Tag Archives: same sex marriage

Mississippi Sued Again and it’s from unlikely Plaintiffs; Multiple Spouses, Marry a Computer, Same-Sex Marriage and the U.S. Constitution.

Mississippi has been sued in the Northern District Federal Court by self-proclaimed polygamists and a machinist. (*A “machinist” sexually objectifies tools and/or implements). Federal Lawsuit re: Polygamy.

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One of the Plaintiffs wants to marry a MacBook. *(already married her/it in New Mexico)

Polygamy, the practice of having more than one wife or husband at the same time, made infamous by The Church of Jesus Christ of Latter Day Saints and rooted in some Biblical precedent, is nonetheless unconstitutional.

Nearly 140 years ago Reynolds v. United States, (U.S. Sup. Ct. 1879), was decided and is still good law. Mr. Reynolds was convicted of bigamy, a crime in the territory of Utah, sentenced to two years hard labor and a $500 fine. At the trial, Mr. Reynolds sought to have a jury instruction that his religious belief allowed, or even required, multiple marriages at the same time and since he was practicing his religion he could not also be guilty of  a crime, citing the First Amendment (freedom of religion).

The U.S. Supreme Court ruled, “here, as a law…of the United States, it is provided that plural marriages shall not be allowed. Can a man excuse his practices to the contrary because of his religious belief? To permit this would be to make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself. Government could exist only in name under such circumstances. Id. at 166-167.

  • The bottom line in Reynolds is you can believe what you want, but you may not be able to practice, affirmatively, what you believe.

Fast forward to 2017, the now-pending lawsuit in Mississippi is seeking to prevent gay marriages, raising the constitutional Lemon Test of prohibition on government favoring one religious view over another.

The Plaintiffs argue that if gay marriage is legal, then polygamy marriage should be legal, as well as the right to marry things.

The Lemon Test details legislation concerning religion;

  1. The statute must have a secular legislative purpose. (Purpose Prong)
  2. The primary effect of the statute must not advance nor inhibit religion. (Effect Prong)
  3. The statute must not result in an “excessive government entanglement” with religion. (Entanglement Prong)
    Factors.
    1. Character and purpose of institution benefited.
    2. Nature of aid the state provides.
    3. Resulting relationship between government and religious authority.

***

The above treats this lawsuit as something to consider, however, it is not. The Plaintiffs are not residents of Mississippi, though have visited. One Plaintiff married his computer in New Mexico and is now complaining because Mississippi won’t recognize it as a marriage. Another Plaintiff, not a resident of Mississippi, wants to marry multiple persons, also not residents from Mississippi, in Pontotoc, and was refused a license to marry multiple persons at the same time. One Plaintiff, not a Mississippi resident, was engaged to a man who was “mean to her,” so she chose to “self-identify as a lesbian and legally marriage (sic) a woman only to discover it was ‘hell on earth.’ She now self-identifies as a polygamists” and demands the Government and Mississippi recognize it.

This lawsuit is  a farce. The arguments are nonsense. The Clarion-Ledger reporting this as if it is remotely newsworthy, which is how I viewed the article initially, is misleading.

This will be dismissed so fast he won’t have time to reboot his wife…er…computer.

Matthew Thompson is an attorney that did a face-palm when reading the actual complaint.

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Mississippi; Legislating Morality in the Face of the Law

The Mississippi legislature  has been called “backwards” and compared to hissing possums.

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Unfortunately, Mississippi will again bear the brunt of ridicule. House Bill 1523, if signed into law, allows state employees, and other entities, to discriminate against other citizens based upon a “sincerely held religious belief” or “moral conviction.” This means that a State employee whose job is to issue marriage licenses, for instance, can refuse because they do not approve of your spouse.

The intent is to prevent persons from entering into a same-sex marriage in the Hospitality State. Incidentally, the United States Supreme Court found that marriage is a fundamental right under the Constitution. This bill, which seeks to infringe on that RIGHT also goes much further.  

If the State Employee does not want to issue you a license they can refuse for a same-sex marriage, can refuse if you were previously divorced, can refuse if you had sex out of wedlock, and I am sure there are other Leviticus-based  refusals.

This bill is simply pandering. It affords no real protections to any class in need of protection. It allows discrimination under the guise of faith. A faith which requires that we love our neighbor as ourselves, and teaches us that the one without sin may cast the first stone. It is an affront to the law.

This bill, if passes, guarantees the State will be sued and Mississippi will spend tens of thousands of dollars defending an indefensible position, to protect a class not in need of protection, to solve a problem that does not exist.

This is another example of Mississippi striving to fulfill her stereotypical destiny.

You can read the Bill here.

Matthew Thompson is an Adjunct Professor at MC Law and a Divorce Attorney encouraging you to believe in your beliefs, but follow the law.

Follow the blog: BowTieLawyer Visit the websiteThompson Law Firm  You may also contact Matthew with your family law case, question or concern at 

(601) 850-8000  or Matthew@bowtielawyer.ms

Still No Gay Marriage in MS; Same-Sex Marriage Stayed Pending Expedited Hearing

You’ve seen same-sex marriage blogged aplenty.

The Fifth Circuit Court of Appeals has extended the stay put in place by Judge Carlton Reeves after he struck down Mississippi’s ban on same-sex marriage, finding same as unconstitutional.

The case has been fast tracked and will be heard in January, but not before 2 other cases regarding the same subject matter are set to be heard. One case originated out of Texas and the other, Louisiana. These states along with Mississippi make up the 5th Federal Circuit.

Regardless of the 5th Circuit decision, I expect this one to be appealed to the U.S. Supreme Court.

So, what does this mean for the average Mississippian?  The law is the same as before the Federal Court ruling, for now.

Terribly interested in this Topic, like I am? Read more below;

MISSISSIPPI & SAME SEX MARRIAGE; THE END OR THE BEGINNING?

MISSISSIPPI SAME-SEX MARRIAGE BAN STRUCK DOWN

MISSISSIPPI: SAME-SEX MARRIAGE AND THE RATIONAL BASIS ARGUMENT

MISSISSIPPI IN THE NEWS- A TEST CASE ON SAME-SEX DIVORCE

MISSISSIPPI SAME-SEX DIVORCE DENIED.

Matthew Thompson is a Family Law Attorney in Mississippi and is keeping pace with the changes in the law.

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms