Barber v. Bryant | Campaign for Southern Equality v. Bryant
Description: The Protecting Freedom of Conscience from Government Discrimination Act, HB 1523, protects citizens, public servants, businesses, and religious institutions from government reprisal for operating publicly according to their belief that marriage is reserved for one man and one woman, that sexual activity is intended only for married couples, and that one’s biological sex cannot change. Bryant signed the overwhelmingly popular bill into law in April 2016, but a federal district court granted a request to block it shortly thereafter.
US Supreme Court allows Mississippi to protect its citizens against govt coercion
Monday, Jan 8, 2018
WASHINGTON – The U.S. Supreme Court declined Monday to disturb a state law protecting Mississippians against government discrimination, leaving in place a U.S. Court of Appeals for the 5th Circuit ruling which concluded in June of last year that the law’s opponents didn’t demonstrate they have been or will be harmed by the law. The 5th Circuit therefore lifted an injunction that had been blocking the Protecting Freedom of Conscience from Government Discrimination Act (HB 1523) from going into effect.Alliance Defending Freedom attorneys are part of the legal team representing Gov. Phil Bryant in the lawsuits, Barber v. Bryant and Campaign for Southern Equality v. Bryant.
“Good laws like Mississippi’s protect freedom and harm no one,” said ADF Senior Counsel Kevin Theriot. “The 5th Circuit was right to find that those opposing this law haven’t been harmed and, therefore, can’t try to take it down. Because of that, we are pleased that the Supreme Court declined to take up these baseless challenges, which misrepresented the law’s sole purpose of ensuring that Mississippians don’t live in fear of losing their careers or their businesses simply for affirming marriage as a husband-wife union.”
“Those who haven’t been and won’t be harmed by this law shouldn’t be allowed to restrict freedom for others by ensuring dissenters are left open to the government discrimination that has already occurred in states without protective laws like this one,” Theriot explained.
HB 1523 protects citizens, public servants, businesses, and religious institutions from government reprisal for operating publicly according to their belief that marriage is reserved for one man and one woman. Bryant signed the overwhelmingly popular bill into law in April 2016, but a federal district court stopped its enforcement shortly thereafter.
The 5th Circuit, however, concluded in its opinion that since “the plaintiffs do not have standing, we reverse the injunction and render a judgment of dismissal…. Because the challengers have failed to provide sufficient evidence of an injury-in-fact from HB 1523…, they have not made a clear showing of standing.”
Co-counsel Jonathan F. Mitchell of Stanford Law School argued before the 5th Circuit on behalf of Bryant and was counsel of record at the Supreme Court.
The 5th Circuit, however, concluded in its opinion that since “the plaintiffs do not have standing, we reverse the injunction and render a judgment of dismissal…. Because the challengers have failed to provide sufficient evidence of an injury-in-fact from HB 1523…, they have not made a clear showing of standing.”
Co-counsel Jonathan F. Mitchell of Stanford Law School argued before the 5th Circuit on behalf of Bryant and was counsel of record at the Supreme Court.
- What is “standing”?
- Pronunciation guide: Theriot (TAIR’-ee-oh)
Alliance Defending Freedom is an alliance-building, non-profit legal organization that advocates for the right of people to freely live out their faith.
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Previous News Releases
5th Circuit allows Mississippi anti-coercion law to go into effect
Thursday, Jun 22, 2017
Mississippi governor weighs in for freedom, defends anti-coercion law
Tuesday, Jan 17, 2017
Mississippi governor signs bill protecting citizens from govt discrimination
Tuesday, Apr 5, 2016
Mississippians support new bill protecting citizens from govt discrimination
Friday, Apr 1, 2016
Legal Documents
Complaint: Campaign for Southern Equality v. Bryant
Complaint: Barber v. Bryant
Preliminary injunction opinion and order: Campaign for Southern Equality v. Bryant
Preliminary injunction opinion and order: Barber v. Bryant
Governor's motion for and brief in support of stay pending appeal: Campaign for Southern Equality v. Bryant
Motion for and brief in support of stay pending appeal: Barber v. Bryant
Executive director of MDHR's motion to stay preliminary injunction pending appeal: Campaign for Southern Equality v. Bryant
Governor's motion to stay preliminary injunction pending appeal and motion for expedited consideration: Campaign for Southern Equality v. Bryant
Motion to stay preliminary injunction pending appeal and motion for expedited consideration: Barber v. Bryant
Executive director of MDHR's motion to stay preliminary injunction pending appeal and motion for expedited consideration: Campaign for Southern Equality v. Bryant
Response of plaintiffs to motion for stay pending appeal (district court): Campaign for Southern Equality v. Bryant
Response in opposition to motion to stay preliminary injunction pending appeal (5th Circuit): Campaign for Southern Equality v. Bryant
Response in opposition to motion to stay preliminary injunction pending appeal (5th Circuit): Barber v. Bryant
Reply brief in support of the motion to stay preliminary injunction pending appeal: Campaign for Southern Equality v. Bryant
Appellants' opening brief: Barber v. Bryant and Campaign for Southern Equality v. Bryant
Appellants' reply brief: Barber v. Bryant and Campaign for Southern Equality v. Bryant
5th Circuit opinion: Barber v. Bryant and Campaign for Southern Equality v. Bryant
5th Circuit en banc denial: Barber v. Bryant and Campaign for Southern Equality v. Bryant
Petition for writ of certiorari: Barber v. Bryant
Brief in opposition to cert petition: Barber v. Bryant
Related Resources
ABOUT Kevin Theriot
Kevin Theriot serves as senior counsel with Alliance Defending Freedom, where he is a key member of the Center for Life Team working to defend pro-life laws and speech and protect medical rights of conscience. He has litigated cases in the areas of religious freedom, the sanctity of life, and marriage and family. Theriot is admitted to the bar in eight states, the U.S. Supreme Court, and numerous other federal courts of appeal and district courts. Theriot received his law degree from Vanderbilt University and has been litigating First Amendment issues since 1993.