Laws

United States of America

MISSISSIPPI

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Artifical Insemination
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Custody of Children
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Gender Identity
Harassment
Hate Crimes
Health, Medical
HIV/Aids
Homosexuality
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Sodomy
Transgender, Transsexual
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Children: Access, Custody, Visitation Legislation/Cases/References
2.

Courts & Tribunals

In 2003, Mississippi courts reportedly still deny custody based on sexual orientation alone [R1.6].


On 01 June 2017, it was reported that the Kimberly Jayroe Strickland Day v. Christina Strickland case had been appealed to the State Supreme Court [C1.5], [R1.4].

On 18 October 2016, in divorce proceedings between Kimberly Jayroe Strickland Day and Christina Strickland, Judge John S Grant III in the Rankin County Chancery Court was of the opinion that the IVF child Zayden could not have three parents, two women and the father, reasoning that it is impossible for two women to have a child. The Judge awarded the parties a divorce, awarded custody of the child Zayden to Kimberley subject to visitation rights granted to Christina, she also paying child support and ordered both parties divide Zayden's school expenses equally [C1.3] [R1.2].

In February 1999, the Mississippi Supreme Court in a 5–3 decision upheld a lower-court decision challenging the morality of the father's lifestyle and stating that since the boy was ambivalent about where he lived, his best interest would be served with his mother and stepfather, despite evidence of spousal abuse [R1.1].

The court did, though, reverse DeSoto County Chancellor Percy Lee Lynchard Jr.'s order that the gay father's domestic partner of eight years move out of the pair's home when the youth, 13 at the time of Lynchard's 1997 order, visited.

R1.6 365gay.com: North Dakota Strikes Down Anti-Gay Parenting Ruling 14 NOV 03
C1.5 Brief of Appellant: Christrina Strickland v. Kimberley JayroeStrickland Day No. 2016-CA-01504 PDF 467.27kb 01 JUN 17
R1.4 TheSacramentoBee: Lesbian challenges court ruling that she's not legal parent 01 JUN 17
C1.3 Final Judgment of Divorce: Kimberly Jayroe Strickland Day v. Christina Strickland No. 61CH:15-cv-02370 PDF 251.09kb 18 OCT 16
R1.2 SunHerald: She was denied custody because 2 women can't make a child, judge says 02 NOV 16
R1.1 Commercial Appeal: High court: Home With Abuse Better Than Gay Father's 09 FEB 99
Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
See also: [DISCRIMINATION] [MARRIAGE]
1.

Cities & Towns

On 05 September 2014, the City of Starkville was reported to have announced that benefits including health insurance, will be extended to same-sex partners of its employees [R1.1]

R1.1 ReutersUS: City to become first in Mississippi to grant same-sex spouse benefits - report 08 SEP 14
Discrimination Legislation/Cases/References
See also: [HIV / Aids]
1.

State

On 05 April 2016, Governor Phil Bryant signed bill HB1523 The "Protecting Freedom of Conscience from Government Discrimination Act", that prohibits the state government from taking any discriminatory action against a person, religious organization, business or government employee for refusing services to LGBT people because of ''sincerely held religious beliefs'' or ''moral conviction'' against same-sex marriage, extra-marital sex and/or transgender people [L1.6]. [R1.5].

On 01 April 2016, the legislature passed bill HB1523 The "Protecting Freedom of Conscience from Government Discrimination Act", that would allow people with religious objections to deny wedding services to same-sex couples and provide wide protections for actions decried as discriminatory. The Bill now heads to Governor Phil Bryant [R1.4].

See now 3. Courts & Tribunals below at [R3.2] to [R3.7]

On 01 July 2014, the Religious Freedom Restoration Act that opponents argue allows businesses to deny services to LGBT people based on their religious beliefs came into effect [R1.3].

On 03 April 2014, Governor Phil Bryant signed SB2681- the Religious Freedom Restoration Act - into law. It is contended that the law will allow businesses and individuals to deny service to anyone if serving that person or organization would "substantially burden" the individual's "religious exercise" [R1.2].

On 01 April 2014, Senate Bill 2681, the Religious Freedom Restoration Act that says state and local governments cannot put a substantial burden on religious practices, passed the House 79-43 and the Senate 37-14 and now goes to Republican Governor Phil Bryant. The law could prompt people to cite religious beliefs in taking actions that discriminate against gay people, women or those of different racial backgrounds or faiths [R1.1].

