Supreme Court: States must allow same-sex marriage

Same-sex couples in every state now have the right to legally marry after the Supreme Court issued a decision essentially legalizing gay marriage on Friday.

The Supreme Court's ruling paved the way for same-sex marriage in every state, but an advisement by Attorney General Jim Hood temporarily delayed many Mississippi couples' plans.

While gay marriage advocates celebrated and couples visited courthouses across the state, many licenses were delayed after the attorney general issued a statement advising clerks hold off on issuing licenses. Hood cited legal technicalities in the federal lawsuit and said licenses wouldn't be issued until the stay, or hold, on an order issued by U.S. District Judge Carlton Reeves overturning the marriage bans is lifted.

The Hattiesburg American reported at least two same-sex couples were issued licenses in Forrest County, though the status of their licenses is not clear.

The nation's highest court ruled in a 5-4 decision that state bans on same-sex marriages, such as the one Mississippi has, violate the U.S. Constitution. The ruling also means Mississippi must recognize the marriages of same-sex couples performed in other states where gay marriage is legal.

The ruling settles several ongoing cases in other states, including Mississippi, where the state appealed Reeves' ruling that overturned the state's same-sex marriage ban. The ruling came in a lawsuit challenging the state's ban filed by two same-sex couples from Mississippi last year.

The lead attorney in the Mississippi lawsuit filed a motion late Friday afternoon encouraging the court to immediately lift the stay of Reeves' order invalidating the state's prohibition on gay marriage so same-sex marriage licenses may move forward in the state.

"Thousands of gay couples will continue to be irreparably injured by being deprived of their constitutional right to marry, a right that has now been recognized and endorsed by the Supreme Court of the United States in Obergefell," the motion stated.

The filing also noted that the Texas district court lifted a stay it had imposed in a similar set of circumstances.

"There is no reason that Appellees in Mississippi should be subject to a stay while the identically-situated plaintiffs in Texas are not."

Justice Anthony Kennedy, who authored the last three major rulings advancing the cause of gay marriage, wrote the opinion in Obergefell v. Hodges.

"No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than they once were," Justice Kennedy wrote in the last paragraph of the opinion. "... It would misunderstand these men and women to say they disrespect the idea of marriage. ... They ask for equal dignity in the eyes of the law. The Constitution grants them that right."

Rob Hill, the director of the Mississippi Human Rights Campaign, said Friday's ruling "makes perfectly clear there's no legal or moral justification for standing in the path of marriage equality."

He continued to say state and local officials should follow through on the law.

"It is essential that our state and county officials in Mississippi act swiftly to ensure that every obstacle to obtaining a marriage license is removed. To do anything less is a shameful attempt to cement this state on the wrong side of history," Hill said.

Many in the Republican leadership, however, decried the ruling, calling it an overreach of the federal government and the courts. One prominent state legislator, House Judiciary Chairman Andy Gipson, R-Braxton, said one option being considered is for the state to get out of the marriage business altogether.

"One of the options that other states have looked at is removing the state marriage license requirement," he said. "We will be researching what options there are."

The conservative Tupelo-based American Family Association issued a statement in which AFA president Tim Wildman condemned the court's decision, saying it "rejects not only thousands of years or time-honored marriage but also the rule of law in the United States."

"Sadly, our nation's highest Court, which should be a symbol of justice, has chosen instead to be a tool of tyranny, elevating judicial will above the will of the people," Wildmon said in the statement. "There is no doubt that this morning's ruling will imperil religious liberty in America, as individuals of faith who uphold time-honored marriage and choose not to advocate for same-sex unions will now be viewed as extremists."

The AG's direction to circuit clerks was criticized by Rob McDuff, a Jackson attorney representing the Mississippi plaintiffs in the federal lawsuit, and constitutional law expert Matt Steffey, a law professor at Mississippi College's law school.

"The AG is just wrong," Steffey said. " … As soon as the Supreme Court mandate issues, then it's the law of the land. If a clerk refuses to issue a license to a same-sex couple they're subject to being sued for violation of that person's civil rights."

Hood's office later issued another statement, saying it was "not standing in the way of the Supreme Court's decision. We simply want to inform our citizens of the procedure that takes effect after this ruling … When the 5th Circuit lifts the stay of Judge Reeves' order, it will become effective in Mississippi and circuit clerks will be required to issue same-sex marriage licenses."

It is not clear when the stay will be lifted. It could take days or weeks, according to Hood.

Meanwhile, the move by Hood left many couples disappointed.

Celeste Swain and her partner, Bobbi Gray, of Gulfport were the first to arrive at the circuit clerk's office in Harrison County.

Swain said after filling out some paperwork, they were called back over to the desk and told there would be a waiting period according to the attorney general.

"We're pretty deflated," said Swain, who waited at the courthouse until around noon hoping something might change. "I'm looking at Mississippi wanting to wave the 'Hi, we're in last place' flag again. Alabama is issuing licenses, Tennessee ... I'm sort of speechless."

Two same-sex couples at the Hinds County Courthouse had already deposited their license fees and were filling out forms when Circuit Clerk Barbara Dunn delivered the news of the attorney general's statement to a packed room.

Laurin Locke and her partner Tiffany Brosh of Rankin County, one of those two couples, were disappointed their application was voided.

"It was almost expected," said Brosh, "but we're still happy and Mississippi will still have to comply."

Contact Kate Royals at (601) 360-4619 or kroyals@gannett.com. Follow @KRRoyals on Twitter.