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Judge opens new path to challenge Mississippi anti-LGBT law

Fifth Circuit has dismissed lawsuit on basis plaintiffs lacked standing

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Bilal Ahmed

A federal judge has opened a new path to challenge a Mississippi anti-LGBT law.

In the aftermath of a higher court overturning his decision, a federal judge who ruled against a Mississippi “religious freedom” law enabling sweeping anti-LGBT law has opened up to a new path for a legal challenge to the statute.

U.S. District Judge Carlton Reeves, an Obama appointee, issued the order Friday in the case against Mississippi’s HB 1523 filed by the Campaign for Southern Equality and two same-sex couples in the state.

The order lifts a stay in the case, allowing up to five written interrogatories to identify which of the 82 clerk’s offices in Mississippi have sought to recuse themselves from issuing marriage licenses to same-sex couples under the law and the process by which they intend to handle those recusals.

Additionally, the order grants the state until Nov. 13, or a time until the parties may agree, to respond or object to the written interrogatories.

If a Mississippi clerk was found to have recused themselves from issuing marriage licenses or if any such recusal impaired the ability of a same-sex couple to obtain a marriage license, that could form the basis for a new challenge to HB 1523.

The law, signed by Gov. Phil Bryant last year, allows state government employees who facilitate marriages the option to opt out of issuing licenses to same-sex couples, but the person must issue prior written notice to the state government and a clerk’s office must not delay the issuance of licenses.

But the law isn’t limited to clerks. It prohibits the state from taking action against religious organizations that decline employment, housing or services to same-sex couples; families who’ve adopted a foster child and wish to act in opposition to same-sex marriage and individuals who offer wedding services and decline to facilitate a same-sex wedding.

Additionally, the law allows individuals working in medical services to decline a transgender person’s request for gender reassignment surgery.

Reeves last year issued a preliminary injunction enjoining enforcement of the “religious freedom” law on the basis that it violated the Establishment Clause, which prohibits the government from aligning itself with a particular religion. In this case, Reeves determined HB 1523 endorsed one particular religious view on LGBT people, thus was unconstitutional.

But a three-judge panel U.S. Fifth Circuit of Appeals overturned that decision on the basis that plaintiffs lacked standing to challenges the lawsuit. Despite a request from plaintiffs for a “en banc” rehearing before the full court, the Fifth Circuit refused to hear the case. As a result, the law took effect earlier this month.

The Campaign for Southern Equality lawsuit was consolidated with a separate lawsuit filed by LGBT people, a dozen Mississippi ministers and the Joshua Metropolitan Community Church. Lambda Legal, which is representing plaintiffs in that lawsuit, already sought relief after the Fifth Circuit ruling rejecting their challenge by filing a petition of certiorari before the U.S. Supreme Court. The high court has yet to act on the petition.

UPDATE: The Campaign for Southern Equality — represented by New York lesbian attorney Robbie Kaplan — filed a petition for certiorari before the Supreme Court on Monday urging justices to review the case.

“No one in this country should have to live their day-to-day life under circumstances in which their own government has officially designated them to be ‘outsiders’ for purposes of state law. Laws like HB 1523 that establish state-sanctioned religious beliefs are exactly what the First Amendment was designed to prohibit,” Kaplan said in a statement. “The founders in their wisdom intended for the protections of the Bill of Rights to have real meaning.

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Hungary

Vance speaks at Orbán rally in Hungary

Anti-LGBTQ prime minister trailing ahead of April 12 vote

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Vice President JD Vance speaks over the phone with President Donald Trump during a rally for Hungarian Prime Minister Viktor Orbán in Budapest, Hungary on April 7, 2026, (Screen capture via Fox News/X

Vice President JD Vance on Tuesday urged Hungarians to support Prime Minister Viktor Orbán in the country’s April 12 elections.

“We have got to get Viktor Orbán re-elected as prime minister of Hungary,” Vance told Orbán supporters who gathered at Budapest’s MTK Sportpark.

Vance and Orbán on Tuesday met before they held a press conference in Budapest. Orbán also spoke at the rally.

Sándor Palace, the Hungarian president’s office in Budapest, welcomes U.S. Vice President JD Vance to the country. (Courtesy photo)

The U.S. vice president after he took to the stage called President Donald Trump, who told the crowd he is “a big fan of Viktor” and is “with him all the way.” Vance, as he did during Tuesday’s press conference with Orbán, criticized the European Union.

“We want you to make a decision about your future with no outside forces pressuring you or telling you what to do. I’m not telling you exactly who to vote for, but what I am telling you is that the bureaucrats in Brussels, those people should not be listened to,” said Vance. “Listen to your hearts, listen to your souls, and listen to the sovereignty of the Hungarian people.”