2.

Cities & Towns

On 03 June 2014, the Jackson City Council approved 3-1 a non-binding resolution declaring tghe City's commitment to non-discrimination on the basis of sexual orientation and gender identity [R2.5].

On 21 May 2014, the Waveland City Council was reported to have unanimously passed an anti-discrimination resolution recognizing the dignity and worth of all city residents -- including those who are lesbian, gay, bisexual and transgender [R2.4].

On 04 March 2014, the Oxford Board of Aldermen unanimously approved a resolution in support of adding sexual orientation and gender identity and expression to its diversity statement [R2.3].

On 18 February 2014, Hattiesburg City Council unanimously approved a resolution to add sexual orientation and gender identity and expression to its diversity statement [R2.2].

On 21 January 2014, City of Starkville aldermen unanimously passed an equality resolution stating that the city does not condone discrimination of any kind, including any against its citizens for their sexual orientation or gender identity [R2.1].

3.

Courts & Tribunals

On 12 October 2017, the US Court of Appeals for the Fifth Circuit reportedly denied the request of plaintiffs in the Barber v. Bryant lawsuit for an injunction to block the ''Protecting Freedom of Conscience from Government Discrimination'' Act (HB 1523) while they appeal to the US Supreme Court [C3.9], [R3.8].

On 02 October 2017, it was reported that attorneys for Mississippians who challenged House Bill 1523 in the Barber v. Bryant case plan to ask the 5th Circuit for a stay, to maintain the status quo, and not allow HB 1523 to become state law, while they appeal to the US Supreme Court. [R3.7].

On 29 September 2017, the US Court of Appeal for the Fifth Circuit denied 12-2 petitions for a rehearing by the full court of the Barber v. Bryant case attempting to block state House Bill 1523, allowing the bill to take effect 06 October 2017 [C3.6], [R3.5].

On 06 July 2017, the plaintiffs filed a petition in the US Court of Appeal for the Fifth Circuit asking for an en banc (full court) hearing of Barber v. Bryant, which seeks to overturn Mississippi’s HB 1523 on the grounds that it is unconstitutional [R3.4].

On 22 June 2017, the US Court of Appeal for the Fifth Circuit in a 3-0 ruling lifted a court order against a ''religious freedom'' law in Mississippi that would enable sweeping anti-LGBT discrimination, citing a lack of standing for plaintiffs in litigation against the statute. The ruling will allow enforcement of HB 1523, which had been blocked as a result of a lower court order [C3.3], [R3.2].

In July 2010, The American Civil Liberties Union succeeded in its human rights case against the Itawamba Agricultural High School that refused to allow teenager, Constance McMillen, to take her girlfriend to the prom but instead sent them to a "fake" prom at another location. The school was ordered to pay US$35,000 to McMillen [R3.1].


In April 2001, US 5th Circuit Court of Appeals Circuit Judge Henry A. Politz ruled that a family counselor who refused to treat a lesbian was not wrongfully discharged from her position at the North Mississippi Medical Center [R3.2].

