Hey Gov. Bryant, A Constitutional Law Expert Says Mississippi Anti-Gay Bill Is ‘Unconstitutional’

University of Mississippi School of Law Professor Says Anti-Gay Bill Uses ‘State Power to Target’ LGBT People

 

 

Mississippi lawmakers on Friday fast tracked an extremely anti-gay bill that Republican Gov. Phil Bryant (photo) was likely expecting to already have on his desk, but Democratic lawmakers managed to invoke a legislative tactic forcing another vote for Monday.  That bill, Gov. Bryant should know, is unconstitutional, a Mississippi constitutional expert says.

“This is a unique use of state power to target those who are engaged in constitutionally protected activities,” University of Mississippi School of Law Professor George Cochran tells The Clarion-Ledger‘s Kate Royals and Sarah Fowler. Cochran, who clerked for Chief Justice Earl Warren and has been on the faculty at “Ole Miss” since 1972 adds the bill is “unconstitutional.”

The Clarion-Ledger details that HB 1523, also known as the “Protecting Freedom of Conscience from Government Discrimination Act,” would:

• prohibit the government from taking any action against religious organizations that decline to provide adoption or foster care services to married same-sex couples.
• allow physicians and other medical professionals to deny services related to sex reassignment or “psychological, counseling, or fertility services” based upon their religious beliefs
• prohibits government from taking action against employers or school officials who establish “sex-specific rules and policies concerning who may use restrooms, lockers, or dressing rooms.
• protect individuals whose sincerely held beliefs include that “sexual relations are properly reserved” to a marriage between a man and a woman, raising questions about whether single mothers could be targeted

Cochran also states the bill uses terms including “sincerely held religious belief” and “moral conviction.” 

“Try defining that,” Cochran says.

The Clarion-Ledger adds that “Sen. Jenifer Branning, R-Philadelphia, told senators when she was presenting the bill on the floor that as a lawyer, she was ‘confident’ in the bill’s constitutionality.”

 

EARLIER:

WATCH: Mississippi Lawmaker Says Anti-Gay Bill Gives Businesses ‘Protection From Discrimination’

Breaking: Mississippi Lawmakers Fast Track Extremist Anti-Gay Bill, Have Just Sent It To Governor

Horrific Anti-LGBT ‘Religious Freedom’ Bill Passes Mississippi Legislature

 

Image: Mississippi Gov. Phil Bryant, via Facebook