Courtroom interior_newWritten by Don Byrd

That didn’t take long. Mississippi’s controversial law shielding religious organizations, individuals, and businesses from government penalty for actions taken in accordance with certain religious beliefs was signed into law just weeks ago but a lawsuit has been filed claiming it is unconstitutional.

The ACLU of Mississippi announced its effort to halt the law before it takes effect on July 1. Specifically, the complaint argues that certain provisions of the bill discriminate against same-sex married couples by singling out certain religious beliefs for protection that target a particular class of individuals in violation of the Fourteenth Amendment.

Here is an excerpt from their press release:

The Supreme Court was clear in its marriage ruling last year: States must provide the “same legal treatment” to married same-sex couples that they provide to the marriages of different-sex couples. HB 1523 directly contradicts the Supreme Court’s ruling by treating the marriages of same-sex couples differently than the marriages of everyone else, the ACLU said. The statute does not authorize anyone to discriminate against the marriages of different-sex couples based on religious beliefs. It singles out the marriages of same-sex couples and provides a special right for governmental officials and for-profit businesses to discriminate against them. 

As Holly Hollman explained in her recent column, religious exemptions that aim to shield particular religious beliefs can be helpful legislative tools to protect religious liberty. But they should be “carefully crafted” and should be mindful of the impact those exemptions will have on the rights of others.

You can read the ACLU’s complaint here. Stay tuned.