Vance in his speech noted “across the West, we’ve got a small band of radicals” who, among other things, “condemn children to mutilization and sterilization in the name of gender care.” Vance also criticized a “far-left ideology given quarter in university circles, in the media, and in our entertainment industry, and increasingly among bureaucrats on both sides of the Atlantic.”

Vice President JD Vance speaks at MTK Sportpark in Budapest, Hungary, on April 7, 2026

Orbán has been in office since 2010. He and his Fidesz-KDNP coalition government have faced widespread criticism over its anti-LGBTQ crackdown.

A Hungarian activist with whom the Washington Blade previously spoke said it is “impossible to change your gender legally in Hungary” because of a 2020 law that “banned legal gender recognition of transgender and intersex people.” Hungarian MPs the same year effectively prohibited same-sex couples from adopting children and defined marriage in the country’s constitution as between a man and a woman.

The European Commission in 2022 sued Hungary, which is a member of the EU, over the country’s anti-LGBTQ propaganda law.

Hungarian lawmakers in March 2025 passed a bill that banned Pride events and allowed authorities to use facial recognition technology to identify those who participate in them. MPs later amended the Hungarian constitution to ban public LGBTQ events.

Upwards of 100,000 people last June defied the ban and marched in Budapest’s annual Pride parade.

Polls indicate Orbán is trailing Péter Magyar and his center-right Tisza party ahead of the April 12 election. Vance at Tuesday’s rally told Orbán supporters that he and Trump “want you to make a decision about your future with no outside forces pressuring you or telling you what to do.”

“I’m not telling you exactly who to vote for, but what I am telling you is that the bureaucrats in Brussels, those people should not be listened to,” said Vance. “Listen to your hearts, listen to your souls, and listen to the sovereignty of the Hungarian people.”

“Unlike some of the leadership of Brussels, I’m not threatening you or telling you that we’re going to withhold funds to which you’re legally entitled,” he added. “You will make the decision about Hungary’s future.”

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The White House

White House ends protections for trans students in multiple school districts

Cape Henlopen School District in Delaware among administration’s targets

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The U.S. Department of Education building in D.C. becomes the latest battleground for transgender rights. (Public domain photo)

The Department of Education has terminated agreements with five school districts and a college aimed at protecting the rights of transgender students, backtracking requirements made in prior administrations, according to the Associated Press.

Allowing the reversal of these federal obligations removes formerly mandatory measures, including faculty training on responding to a student’s preferred name and pronouns, and policies allowing trans children to use bathrooms that align with their gender identity.

This policy change is a major shift from past democratic-led administrations, and will impact Delaware Valley School District in Pennsylvania, Sacramento City Unified School District in California, Cape Henlopen School District in Delaware, Fife School District in Washington, and La Mesa-Spring Valley School District, as well as Taft College in California.

Delaware Valley School District received notice from the Trump-Vance administration in February and has since voted to roll back anti-discrimination protections. Other schools, like Sacramento City Unified School District, said the change in minimum protections a district must offer will not affect their policies because it “remains committed to the support of our LGBTQ+ students and staff.”

This is part of a wider wave of anti-trans actions taken by the Trump-Vance administration. This White House has penalized schools attempting to accommodate students’ gender identity, filed lawsuits in California and Minnesota over state policies allowing trans students to participate in interscholastic sports, and opened civil rights investigations into multiple schools and universities over their policies on trans students.

Kimberly Richey, the Department of Education’s Assistant Secretary for Civil Rights, said the action underscored the administration’s efforts to prevent trans students from participating in girls’ and women’s sports teams and accessing shared locker rooms.

“Today, the Trump administration is removing the unnecessary and unlawful burdens that prior administrations imposed on schools in its relentless pursuit of a radical transgender agenda,” she said in a written statement.

According to the AP, this is just one instance of the administration rescinding civil rights protections in education. Last year, the Department of Education terminated two agreements: one involving the removal of books from a school library in Georgia, and another addressing harsh discipline and unequal education opportunities for Native students in the Rapid City Area School District in South Dakota.

Shiwali Patel, the senior director of education justice at the National Women’s Law Center, issued a statement in response to the removal of protections for trans students, saying the rollback will negatively impact all students — not just trans ones.

“There is absolutely no basis for what the Department of Education is doing, and it is unimaginably cruel. Title IX exists to ensure that students are protected from discrimination and treated with dignity so that they can learn and thrive in our schools,” Patel said. “It’s what students, families, lawmakers, and advocates fought for when Title IX was passed decades ago. But the Trump administration’s Department of Education has spent its limited resources to strip Title IX of that very purpose.”

She continued, highlighting the issues that will arise from the agreement removals in schools.