L1.6 Mississippi Legislature: HB1523 The "Protecting Freedom of Conscience from Government Discrimination Act" (Accessed 09 APR 16)
R1.5 TheWashingtonPost: Mississippi's new law allowing refusal of service to LGBT people is the most sweeping yet 05 APR 16
R1.4 ReutersUS: Mississippi lawmakers approve religion bill amid gay-rights protests 01 APR 16
R1.3 WashingtonBlade: Anti-gay Mississippi law takes effect 02 JUL 14
R1.2 The Advocate: Mississippi Gov. Signs 'License to Discriminate' Into Law 03 APR 14
R1.1 EdgeOnTheNet: Anti-Gay 'Religious Practices Bill' Headed To Miss. Governor 02 APR 14
R2.5 Mississippi's largest city embraces LGBT equality 04 JUN 14
R2.4 SunHerald: Waveland passes resolution favoring LGBT community 21 MAY 14
R2.3 WashingtonBlade: Mississippi city passes LGBT ordinance 05 MAR 14
R2.2 WashingtonBlade: Mississippi city approves LGBT resolution 19 FEB 14
R2.1 HumanRightsCampaign: Starkville Becomes First City in Mississippi to Pass Resolution Recognizing LGBT Residents 21 JAN 14
3. Courts & Tribunals
C3.9 Petition for a Writ of Certiorari: Rims Barber, et al. v. Governor Phil Bryant, et al. PDF 771.48kb 10 OCT 17
R3.8 JacksonFreePress: HB 1523 Becomes Law Amid Outcry, U.S. Supreme Court Asked to Appeal 12 OCT 17
R3.7 JacksonFreePress: HB 1523 May Become Law This Week; Plaintiffs Asking Supreme Court to Hear Case 02 OCT 17
C3.6 On Petition for Rehearing En Banc: Barber v. Bryant No. 16-60477 PDF 183.74kb 29 SEP 17
R3.5 WashingtonBlade: Court upholds ruling for Mississippi anti-LGBT law ­ but there’s stinging dissent 30 SEP 17
R3.4 MetroWeekly: Plaintiffs challenging Mississippi ''religious freedom'' law ask for full 5th Circuit to rehear case
C3.3 Opinion: Rims Barber, et al. v. Governor Phil Bryant & Anor. No. 16-60477 PDF 156.13kb 22 JUN 17
R3.2 TheWashingtonBlade: 5th Circuit rules for Mississippi anti-LGBT ‘religious freedom’ law 22 JUN 17
R3.1 MCV: Damages awarded in lesbian prom case 30 JUL 10
R3.2 PlanetOut/Gay.com: Court OKs Firing of Religious Worker 10 APR 01
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
See also: [HATE CRIME ]
1.

Courts & Tribunals

On 15 May 2017, in the first case prosecuted under the law for the killing of someone based on gender identity, Chief United States District Judge Judge Louis Guirola Jr. in the United States District Court for the Southern District of Mississippi, sentenced 29-year-old Joshua Brandon Vallum on a plea of guilty to 49 years in prison for causing the death of his 17-year-old transgender girlfriend Mercedes Williamson in 2015 after a friend found out her gender identity [C1.2], [R1.1]

C1.2 Plea Agreement: United States v. Joshua Brandon Vallum No. 1:16-cr-00114-LG-RHW PDF 2.11MB 02 NOV 16
R1.1 DailyNews: Latin Kings member sentenced for killing transgender girlfriend after friend found out her gender identity 15 MAY 17
Hate Crimes Legislation/Cases/References
See also: [GENDER IDENTITY]
1.

Courts & Tribunals

On 15 May 2017, in the first case prosecuted under the law for the killing of someone based on gender identity, Chief United States District Judge Judge Louis Guirola Jr. in the United States District Court for the Southern District of Mississippi, sentenced 29-year-old Joshua Brandon Vallum on a plea of guilty to 49 years in prison for causing the death of his 17-year-old transgender girlfriend Mercedes Williamson in 2015 after a friend found out her gender identity [C1.2], [R1.1]

C1.2 Plea Agreement: United States v. Joshua Brandon Vallum No. 1:16-cr-00114-LG-RHW PDF 2.11MB 02 NOV 16
R1.1 DailyNews: Latin Kings member sentenced for killing transgender girlfriend after friend found out her gender identity 15 MAY 17
Health, Medical Legislation/Cases/References
See also: [HIV, Aids]
1.

Cities & Towns

On 20 January 2015, in a 5-2 vote, Starkville aldermen overrode the mayor's veto of their earlier decision to bar city employees from buying buy health insurance coverage for unmarried domestic partners, including those of the same sex [R1.2].

On 06 January 2015, the Starkville Aldermen voted 5-2 to rescind the insurance plan that had been in effect since last fall. Mayor Parker Wiseman says he will veto the decision. It would take five votes to override the veto [R1.1]

R1.2 LGBTQnation: Starkville, Mississippi aldermen: No insurance coverage for same-sex partners 21 JAN 15
R1.1 LGBTQnation: Mississippi town rescinds health coverage for unmarried domestic partners 08 JAN 15
HIV / Aids Legislation/Cases/References
See also: [Health, Medical]
1.

State

In March 2010, the Mississippi Department of Corrections agreed to end the segregation of prisoners with HIV, a longstanding discriminatory policy that had prevented prisoners from accessing key resources that facilitate their successful transition back into the community [R1.1].

R1.1 365Gay.com: Mississippi stops segregating prisoners with HIV 17 MAR 10

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Homosexuality, Sodomy Legislation/Cases/References
1.

