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Another Mississippi ‘trigger law’ to keep an eye on as Supreme Court deliberates: gay marriage

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Another Mississippi ‘trigger law’ to keep an eye on as Supreme Court deliberates: gay marriage

The 2007 that would ban abortions in Mississippi if the Supreme Court overturns Roe v. Wade isn’t the only so-called “trigger law” language the has.

If the U.S. Supreme Court ever overturns its 2015 ruling legalizing gay marriages, Mississippi has an existing law — even a provision in the state Constitution — banning same-sex marriage.

The language is simple and to the point.

“Marriage may take place and may be valid under the laws of this state only between a man and a woman,” the Mississippi law reads. “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.”

Seem farfetched that gay marriage could be repealed?

Perhaps, but numerous legal scholars have at least raised the specter that the same reasoning found in the recently leaked draft Supreme Court opinion that would overturn Roe v. Wade could be extended to deny a national right not only to an abortion, but to same-sex marriage, the use of contraceptives and even interracial marriage.

In its original abortion decision, the Supreme Court, in simplistic terms, cited a right to privacy and to other rights that are not explicitly mentioned in the U.S. Constitution.

The recently leaked Supreme Court draft opinion says Roe v. Wade should be overturned since the right to an abortion is not specifically found in the Constitution. If the draft opinion becomes the final ruling, it would not outlaw abortion; instead, it would it to each individual state to decide.

Mississippi has the aforementioned “trigger law” that would be enacted if Roe v. Wade is overturned. Similarly, there is also is a Mississippi law on the books banning same-sex marriages in the state.

Maybe it’s not so farfetched to think that some politicians would try to convince the nation’s highest court to use the same logic that was used to overturn Roe v. Wade to rescind the national right for same-sex couples to marry and instead leave it up to each state to decide. After all, if Roe v. Wade ultimately is overturned, that’s how it would happen — with politicians passing laws that blatantly fly in the face of Roe v. Wade in the hopes that the justices will reverse the ruling.

The Supreme Court approved gay marriage by a slim 5-4 margin in the 2015 Obergefell v. Hodges case, with conservative justices arguing that the right to gay marriage was not in the U.S. Constitution. That is essentially the same argument for overturning Roe v. Wade.

And there are more conservative justices now than there were in 2015.

The state approved placing the ban on gay marriage in the Mississippi Constitution in 2004. It was overwhelmingly approved by both chambers of the . The vote in the Senate was unanimous.

Then it was approved by 86% of the state’s electorate in the 2004 November general election. No county voted against the provision placing a ban on gay marriage in the state Constitution.

And to highlight what a hot-button issue gay marriage remains in Mississippi, legislators in 2016 passed a bill that allows public to opt out of providing services to same-sex couples, such as issuing a marriage license, and allows private businesses not to services to gay couples. That legislation, which still ensures the state will issue a marriage license to a gay couple even if a clerk opts out of providing the service, has not been overturned by the federal courts.

In addition, polling in 2017 by the Public Religion Research Institute found only three states where a majority or plurality opposed gay marriage: Mississippi, Alabama and Virginia.

Granted, at least one key obstacle to the Supreme Court overturning gay marriage is that there are already tens of thousands of couples who have married since the 2015 ruling. What would happen to those marriages? Still, do not be surprised if some politicians attempt to overturn gay marriage if Roe v. Wade is reversed.

In 1964, the Supreme Court also ruled state bans on interracial marriage unconstitutional. Even with that ruling, the provision in the Mississippi Constitution banning interracial marriage remained on the books until 1986, when the Legislature gave voters an to it.

Voters did approve the provision removing the interracial marriage prohibition, but by a significantly closer margin — 52% to 48% — than the margin by which most constitutional amendments pass in the state.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Mississippi News

Mississippi sees 5th largest increase in fatal crashes: study

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www.wjtv.com – Garret Grove – 2024-11-02 12:25:00

SUMMARY: A recent study highlights a troubling rise in road fatalities in Mississippi, with a nearly 31% increase in fatal accidents from 2012 to 2021, ranking it fifth highest in the country. The reported a spike during the 2024 Labor Day , responding to seven fatal crashes resulting in 15 deaths, to only three crashes and six deaths in 2021. Additionally, a 2023 showed Mississippi had the highest per capita fatal crashes during the Christmas period. Young drivers are particularly affected, as Mississippi ranks fifth for teenage driving fatalities nationwide.

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Mississippi News

Vicksburg man charged with assaulting woman in domestic dispute

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www.wjtv.com – Kaitlin Howell – 2024-11-02 11:33:00

SUMMARY: In Vicksburg, Mississippi, a domestic assault led to the hospitalization of a man and woman on November 2. were alerted by Merit Region after a 28-year-old man, Daron Evans, arrived with a stab wound. Authorities dispatched to the scene found the woman, who had also been assaulted. After receiving treatment, Evans was and charged with aggravated assault domestic violence; he is held without bond until his court appearance. The woman is in stable at the of Mississippi Medical Center. An investigation is ongoing.

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Mississippi News

Cloudy and humid weekend – Home – WCBI TV

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www.wcbi.com – Sadie Morris – 2024-11-02 10:13:00

SUMMARY: In Columbus, Mississippi, humid and cloudy weather is expected, with temperatures remaining above average in the lower 80s for the upcoming . Rain is forecasted for Election Day on Tuesday, continuing into the week with isolated showers likely. This Saturday will see patchy fog in the morning, clearing by midday, with a high around 80 degrees. Sunday will bring similar humidity, with a high in the lower 80s and mild overnight lows in the mid-60s. Throughout the week, expect persistent clouds and humidity alongside mild temperatures.

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