News
Mississippi legislature approves ‘turn away the gays’ bill
Legislation along the lines of Arizona bill vetoed by Jan Brewer
The Mississippi legislature approved late Tuesday a “turn away the gays” measure that would enable businesses and individuals in the state to discriminate against or refuse services to LGBT people on religious grounds ā making a signature from the governor the last remaining step before the bill becomes law.
In a development that largely went unnoticed on the national stage, the State House and Senate on the same day both approved a conference report for S.B. 2681, the Religious Freedom Restoration Act. The vote in the Republican-controlled House was 78-43 and the vote in the Republican-controlled Senate vote was 38-14.
Much like the controversial Arizona bill known as SB 1062 vetoed by Gov. Jan Brewer, the six-page legislation never once mentions the words “sexual orientation,” “gender identity” or “gay.” Still, LGBT advocates insist the legislation would have the effect of allowing discriminatory practices against LGBT people seeking services in Mississippi.
Sarah Warbelow, the Human Rights Campaign’s state legislative director, said the bill would in essence make “LGBT people strangers to the law.”
“Before Mississippi has had the opportunity to robustly discuss the lived experiences of LGBT people, this bill would hollow out any non-discrimination protections at the local level or possible future state-wide protections,” Warbelow said. “Just as weāve seen in other states, this bill is bad for business, bad for the stateās reputation, and most of all, bad for Mississippians. Gov. Bryant must veto the measure.ā
Notably, the measure also contains language modifying the state seal in a way adds to it the words “In God We Trust.” The bill also has language that says nothing in the measure “shall create any rights by an employee against an employer if the employer is not the government,” which is different from the Arizona legislation.
Now that the legislature has approved the bill, the last remaining step before it becomes law is a signature from Mississippi Gov. Phil Bryant, who’s known for his conservative views as chief executive of a state in the Deep South. Still, Brewer has the same reputation, but she vetoed the Arizona bill after pressure from LGBT advocates, businesses, religious groups and faith leaders.
If Bryant signs the bill, it’ll go into effect on July 1. Bryant’s office didn’t immediately respond to the Washington Blade’s request to comment on whether he’ll sign the legislation.
It should be noted that sexual orientation and gender identity currently aren’t protected under civil rights law in Mississippi. Based on state and federal law, individuals and businesses could refuse services to LGBT people, such as services for a same-sex wedding, without fear of reprisal regardless of whether or not the bill signed into law.
No municipalities in Mississippi have non-discrimination ordinances, although Starkville, Hattiesburg and Oxford have all passed pro-LGBT resolutions.
Still, according to the Human Rights Campaign, the measure could undermine future state non-discrimination laws, interfere with licensing organizations that have professional regulations protecting LGBT individuals and undermine public university non-discrimination policies.
The measure is part of a nationwide trend of “turn away the gay” bills advancing in state legislatures. Including the one vetoed in Arizona, other similar bills in Georgia, Idaho, Maine, and Ohio were rejected. But similar bills are still pending in Missouri and Oklahoma.
The measure advanced through the legislature after the Mississippi House voted last month to strike text related to religious liberty and instead created a study committee on how to pass such a bill in the future. Despite changes made by the House, the conference committee produced a report that advocates say would subject LGBT people to discrimination anyway.
The legislature’s passage of the bill has won praise from at least one anti-gay group, which says the legislation is along the lines of a federal religious exemption law introduced by the late Sen. Edward Kennedy and then-Rep. Chuck Schumer before being passed by Congress and signed into law by President Clinton.
Tony Perkins, president of the Family Research Council, said the measure simply ensures religious freedom for individuals and businesses in Mississippi.
“This is a victory for the First Amendment and the right to live and work according to one’s conscience,” Perkins said. “This commonsense measure was a no-brainer for freedom, and like the federal RFRA, it simply bars government discrimination against religious exercise. The legislature gave strong approval to a bill that declares that individuals do not have to trade their religious freedom for entrance into public commerce.
Morgan Miller, a spokesperson for the American Civil Liberties Union of Mississippi, told the Blade although lawmakers attempted to align the Mississippi bill with federal law, the end result “falls short.”
“This bill still could open the door for someone who wants to use their religion to discriminate against others,” Miller said. “It exposes virtually every branch and office of the government to litigation; our state will have to spend taxpayer money to defend lawsuits. Itās unnecessary: the Mississippi legislature has been unable to articulate why this law is needed in our state.”
Congress
Sens. Butler, Smith introduce Pride in Mental Health Act to aid at-risk LGBTQ youth
Bill is backed by Democrats in both chambers
U.S. Sens. Laphonza Butler (D-Calif.) and Tina Smith (D-Minn.) introduced the Pride in Mental Health Act on Thursday, legislation that would strengthen resources in mental health and crisis intervention for at-risk LGBTQ youth.
āAccessing mental health care and support has become increasingly difficult in nearly every state in the country,āĀ said Butler, who is the first Black LGBTQ senator. āBarriers get even more difficult if you are a young person who lacks a supportive community or is fearful of being outed, harassed, or threatened.”
“I am introducing the Pride in Mental Health Act to help equip LGBTQ+ youth with the resources to get the affirming and often life-saving care they need,” she said.