State

The criminal law in Mississippi prohibits sodomy between same-sex and heterosexual couples [L1.1], [R1.1].

Mississippi Code of 1972, Title 97 Chapter 029 [L1.1]

SEC. 97-29-59. Unnatural intercourse.

Every person who shall be convicted of the detestable and abominable crime against nature committed with mankind or with a beast, shall be punished by imprisonment in the penitentiary for a term of not more than ten years.

See: Courts & Tribunals below.

2.

Courts & Tribunals

On 26 June 2003, the US Supreme Court ruling in Lawrence & Garner -v- Texas that a similar the law in Texas was an unconstitutional violation of privacy is thought to nullify or invalidate the Mississippi law [C2.1], [R2.1].

L1.1 Mississippi Code of 1972: SEC. 97-29-59 (Accessed 09 JUN 09)
R1.1 ILGA: Annual Report 1996 - Part II 1996
C2.1 US Supreme Court: Lawrence v. Texas, 539 U. S. 558 (2003) 26 JUN 03
R2.1 Associated Press: Supreme Court Strikes Down Gay Sex Ban 26 JUN 03
See also: Sodomy Laws: Mississippi 10 AUG 04
Marriage Legislation/Cases/References
1.

State

On 05 April 2016, Governor Phil Bryant signed HB1523 into law coming into effect 01 July 2016 [R1.7]. The law prohibits the state government from taking any discriminatory action against a person, religious organization, business or government employee for refusing services to LGBT people because of "sincerely held religious beliefs" or "moral conviction" against same-sex marriage, extra-marital sex and/or transgender people.

See now 3. Courts & Tribunals below at [R3.16 to R3.25].

On 01 April 2016, the legislature passed bill HB1523 The "Protecting Freedom of Conscience from Government Discrimination Act"', that would allow people with religious objections to deny wedding services to same-sex couples and provide wide protections for actions decried as discriminatory. The Bill now heads to Governor Phil Bryant [R1.6].

On 26 June 2013, the US Supreme Court ruled 5-4 that same-sex couples have the constitutional right to marry and all states must fully recognize same-sex marriages lawfully performed in any jurisdiction [C3.2], [R3.1].

Previously:

Mississippi Constitution, Article 14 General Provisions, Section 263A, approved by the electorate on 02 November 2004 [L1.5].

Marriage may take place and may be valid under the laws of this state only between a man and a woman. A marriage in another state or foreign jurisdiction between persons of the same gender, regardless of when the marriage took place, may not be recognized in this state and is void and unenforceable under the laws of this state [L1.5].

As at April 2004, Mississippi had a measure on the November ballot to constitutionally ban same-sex marriages [R1.4].

Mississippi Code of 1972, Title 93, Chapter 001 [L1.3].

SEC. 93-1-1. Certain marriages declared incestuous and void

(2) Any marriage between persons of the same gender is prohibited and null and void from the beginning. Any marriage between persons of the same gender that is valid in another jurisdiction does not constitute a legal or valid marriage in Mississippi.

SOURCE: 1997 Laws, Chapter 301, Sec. 1, SB2053, Effective February 12, 1997

In 1997, on the second attempt, a bill prohibiting same-sex marriage was adopted in Mississippi [R1.2].

Previously:

In 1996, Mississippi's state governor Kirk Fordice signed an executive order banning recognition of same-sex marriages [R1.1].

2.

County

On 02 January 2013, Forrest County Circuit Clerk, Lou Ellen Adams, politely told five lesbian couples who applied for marriage licenses – as part of the 'Campaign for Southern Equality' WE DO campaign – she could not legally issue the licenses [R2.1].

3.

Courts & Tribunals

On 02 October 2017, it was reported that attorneys for Mississippians who challenged House Bill 1523 in the Barber v. Bryant case plan to ask the 5th Circuit for a stay, to maintain the status quo, and not allow HB 1523 to become state law, while they appeal to the US Supreme Court. [R3.25].

On 29 September 2017, the US Court of Appeal for the Fifth Circuit denied 12-2 petitions for a rehearing by the full court of the Barber v. Bryant case attempting to block anti-LGBTIQ state House Bill 1523, allowing the bill to take effect 06 October 2017 [C3.24], [R3.23].

