anti-gay marriage argument.
So, yes, elections matter, but so does logical, clear-headed thinking by reasonable people doing their jobs.
gyntlgynt
I am so happy Marriage Equality is sweeping the nation,and I can’t wait until the other 15 states Fall in !!!
alterego1980
I am eagerly awaiting the next sentimental milestone of having marriage equality contiguously across the lower 48 from coast to coast! That will be a beautiful day.
Alan down in Florida
Can’t tell you how happy I am that my Mississippi and Arkansas brethren have one more thing to give thanks for tomorrow.
Silas Wegg
Wasn’t there just a piece posted on this esteemed publication about how marriage equality was doomed because of the Republicans? Now it’s inevitable? Same with the gay prison thing: it was horrible, then great, then horrible, then great again. Not that I expect integrity from this rag, but the flip flops (not that kind!) are glaring.
Charli Girl
@MacAdvisor:
Exactly! Well said!!
Charli Girl
Republicans can’t do squat against Marriage Equality… I don’t care how many midterms they squeak by bc Dems are too lazy to get to the booths! Supreme Court is the caboose of the legal train!!!
1EqualityUSA
Charli Girl, Always ask who the Republicans would want for the next Supreme Court vacancy.
PLAYS WELL WITH OTHERS
Absolutly Freaking Amazing that not a single state that now allows Gay marriage has had:
> Any noticeable plauges of locusts devouring the vegetation……..
> Residents having to dodge lightning bolts as they run to their cars……
> Found their teen sons signing up and hooking up en masse on Grindr……….
In other words the effect and or affect equality had had on anyone but those now enjoying equality IS NOTHING!
SouthwestSun
I believe that the Democrat-Republican distinction on same sex marriage will soon fade as the idea becomes mainstream in BOTH parties. This will be good as it pushes the anti-gay people out of both parties. I predict that one day soon the Republican party will be pretty much as friendly to gays as the dems – this will force the gay haters out of the GOP and into oblivion.