Fifth Circuit Upholds MS Religious Freedom Bill
Reported by Rob Chambers National Field Director, AFA Action | Friday, June 23, 2017 @ 2:07 PM
Great news! The Fifth Circuit Court of Appeals (federal court in New Orleans) upheld the Mississippi “Protecting Freedom of Conscience from Government Discrimination Act” or HB 1523. 
This bill was introduced and passed in the MS Legislature in 2016 and signed by Gov. Phil Bryant. Tim Wildmon, AFA President, interviewed Mississippi Governor Phil Bryant earlier this week about the Fifth Circuit’s decision. Listen to that short conversation here.
AFA’s contention is that this legislation was necessary due to the U.S. Supreme Court’s Obergefell v. Hodges
decision which created a constitutionally protected right to same-sex marriage in every state. The court’s ruling failed to protect people and entities which hold religious beliefs on marriage and sexuality that conflict with the government’s enforcement of the right to same-sex marriage.
AFA strongly believes that legislation was necessary to prevent government (in this case state) bureaucrats and courts from denying tax benefits, government funding and licenses, school accreditation, and employment or otherwise infringing on the religious rights of Christians simply because we believe the Bible teaches that marriage is only between one man and one woman and that a person’s gender is defined by biology at birth and is unchangeable.
Examples are numerous as to why this law is necessary. Atlanta Fire Chief Kelvin Cochran was fired from his public sector job for writing a men’s Bible study (on his own time) that affirmed marriage as between one man and one woman. Barronelle Stutzman was sued by the state of Washington for declining to participate in a homosexual wedding. Faith based adoption agencies have been forced to stop serving orphans in need of homes because the policies of these agencies require homes with a married mother and father. Gordon College of Massachusetts was threatened with loss of accreditation due to its embrace of orthodox 
Christianity.
The protections the Fifth Circuit upheld in HB 1523 include:
- Protecting Christians from being legally forced to participate in a wedding ceremony between two homosexuals.
- Preventing of the State of Mississippi and local governments therein from violating the conscience of individuals or entities who affirm marriage as being only between a man and a woman.
- Protection of a person’s conscience from state and local government persecution if that person affirms that sexual identity is biologically fixed at birth.
- Protection of faith-based adoption agencies from government persecution if the agency chooses to place children only in homes of a mother and father.
- Protection of religious schools and other non-profit religious groups from the governmental threat of losing their tax-exempt status.
Religious freedom has been under assault in our country, especially against Christians. This decision is another reason to give thanks to the Lord today! AFA thanks our friends at the Alliance Defending Freedom for taking this case up on behalf of the people of Mississippi.
Reported by 
What Did You Say? 
HB 1523, “Protecting Freedom of Conscience from Government Discrimination Act,” is based on the principle of protecting minority rights after major social change. In other states where marriage had been redefined, citizens and religious organizations who continued believing that marriage was a union of husband and wife have been penalized by the government. Bakers and florists have been fined, adoption agencies shuttered. So the citizens of Mississippi have acted to make sure it never happens in their state. In the aftermath of the Supreme Court’s redefinition of marriage, they’re working to protect their civil liberties.
It’s what Americans did after Roe v. Wade, too. Congress and the states have passed a variety of laws that protect pro-life conscience. In Roe v. Wade the Supreme Court invented a right to an abortion. But after Roe legislatures made clear that government cannot require a pro-life doctor or nurse to perform an abortion—that they, too, had rights that required specific protections from hostile judges and bureaucrats.
Likewise, in the Obergefell decision, the Supreme Court redefined marriage throughout America by mandating that governmental entities treat same-sex relationships as marriages. The Supreme Court did not say that private schools, charities, businesses, or individuals must abandon their beliefs if they disagree, but some governments are acting as if it did.
That’s what HB 1523 would prevent. It protects the freedom of conscience for people who believe any of the following three things: 1) that marriage is the union of husband and wife, 2) that sexual relations are reserved for marriage, and 3) that our gender identity is based on our biology. It doesn’t say anyone has to believe these things, it just says that if someone does believe them, the government can’t discriminate against them. So the bill takes nothing away from anyone, it simply protects pluralism.
HB 1523 specifies types of people and types of organizations for particular protections—including religious organizations, medical professionals and professionals working in the wedding industry, and government employees. It crafts careful protections for each type of entity.
For example, HB 1523 says that the government can never discriminate against a religious organization because it declines to solemnize or celebrate a same-sex wedding, or because it makes employment decisions in keeping with their religious beliefs about marriage. It prevents the government from discriminating against religious organizations that do adoption or foster care work in keeping with their religious beliefs about marriage as the union of husband and wife.
When it comes to professionals, HB 1523 says that the government can never discriminate against a surgeon, psychiatrist or counselor because they decline to do sex-reassignment surgery or decline to do marriage counseling for a same-sex marriage. The bill makes clear, however, that it cannot be used to deny visitation or proxy decision making to a same-sex spouse, nor to deny any emergency medical treatment required by law. Likewise, under HB 1523 the government could never penalize a photographer, baker or florist who declined to help celebrate a same-sex wedding.
As for government employees, HB 1523 strikes a reasonable balance. It says that the government cannot discriminate against employees for speech or conduct they engage in in their personal capacity outside of their job responsibilities when it comes to these three beliefs.
Inside of work, it says the government can’t signal out these viewpoints for particular sanction—that employees must abide by common “time, place, and manner” regulations, but no content restrictions on speech at work. It also says that a government employee may seek a recusal from issuing marriage licenses, provided they do it ahead of time and in writing, and provided they “take all necessary steps to ensure that the authorization and licensing of any legally valid marriage is not impeded or delayed.” A commonsense win-win outcome.
Finally, the bill makes clear that the government cannot take any adverse action against any organization that makes access to sex-specific facilities such as bathrooms and locker rooms based on biological sex.
Hopefully we will not see a repeat of Indiana and Georgia in Mississippi. Big business and special interests should not attack the state or this bill.
When the bill reaches his desk, the governor should sign it into law, and other states should follow Mississippi’s lead.