On 22 June 2017, the US Court of Appeal for the Fifth Circuit in a 3-0 ruling lifted a court order against a ''religious freedom'' law in Mississippi that would enable sweeping anti-LGBT discrimination, citing a lack of standing for plaintiffs in litigation against the statute. The ruling will allow enforcement of HB 1523, which had been blocked as a result of a lower court order [C3.22], [R3.21].

On 12 August 2016, the US Court of Appeals Fifth Circuit denied the motion of Governor Phil Bryant seeking a stay of the injunction against HB 1523, the ''Protecting Freedom of Conscience from Government Discrimination Act'' that would allow clerks to cite religious objections to recuse themselves from issuing marriage licenses to same-sex couples. The Court also denied the motion seeking an expedited appeal however it granted a consolidation of cases [C3.20], [R3.19].

On 01 August 2016, US District Court Judge Carlton W Reeves denied a motion to stay his preliminary injunction order during the appeal against HB1523. If granted, it would have allowed the state to enforce the law during its appeal of the ruling that Section 3(8)(a) of HB1523 was against the law [R3.18].

On 27 June 2016, US District Court Judge Carlton W Reeves ruled that the state can't enforce Section 3(8)(a) of HB1523, the ''Protecting Freedom of Conscience from Government Discrimination Act'' purporting to allow clerks to cite their own religious beliefs to recuse themselves from issuing marriage licenses to same-sex couples, and ordered that the Campaign for Southern Equality, Rebecca Bickett, et al., v. Phil Bryant same-sex marriage case be ''reopened for the parties to confer about how to provide clerks with actual notice of the Permanent Injunction. The parties shall also confer on appropriate language to include in an Amended Permanent Injunction'' [C3.17], [R3.16].

On 01 December 2015, Chancery Judge Mitchell Lundy Jr., reportedly signed the order ending the marriage of Lauren Beth Czekala-Chatham and Dana Ann Melanco [R3.15].

On 05 November 2015, in the wake of the Oberfell v. Hodges case, the Supreme Court of Mississippi granted 5-4 the motion for an entry of judgment in the matter of the divorce of Lauren Beth Czekala-Chatham and Dana Ann Melanco, reversed judgment of the Chancery Court of Desoto County and remanded the matter for further proceedings [C3.14], [R3.13].

On 01 July 2015, the US Court of Appeals for the Fifth Circuit in the light of the Obergefell case, vacated the stay ordered 04 December 2014 and remanded the matter for entry of judgment in favour of the same-sex plaintiffs [C3.12].

On 04 December 2014, the US Court of Appeals for the Fifth Circuit ordered a stay of the 25 November ruling by US District Judge Carlton W Reeves who struck down the same-sex ban. From the Order, the Court will likely hear arguments in this case in conjunction with the Lousiana and Texas cases before the Court on 05 January 2015 [C3.11], [R3.20].

On 25 November 2014, Judge Carlton W Reeves in the US District Court overturned the State's ban on same-sex marriage, staying his order for 14 days pending the filing of an expected appeal to or an order from the Court of Appeals for the Fifth Circuit or the US Supreme Court [C3.9], [R3.8].

On 22 November 2014, the Mississippi Supreme Court reportedly would will hear arguments 21 January 2015, from Lauren Czekala-Chatham, who wants the state to recognize her same-sex marriage in order to grant a divorce from Dana Ann Melancon [R3.7].

On 20 October 2014, a federal challenge to the law banning same-sex marriage was filed on behalf of Andrea Sanders and Rebecca Bickett, and Jocelyn Pritchett and Carla Webb and the Campaign for Southern Equality. A hearing on the motion for preliminary injunction has been set down for 12 November 2014 [C3.6], [R3.5].

On 13 August 2014, Oktibbeha County Chancery Court Clerk Monica Banks reportedly recorded the Massachusetts marriage certificate of Paris Prince and Ravi Perry of Starkville as a miscellaneous document. The filing is not of much practical use but does make a statement that is a public record [R3.4].

On 02 December 2013, Desoto County Chancery Judge Mitchell Lundy refused to grant a divorce to lesbian couple Lauren Beth Czekala-Chatham and Dana Ann Melancon who got married in California in 2008, saying the marriage wasn't recognized under state law [R3.3].

On 26 June 2013, the US Supreme Court ruled 5-4 that same-sex couples have the constitutional right to marry and all states must fully recognize same-sex marriages lawfully performed in any jurisdiction [C3.2], [R3.1].