“Real complaints of discrimination and sexual assault are going unanswered by the Department of Education while conservative lawmakers continue to escalate their attacks on a small minority of students,” the nationally recognized Title IX expert and advocacy leader for gender-based harassment added. “Parents, teachers, and students need the Department to focus on addressing real harms on campuses instead of rolling back policies that keep all students safe.”

The schools that had their agreements terminated vary, but stem from the same issue: treating trans students with the same protections from harassment as their cisgender peers.

In 2023, Taft College, a community college in California’s Central Valley, became one of the few schools to settle a case with the Department of Education’s Civil Rights Office after a student accused faculty of discrimination, including refusing to use the student’s preferred pronouns. The college agreed to faculty training on Title IX protections and revised its policies to clarify that refusing to use a person’s preferred name and pronoun can constitute harassment.

The now-canceled agreement with Sacramento City Unified School District stemmed from a 2022 complaint brought by a student after a teacher refused to use the student’s preferred pronouns and/or refused to allow the male-identifying student to work in a boys’ group for a class activity. The 2024 resolution agreement had mandated training for employees on civil rights law, sexual harassment, and how to handle formal complaints.

Under a settlement the Delaware Valley School District reached with the Obama-Biden administration, the district was required to permit students to use bathrooms aligned with their gender identity. In February, the Trump-Vance administration sent the district a letter rescinding the settlement and requiring the rollback of antidiscrimination protections for trans students. The school board voted in late March to change its policies accordingly.

This move is part of a broader pattern of anti-trans actions from the White House since Trump returned to office.

In addition to restricting protections in federally funded education spaces, the administration has attempted to end trans girls’ and women’s participation in sports competitions and has sued states that have not complied. It has also blocked trans and nonbinary people from choosing sex markers on passports and attempted to stop those under 19 from receiving gender-affirming medical care.

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South Carolina

Man faces first S.C. ‘hate intimidation’ charge 

Timothy Truett allegedly shot at gay club in Myrtle Beach on April 1

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The South Carolina flag waving over the state. (Washington Blade Photo by Michael K. Lavers)

A South Carolina man remains in custody on a more than $300,000 bond after he allegedly opened fire at a Myrtle Beach nightclub on April 1, according to WMBF.

Reports say 37-year-old Timothy James Truett Jr., of Clover, S.C., was detained by the Myrtle Beach Police Department after the April 1 incident outside Pulse Ultra Club. He was later arrested and charged with possession of a weapon during a violent crime, discharging a firearm into a dwelling, discharging a firearm within city limits, malicious injury to real property valued over $5,000, and assault or intimidation due to political opinions or the exercise of civil rights.

At 10:57 a.m. on April 1, officers responded to a call about a possible shooting at Pulse Ultra Club, located in the 2700 block of South Kings Highway.

In an affidavit released later, the club’s owner, Ken Phillips, said he was doing paperwork that morning when he heard “five or six” gunshots. He went outside and found a window and the windshield of his SUV shattered by bullets. An SUV with blue plastic covering one window was left at the scene.

Police later reviewed footage that showed a silver vehicle stopping in the middle of the road. The video appeared to capture muzzle flashes coming from the passenger-side window.

According to the affidavit, an officer later pulled over a vehicle driven by Truett and found spent shell casings in the back seat, along with a gun.

Documents do not detail why Truett was ultimately charged under the state law covering assault or intimidation tied to political opinions or the exercise of civil rights.

As of April 1, records show Truett is being held in Horry County on a combined bond of more than $312,000.

WMBF spoke with Phillips after the incident and asked whether there was any prior conflict that might have led to the shooting.

“I don’t know if it’s personal, I don’t know if it’s related to being gay, I don’t know if it’s related to the bar issues,” Phillips told WMBF. “Anybody with a mindset of pulling out a weapon in broad daylight is not right.”

“My primary concern has and always will be the safety of my community and my customers,” he added. “It’s given me great concern … as to how far people will go.”

WMBF also spoke with Adam Hayes, vice chair of Myrtle Beach’s Human Rights Coalition, who was involved in pushing for the ordinance. He said that while the incident itself is troubling, it shows the policy is being put to use.

The ordinance is intended to deter “crimes that are motivated by bias or hate towards any person or persons, in whole or in part, because of the actual or perceived” identity, in the absence of a statewide hate crime law.

“It’s nice to see that something we put into policy is not just a piece of paper, that it’s actually being used,” said Hayes.

He said the shooting underscores the need for a statewide hate crime law in South Carolina and added that the incident has left the local LGBTQ community shaken.

South Carolina and Wyoming are the only two states in the U.S. without a comprehensive statewide hate crime law.

Truett remains in jail as of publication.

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