Mississippi fights for religious freedom bill; Appeal is filed

U.S. District Judge Carlton Reeves may have struck down the religious freedom bill minutes before it was to take effect on July 1, but the fight is not yet over.

Mississippi, Governor Phil Bryant arrives to attend B.B. King's funeral in Indianola, Mississippi in this May 30, 2015, file. | Reuters/Mike Blake

Drew Snyder, who represents Mississippi Gov. Phil Bryant, filed a motion early this month in the U.S. District Court that he would be appealing the judge's decision. The motion also asked that Reeves stay his preliminary injunction, pending appeal, according to The Clarion-Ledger.

The religious freedom law, or House Bill 1523, gives government employees and businesses the right to refuse services, such as those involving same-sex marriage, that would violate their beliefs while ensuring that those who seek the services can obtain them elsewhere.

For example, state clerks can have the freedom to not issue a marriage license to gay couples. This way, they can still practice their convictions without being forced by the law to oppose their deeply held beliefs.

The religious freedom bill was supposed to take effect on July 1, but Reeves blocked the bill through an injunction issued late evening of June 30, just minutes before midnight.

Reeves said the bill favored certain religious beliefs over others, violating the Equal Protection Clause.

"The State has put its thumb on the scale to favor some religious beliefs over others," Reeves wrote. "Showing such favor tells 'nonadherents that they are outsiders, not full members of the political community, and ... adherents that they are insiders, favored members of the political community.' "

Bryant expressed disappointment over Reeves' decision and said HB 1523 merely gives "religious accommodations granted by many other states and federal law," as reported by The Clarion-Ledger.

Snyder said HB 1523 is constitutional and that the court "erred" by not allowing section 3(1)(a) to be enforced.

"Although we respect this court and its decision, we believe that the court's preliminary-injunction order is unlikely to survive appellate review," Snyder added.

Meanwhile, investigations revealed that the bill was drafted with the help of Alliance Defending Freedom, a nonprofit organization that advocates for people's right to live according to their faith.