R1.7 Mississippi Legislature: House Bill 1523 (Accessed 07 APR 16)
TheWashingtonPost: Mississippi's new law allowing refusal of service to LGBT people is the most sweeping yet 05 APR 16
R1.6 ReutersUS: Mississippi lawmakers approve religion bill amid gay-rights protests 01 APR 16
L1.5 Mississippi Secretary of State: Mississippi Constitution Article 14, Section 263A (Accessed 09 JUN 09)
R1.4 San Francisco Chronicle: Pivotal Day for Gay Marriage in U.S. Nears 02 MAY 04
Stateline.org: 50-State Rundown on Gay Marriage Laws 26 APR 04
L1.3 Mississippi Code of 1972: SEC. 93-1-1 (Accessed 09 JUN 09)
R1.2 Sydney Star Observer: 28th US State Bans Marriage 20 FEB 97
R1.1 Sydney Star Observer: Mississippi Bans Gay Marriage 29 AUG 96
3. County
R2.1 PinkNews: Lesbian couples denied marriage licenses 04 JAN 13
3. Courts & Tribunals
R3.25 JacksonFreePress: HB 1523 May Become Law This Week; Plaintiffs Asking Supreme Court to Hear Case 02 OCT 17
C3.24 On Petition for Rehearing En Banc: Barber v. Bryant No. 16-60477 PDF 183.74kb 29 SEP 17
R3.23 WashingtonBlade: Court upholds ruling for Mississippi anti-LGBT law ­ but there’s stinging dissent 30 SEP 17
C3.22 Opinion: Rims Barber, et al. v. Governor Phil Bryant & Anor. No. 16-60477 PDF 156.13kb 22 JUN 17
R3.21 TheWashingtonBlade: 5th Circuit rules for Mississippi anti-LGBT ‘religious freedom’ law 22 JUN 17
C3.20 Order: Rims Barber, et al. v. Phil Bryant No. 16-60477 PDF 133.46 12 AUG 16
R3.19 abcNEWS: Mississippi Gay Marriage Law Remains Blocked During Appeal 12 AUG 16
R3.18 BuzzFeed: Federal Judge Refuses To Allow Mississippi To Enforce Anti-LGBT Law During Appeal 02 AUG 16
C3.17 Order: Campaign for Southern Equality, Rebecca Bickett, et al., v. Phil Bryant No. 3:14-CV-818-CWR-LRA PDF62.11kb 27 JUN 16
R3.16 SantaCruzSentinel: Judge: Mississippi law creates inequality for gay marriage 27 JUN 16
R3.15 abcNEWS: Divorce Granted to Mississippi Same-Sex Couple After 2 Years 01 DEC 15
C3.14 Order: Lauren Beth Czekala-Chatham v. The State of Mississippi, ex rel. Jim Hood Attorney General of the State of Mississippi 2014-CA-00008-SCT PDF 194.78lb 05 NOV 15
R3.13 BusinessInsider: Mississippi Supreme Court narrowly grants same-sex divorce 05 NOV 15
C3.12 Justia: Campaign for Southern Equality, et al., v. Phil Bryant, et al. No. 14-60837 PDF 91.01kb, 01 JUL 15
C3.11 Order & Opinion: Campaign for Southern Equality, et al., v. Phil Bryant, et al. No. 14-60837 PDF 146.41kb, 04 DEC 14
R3.10 GayStarNews: Gay marriage delayed in Mississippi as court grants stay during appeals process 05 DEC 14
C3.9 Memorandum Opinion and Order: Campaign for Southern Equality, Rebecca Bickett, et al., v. Phil Bryant No. 3:14-CV-818-CWR-LRA PDF 230.99kb, 25 NOV 14
R3.8 LGBTQnation: Federal judge overturns Mississippi same-sex marriage ban, ruling stayed 25 NOV 14
R3.7 Mississippi Supreme Court schedules arguments in same-sex divorce case 22 NOV 14
C3.6 Motion for Preliminary Injunction: Campaign for Southern Equality, Rebecca Bickett, Andrea Sanders, Jocelyn Pritchett and Carla Webb v. Phil Bryant Jim Hood, Barbara Dunn No. 3:14-cv-00818-CWR-LRA PDF 26.49kb, 20 OCT 14
R3.5 OnTopMagazine: Federal Judge To Hear Challenge To Mississippi Gay Marriage Ban Next Week 08 NOV 14
R3.4 WTVA: Same-sex couple records marriage license in Mississippi 14 AUG 14
R3.3 EdgeOnTheNet: Mississippi Judge Refuses to Grant Same-Sex Couple's Divorce 03 DEC 13
C3.2 Opinion: Obergefell, et al v. Hodges et al No. 14-556 PDF 428.77kb, 26 JUN 15
R3.1 ScotusBlog: Opinion analysis: Marriage now open to same-sex couples 26 JUN 15
Parenting, Adoption, Fostering Legislation/Cases/References
1.