āMental health care is health care,” said Smith. “And for some LGBTQ+ youth, receiving access to the mental health care they need can mean the difference between living in safety and dignity, and suffering alone through discrimination, bullying, and even violence.āĀ
The Minnesota senator added that data shows LGBTQ students are experiencing “an epidemic” of “anxiety, depression and other serious mental health conditions.”
For example, a 2023 study by The Trevor Project found that 54 percent of LGBTQ youth reported symptoms of depression, compared to 35 percent of their heterosexual counterparts.
Joining the senators as cosponsors are Democratic U.S. Sens. Ed Markey (Mass.), Bob Casey (Penn.), Peter Welch (Vt.), Alex Padilla (Calif.), Jeff Merkley (Ore.), Cory Booker (N.J.), and Tammy Baldwin (Wis.). Baldwin was the first LGBTQ woman elected to the House in 1999 and the first LGBTQ woman elected to the Senate in 2013.
Leading the House version of the bill are LGBTQ Democratic U.S. Reps. Sharice Davids (Kan.), Eric Sorensen (Ill.), and Ritchie Torres (N.Y.), along with 163 other House members.
Organizations that have backed the Pride in Mental Health Act include the Human Rights Campaign, GLSEN, American Academy of Pediatrics, National Education Association (NEA), National Center for Transgender Equality, Seattle Indian Health Board, PFLAG National, The Trevor Project, American Psychological Association, Whitman-Walker Institute, InterACT: Advocates for Intersex Youth, National Alliance on Mental Illness, American Federation of Teachers (AFT), Mental Health America, and Center for Law and Social Policy.
District of Columbia
D.C. mayorĀ honors 10th anniversary of Team Rayceen Productions
LGBTQ entertainment, advocacy organization praised for āvital workā
D.C. Mayor Muriel Bowser today issued an official proclamation declaring Monday, March 18, 2024, as Team Rayceen Day in honor of the local LGBTQ entertainment and advocacy organization Team Rayceen Productions named after its co-founder Rayceen Pendarvis.
āWhereas Rayceen, along with Team Rayceen Productions co-founder, Zar, have spent 10 years advocating for the Black LGBTQI+ community using various forms including in-person events, social media, and YouTube,ā the proclamation states.
The proclamation adds that through its YouTube Channel, Team Rayceen Productions created a platform for āBlack LGBTQIA+ individuals to discuss various topics including spotlighting nonprofit organizations and small businesses, voter registration and participation, the state of LGBTQIA+ rights and resources in D.C, gender equality and equity, and the amplification of opportunities to bring the community together.ā
It also praises Team Rayceen Productions for its partnership with the Mayorās Office of LGBTQ Affairs in helping to produce āexciting events like the District of Pride talent showcase held each June and the iconic 17th Street High Heel Race celebrated in October.ā
āWhereas I thank Team Rayceen Productions for its vital and necessary work and am #DCProud to wish you all the best as you continue to support Black LGBTQIA+ residents across all 8 Wards,ā the proclamation continues.
āNow, therefore, I, the Mayor of Washington, D.C., do hereby proclaim March 18, 2024, as TEAM RAYCEEN DAY in Washington, D.C. and do commit this observance to all Washingtonians,ā it concludes.
āWe thank Mayor Bowser for this special proclamation, which highlights where it all began, with the Black LGBTQIA+ community of Washington, D.C,ā Team Rayceen Productions says in a statement. āStarting with The Ask Rayceen Show, Reel Affirmation, and events with D.C. Public Library to Art All Night, Silver Pride by Whitman-Walker, and events with the Mayorās Office of LGBTQ Affairs, we are #dcproud of what we have accomplished in the Nationās Capital,ā the statement says.
“For TEAM RAYCEEN DAY, we thank the diverse group of individuals who have made everything we have done possible by volunteering their time and talents over the past decade ā as online co-hosts, event staff, performers, DJs, photographers, and more,ā says the statement.
U.S. Supreme Court
Supreme Court declines to hear case over drag show at Texas university
Students argue First Amendment protects performance
The U.S. Supreme Court on Friday declined to hear a First Amendment case over a public university president’s refusal to allow an LGBTQ student group to host a drag show on campus.
The group’s application was denied without the justices providing their reasoning or issuing dissenting opinions, as is custom for such requests for emergency review.
When plaintiffs sought to organize the drag performance to raise money for suicide prevention in March 2023, West Texas A&M University President Walter Wendler cancelled the event, citing the Bible and other religious texts.
The students sued, arguing the move constituted prior restraint and viewpoint-based discrimination, in violation of the First Amendment. Wendler had called drag shows āderisive, divisive and demoralizing misogyny,” adding that “a harmless drag show” was “not possible.”
The notoriously conservative Judge Matthew Kacsmaryk, who former President Donald Trump appointed to the U.S. District Court for the Northern District of Texas, ruled against the plaintiffs in September, writing that āit is not clearly established that all drag shows are inherently expressive.”
Kacsmaryk further argued that the High Court’s precedent-setting opinions protecting stage performances and establishing that “speech may not be banned on the ground that it expresses ideas that offend” was inconsistent with constitutional interpretation based on ātext, history and tradition.”
Plaintiffs appealed to the 5th U.S. Circuit Court of Appeals, which is by far the most conservative of the nation’s 12 appellate circuit courts. They sought emergency review by the Supreme Court because the 5th Circuit refused to fast-track their case, so arguments were scheduled to begin after the date of their drag show.
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