State

Mississippi law does not allow same-sex couples to adopt but has no prohibition against adoptions by gay individuals [L1.1], [R1.1].

See now: 2. Courts & Tribunals below at [C2.3], [R2.2].


In May 2000, Mississippi became the third state (after Florida and Utah) with a law taking effect on 1 July 2000 prohibiting judges from allowing two people of the same sex to adopt children [R1.2].

The American Civil Liberties Union reportedly may challenge the law [R1.3].

In March 2000 lawmakers moved to make Mississippi the second state this year to enact a law banning homosexual couples from adopting children [R1.4].

2.

Courts & Tribunals

On 01 June 2017, it was reported that the Kimberly Jayroe Strickland Day v. Christina Strickland case had been appealed to the State Supreme Court [C2.7], [R2.6].

On 18 October 2016, in divorce proceedings between Kimberly Jayroe Strickland Day and Christina Strickland, Judge John S Grant III in the Rankin County Chancery Court was of the opinion that the IVF child Zayden could not have three parents, two women and the father, reasoning that it is impossible for two women to have a child. The Judge awarded the parties a divorce, awarded custody of the child Zayden to Kimberley subject to visitation rights granted to Christina, she also paying child support and ordered both parties divide Zayden's school expenses equally [C2.5] [R2.4].

On 31 March 2016, US District Court Judge Daniel P Jordan III struck down Mississippi's ban on adoption by same-sex adoption, ruling it in violation of the Due Process and Equal Protection Clauses of the United States Constitution and ordering a preliminary injunction against enforcement of Mississippi Code section 93-17-3(5) [C2.3], [R2.2].

In March 2003, Mississippi Judge William Hale Singletary ordered the state Bureau of Public Health Statistics to issue a revised birth certificate reflecting the name of the boy, adopted from Mississippi five years ago, and that of both his lesbian adoptive parents.

The Judge found there was nothing in state law at the time of the adoption saying what gender the parents should be and " ... the Bureau has no discretion to deviate from the statute's terms'' [R2.1].

L1.1 Mississippi Code of 1972: SEC. 93-17-3 (Accessed 09 JUN 09)
R1.1 Associated Press: Court Rejects Lesbians' Adoption Attempt 08 MAR 02
R1.2 Associated Press: Mississippi Bans Homosexual Adoption 03 MAY 00
R1.3 Associated Press: Mississippi May Face Court Challenge Over Adoption Law 10 MAY 00
R1.4 Reuters: Mississippi Expected to Enact Gay Adoption Ban 28 APR 00
Associated Press: Mississippi Legislature Approves Homosexual Adoption Ban 20 APR 00
Associated Press: Mississippi Bans Homosexuals' Adopting 22 MAR 00
2. Courts & Tribunals
C2.7 Brief of Appellant: Christrina Strickland v. Kimberley JayroeStrickland Day No. 2016-CA-01504 PDF 467.27kb 01 JUN 17
R2.6 TheSacramentoBee: Lesbian challenges court ruling that she's not legal parent 01 JUN 17
C2.5 Final Judgment of Divorce: Kimberly Jayroe Strickland Day v. Christina Strickland No. 61CH:15-cv-02370 PDF 251.09kb 18 OCT 16
R2.4 SunHerald: She was denied custody because 2 women can't make a child, judge says 02 NOV 16
C2.3 Order: Campaign for Southern Equality, et a. v. Mississippi Department of Human Services, et al. No. 3:15cv578-DPJ-FKB PDF 75.66kb 31 MAR 16
R2.2 FamilyEqualityCouncil: Same-Sex Couples Have Right to Adopt in Mississippi 31 MAR 16
R2.1 Associated Press: Lesbian couple prevails in adoption suit 19 MAR 03

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